SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clearwater Basin Project Act''.

SEC. 2. DEFINITIONS.

    (a) Definitions.--In this Act:
            (1) Advisory panel.--The term ``advisory panel'' means the
        Clearwater Advisory Panel, established by the Secretary under
        section 3.
            (2) Pilot project.--The term ``pilot project'' means the
        Clearwater Basin Pilot Project authorized by section 4.
            (3) Pilot project area.--The term ``pilot project area''
        means the area described in section 4(a) in which the pilot
        project will be conducted.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (5) Stewardship contract.--The term ``stewardship
        contract'' means a contract to achieve land management goals
        for National Forest System lands as described in section 347 of
        the Department of Interior and Related Agencies Appropriations
        Act, 1999 (16 U.S.C. 2104 note).
            (6) Stewardship objectives.--The term ``stewardship
        objectives'' means objectives that enhance forest ecosystems,
        and restore and improve land health water quality such as--
                    (A) road, trail, and infrastructure maintenance or
                obliteration;
                    (B) soil productivity improvement;
                    (C) improvements in forest ecosystem health;
                    (D) watershed restoration and maintenance;
                    (E) restoration, maintenance and improvement of
                wildlife and fish habitat;
                    (F) control of noxious weeds; and
                    (G) reestablishment of native species.

SEC. 3. CLEARWATER ADVISORY PANEL.

    (a) Establishment and Purpose.--The Secretary shall establish an
advisory group, to be known as the ``Clearwater Advisory Panel'', for
the purpose of improving collaborative relationships and providing
advice and recommendations to the Forest Service regarding the
Clearwater Basin pilot project and activities under the pilot project,
as authorized by and consistent with this Act.
    (b) Duties.--The advisory panel shall--
            (1) review and make recommendations to the Forest Service
        regarding activities proposed for high priority implementation
        as part of the pilot project;
            (2) provide early and continuous coordination with
        appropriate Forest Service and other agency officials in
        reviewing and recommending activities for high priority
        implementation; and
            (3) provide frequent opportunities for citizens,
        organizations, tribes, agencies, and other interested parties
        to participate in all stages of the activity schedule
        development process.
    (c) Appointment of Members.--
            (1) Appointment and term.--No later than 90 days after the
        date of enactment of this Act, and consistent with subsection
        (d), the Secretary shall appoint the members of the advisory
        panel and each member shall serve without compensation for a
        term of three years beginning on the date of appointment. The
        Secretary may reappoint members to subsequent three-year terms.
            (2) Vacancies.--The Secretary shall make appointments to
        fill vacancies on the advisory panel as soon as practicable
        after the vacancy has occurred.
    (d) Composition of Advisory Panel.--The advisory panel shall
be comprised of 15 members who shall be representative of the interests
of the following categories:
            (1) Category i.--
                    (A) organized labor;
                    (B) developed outdoor recreation, off highway
                vehicle users, or commercial recreation activities;
                    (C) energy and mineral development interests;
                    (D) commercial timber industry; and
                    (E) Federal grazing permit holders, or other land
                use permit holders within the pilot project area.
            (2) Category ii.--
                    (A) national environmental organizations;
                    (B) regional or local environmental organizations;
                    (C) dispersed recreational activities;
                    (D) archaeological and historical interests; and
                    (E) national or regional fish and wildlife interest
                groups.
            (3) Category iii.--
                    (A) State elected officeholders or their designee;
                    (B) county or local elected officeholders;
                    (C) Indian Tribes within or adjacent to the pilot
                project area;
                    (D) school officials or teachers; and
                    (E) the affected public at large.
            (4) Balanced representation.--The Secretary shall provide
        for balanced representation from among the categories described
        in paragraphs (1), (2), and (3).
            (5) Geographic distribution.--The members of the advisory
        panel shall reside within the State of Idaho, and to the extent
        practicable, within or adjacent to the pilot project area.
    (e) Approval Procedures.--
            (1) Establishment.--Subject to paragraph (2) and the other
        requirements of this Act, the advisory panel shall establish
        procedures for proposing, developing, and reviewing activities
        and schedules for recommendation to the Forest Service for
        approval and implementation under the pilot project. A majority
        must be present to constitute an official meeting of the
        advisory panel.
            (2) Majority vote.--An activity or schedule may be
        recommended by the advisory panel to the applicable Forest
        Supervisor for approval and implementation under the pilot
        program if it is approved by a majority of the advisory panel
        members from each of the three categories described in
        subsection (d).
    (f) Other Authorities and Requirements.--
            (1) Chairperson.--A majority of the advisory panel shall
        select a chairperson.
            (2) Staff assistance.--The Secretary may provide staff
        assistance to the advisory panel from employees under the
        jurisdiction of the Secretary.
            (3) Meetings.--All meetings of the advisory panel shall be
        announced at least one week in advance in a local newspaper of
        record and shall be open to the public. Records of the meetings
        shall be retained and made available for public inspection.

SEC. 4 CLEARWATER BASIN PILOT PROJECT.

    (a) Pilot Project Authorized.--The Secretary may conduct a pilot
project under this section, to be known as the ``Clearwater Basin pilot
project'', on those National Forest System land encompassed by the
North Fork, Powell, and Lochsa Ranger Districts of the Clearwater
National Forest in the State of Idaho, and the Red River/Elk City,
Moose Creek and Clearwater Ranger Districts of the Nez Perce National
Forest in the State of Idaho.
    (b) Role of Advisory Panel.--The advisory panel shall review and
recommend activities for high priority implementation of stewardship
objectives within the pilot project area, for which funding is
authorized under this Act or other laws.
    (c) Stewardship Contracts.--A total of three stewardship contracts
are authorized for recommendation by the advisory panel and for
approval and implementation in accordance with, and to achieve the
purposes of, the pilot project. These contracts are in addition to any
stewardship contracts authorized under any other law.
    (d) Activity Schedules.--
            (1) Development.--Within two years after the date of the
        enactment of this Act, the advisory panel shall develop and
        submit for Forest Supervisor review schedules of high priority
        activities to be commenced within the pilot project area for
the ensuing five-year period. Separate schedules shall be developed for
the Clearwater National Forest portion of the pilot project area.
Thereafter, the advisory panel shall develop and submit in advance
schedules for subsequent five-year periods.
            (2) Consultation.--The advisory panel shall develop each
        five-year schedule in consultation with, and with technical
        assistance from, the applicable Forest Supervisor and the Nez
        Perce Tribe. The Forest Service shall ensure that the
        activities in the schedules are consistent with treaty and any
        other obligations to the Tribe.
            (3) Content.--Each five-year schedule shall be in
        sufficient detail to describe the high priority activities to
        be conducted in the pilot project area over the five-year
        period and the timing for their implementation, and to allow
        reasonable site-specific, project-level evaluation of their
        environmental effects. The scope of the activities included in
        each schedule shall be reasonably adjusted to the extent that
        the advisory panel and applicable Forest Supervisor determine
        necessary to allow such evaluation to be completed within the
        time periods provided by this Act.
            (4) Consistency with forest plan.--The activities included
        within the five-year schedules shall be consistent with the
        applicable forest land and resource management plan. The
        schedule may include any amendment of the applicable forest
        land and resource management plan that the advisory panel
        recommends or that the applicable Forest Supervisor determines
        is necessary to allow or facilitate implementation of one or
        more activities in the schedule.
    (f) NEPA Requirements and Related Procedures.--
            (1) Process.--The Forest Service shall conduct any
        applicable procedures under the National Environmental Policy
        Act of 1969 (42 U.S.C. 4321 et seq.) for the approval of the
        activities in each five-year schedule, tiered to the
        environmental impact statement for the applicable forest land
        and resource management plan. The procedures under such Act,
        and any review, consultation, or coordination under other laws,
        including the Forest and Rangeland Renewable Resources Planning
        Act of 1974 (16 U.S.C. 1600 et seq.), Endangered Species Act of
        1973 (16 U.S.C. 1531 et seq.) and National Historic
        Preservation Act (16 U.S.C. 470), shall be completed within one
        year after the Forest Service, in consultation with the North
        Central Idaho resource advisory committee, issues the public
        scoping notice regarding the proposed schedule.
            (2) Resources.--The Forest Service, and any other Federal
        agencies involved in the process described in paragraph (1),
        shall provide sufficient personnel and other resources,
        directly or through contracting, to complete the review,
        consultation, or coordination within the required one-year
        period, and without substantially delaying implementation of
        other forest management activities in Region 1 of the Forest
        Service. The Forest Service and other involved agencies may
        rely upon or use any analysis, documents, or procedures
        previously performed under the National Environmental Policy
        Act of 1969 or other law for any activity in the schedule.
            (3) Effect of failure to complete process.--If any review,
        consultation, or coordination required under the National
        Environmental Policy Act of 1969 or other law has not been
        completed for a schedule within the required one-year period,
        the lack of completion shall not be a basis for challenging or
        delaying submittal, approval, or implementation of an activity
        in the schedule, if the applicable Forest Supervisor, in
        consultation with the advisory panel, finds that sufficient
        review, consultation, and coordination regarding the activity
        has occurred and a sufficient record exists to make a reasoned
        decision regarding approval of the activity.
    (g) Review by Forest Supervisor.--
            (1) Submission.--The advisory panel shall submit a final
        recommendation regarding each five-year schedule, together with
        the record of the review, consultation, and coordination
        performed under subsection (f) for the schedule, to the
        applicable Forest Supervisor for review. The final
        recommendation and record shall be submitted to the Forest
        Supervisor at least 30 days in advance of the date for
        commencing implementation of activities under the schedule.
            (2) Review.--Within 30 days after receiving the schedule
        and record from the advisory panel, the Forest Supervisor shall
        issue a project or activity decision document regarding review
        of the recommended schedule in accordance with the National
        Environmental Policy Act of 1969 and any other applicable
        procedures. In the decision document, the Forest Supervisor may
        approve the schedule, or disapprove the schedule and return it
        to the advisory panel for further consideration with
        instructions. If the Forest Supervisor has not issued a
decision document upon expiration of the 30-day period, the schedule
shall be deemed approved by the Forest Supervisor and subject to
administrative appeal under Department of Agriculture procedures
applicable to Forest Service project or activity record of decision or
decision notice documents issued pursuant to the National Environmental
Policy Act of 1969.
    (h) Implementation.--Upon approval of the schedule, but subject to
any stay that may be in effect pursuant to Forest Service project or
activity administrative appeal procedures, the Forest Service may issue
any permits, contracts, or other authorizations for activities in the
schedule without further review, consultation, or coordination under
the National Environmental Policy Act of 1969 or other laws.
    (i) Activities Not Included in a 5-Year Schedule; Amendment of
Schedule.--An activity that the advisory panel determines should
proceed in advance of approval of the first five-year schedule, or an
activity in the pilot project area that is not included in a five-year
schedule, may be approved and implemented on an individual or group
basis, upon completing the process and requirements for review and
approval of a five-year schedule. A five-year schedule may be amended
upon completed the process and requirements for review and approval of
the schedule.
    (j) Relation to Other Schedules, Plans, and Activities.--The five-
year schedules and activities authorized under the pilot project shall
supplement other schedules plans and projects or other activities
authorized and implemented under other law. Upon advisory panel
recommendation and applicable Forest Supervisor approval, an activity
that is included in another schedule or plan or proposed, authorized,
or funded under other law may be authorized and implemented as an
activity under the pilot project, if the activity meets the
requirements of this section for implementation as a high priority
activity.

SEC. 5. MONITORING AND REPORTING REQUIREMENTS.

    (a) Report on Applicable Rules and Regulations.--The advisory panel
may submit to the Secretary, the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives a compilation of regulations applicable to the pilot
project that the advisory panel determines are inappropriate for the
pilot project, incompatible with the pilot project, or unduly
burdensome in conducting the pilot project.
    (b) Monitoring; Annual Report on the Project.--The Secretary shall
monitor the activities and achievement in the pilot project area under
the pilot project. Not later than two years after the date of the
enactment of this Act, and each year thereafter during the pilot
project, the Secretary shall submit a report to the Committee on Energy
and Natural Resources of the Senate and the Committee on Resources of
the House of Representatives on the results of such monitoring,
including detailed information on the sources and uses of funds and the
status, outputs, and other results accomplished for each activity
recommended for priority implementation by the advisory panel under the
pilot project.
    (c) State of Idaho Report.--The Secretary shall request the State
of Idaho, through the University of Idaho College of Natural Resource
or other source, to prepare a report reviewing the activities and
achievements of the pilot project in the pilot project area. The
Secretary shall request the State to prepare and submit the report at
five-year intervals to the Secretary, the Committee on Energy and
Natural Resources of the Senate, and the Committee on Resources of the
House of Representatives. The requested report should include an
assessment of whether, and to what extent, the activities conducted
under the pilot project are meeting or enhancing the accomplishment of
stewardship objectives.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary, through fiscal year 2012, such sums as
may be necessary for the following purposes:
            (1) Developing, submitting, reviewing, and implementing
        five-year schedules and priority activities under the pilot
        project, including the stewardship contracts authorized by this
        Act.
            (2) Other advisory panel activities and technical
        assistance to the advisory panel for the purposes of the pilot
        project.
            (3) Monitoring and reporting requirements under section 5.
            (4) Such other actions as are necessary to implement this
        Act.
    (b) Availability.--Amount appropriated for the purposes specified
in subsection (a) shall remain available until expended.
    (c) Treatment of Receipts.--Notwithstanding the Secure Rural
Schools and Community Self-Determination Act of 2000 (Public Law 106-
393; 16 U.S.C. 500 note), any moneys received by the Forest Service
from activities approved and implemented under the pilot project shall
be distributed in accordance with the sixth paragraph under the heading
``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500).

SEC. 7. SEVERABILITY.

    If any provisions of this Act or the application of this Act to any
person or circumstances is held to be invalid, the validity of the
remainder of this Act and of the application of such provision to other
persons and circumstances shall not be affected.

Summary: Clearwater Basin Project Act - Directs the Secretary of Agriculture to establish and maintain the Clearwater Advisory Panel (CAP), which shall provide advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project within the Clearwater and Nez Perce National Forests, Idaho. States that the CAP shall: (1) make recommendations regarding activities for high priority implementation, (2) provide early and continuous coordination with Federal officials. And (3) provide for public input into its proceedings. Authorizes the Secretary to conduct the Project. Directs the CAP, in consultation with and receiving technical assistance from the applicable Forest Supervisor, to develop and submit for approval from the Forest Supervisor five-year schedules of high priority activities for the Project . Requires that the activities included in such schedules be consistent with the applicable forest land and resource management plan. Directs the Forest Service to complete any applicable National Environmental Policy Act (NEPA) procedures for the approval of the activities at the site-specific, project level. Directs the CAP to consult with the Nez Perce Tribe in developing and recommending each schedule. Directs the Forest Supervisor to issue a project or activity decision document regarding approval of the recommended schedule in accordance with NEPA and other applicable procedures. Provides for the schedules and activities authorized under this section to supplement certain other schedules, plans, and projects or other activities authorized and implemented under other law.

A bill to provide for enhanced collaborative forest stewardship management within the Clearwater and Nez Perce National Forests in Idaho, and for other purposes.


SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Federal Asthma
Assessment and State Tracking Act of 2002'' (FAAST Act).
    (b) Findings.--Congress finds the following:
            (1) Asthma summary.--Asthma is a serious chronic condition
        affecting many Americans. Asthma accounts for an estimated 3
        million lost workdays for adults and 10.1 million lost school
        days in children annually. Over the past 20 years mortality,
        morbidity, and hospital discharge rates attributed to asthma
        have substantially increased. Between 1979 and 1998, the age-
        adjusted mortality rate increased 56 percent while the
        prevalence rate increased by almost 22 percent in males and 97
        percent in females between 1982 and 1996.
            (2) Race-specific prevalence.--In 1996, the prevalence rate
        of asthma in whites was 53.5 per 1,000 persons while the
        prevalence rate in blacks was 69.6 per 1,000 persons. Both of
        these rates represent significant differences from the rates
        reported in 1982, when they were 34.6 and 39.2 for whites and
        blacks, respectively.
            (3) Economic costs of asthma.--Asthma entails an annual
        economic cost to the Nation in direct health care costs of $8.1
        billion; indirect costs (lost productivity) add another $4.6
        billion for a total of $12.7 billion. Inpatient hospital
        services represented the largest single direct medical
        expenditure, over $3.5 billion. The value of reduced
        productivity due to loss of school days represented the largest
        single indirect cost at $1.5 billion.

SEC. 2. ASTHMA SCREENING FOR EARLY HEAD START AND HEAD START PROGRAMS.

    (a) Early Head Start Programs.--Section 645A of the Head Start Act
(42 U.S.C. 9840a) is amended by adding at the end the following:
    ``(h) Asthma Screening.--
            ``(1) In general.--An entity that receives assistance under
        this section may carry out a program under which the entity--
                    ``(A) determines whether a child eligible to
                participate in the program described in subsection (a)
                has each received an asthma screening test using a test
                that is appropriate for age and risk factors on the
                enrollment of the child in the program; and
                    ``(B) in the case of a child who has not received
                such an asthma screening test, ensures that the
                enrolled child receives such a test either by referral
                or by performing the test (under contract or
                otherwise).
            ``(2) Reimbursement.--
                    ``(A) In general.--On the request of an entity that
                performs or arranges for the performance of an asthma
                screening test under paragraph (1) on a child who is
                eligible for or receiving medical assistance under a
                State plan under title XIX of the Social Security Act
                (42 U.S.C. 1396 et seq.), the Secretary of Health and
                Human Services, notwithstanding any other provision of,
                or limitation under, title XIX of the Social Security
                Act, shall reimburse the entity, from funds that are
                made available under that title, for 100 percent of the
                cost of the test and data reporting.
                    ``(B) Costs.--The costs of a test conducted under
                this subsection--
                            ``(i) shall include reimbursement for
                        testing devices and associated supplies
                        approved for sale by the Food and Drug
                        Administration and used in compliance with
                        section 353 of the Public Health Service Act
                        (42 U.S.C. 263a); and
                            ``(ii) shall include reimbursement for
                        administering the tests and related services,
                        as determined appropriate by the State agency.
            ``(3) Head start.--This subsection shall apply to Head
        Start programs that include coverage, directly or indirectly,
        for infants and toddlers under the age of 3 years.''.
    (b) Head Start Programs.--Section 642(b) of the Head Start Act (42
U.S.C. 9837(b)) is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) in paragraph (11), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(12) with respect to an agency that elects to carry out a
        program under section 645A(h), comply with the requirements of
        such section in the case of each child eligible to participate
        in the Head Start program to be carried out by the agency.''.

SEC. 3. ASTHMA SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC
              SCHOOLS.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by adding at the end the following:

``SEC. 320B. ASTHMA SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN
              PUBLIC SCHOOLS.

    ``(a) Grants.--The Secretary shall award grants to eligible local
educational agencies to enable such agencies to carry out asthma health
screening and case management programs determined appropriate by the
Secretary in accordance with the program elements described in
subsection (d).
    ``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a local educational agency shall prepare and submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
    ``(c) Preference.--In awarding grants under this section, the
Secretary shall give preference to local educational agencies serving
schools that are located in areas with a high incidence of childhood
asthma or a high death rate associated with childhood asthma.
    ``(d) Program Elements.--Under an asthma program operated under a
grant under this section, a local educational agency shall--
            ``(1) determine whether a child enrolled in a school in
        which the program is in effect has received an asthma screening
        test using a test that is appropriate for age and risk factors
        on the enrollment of the child in the school;
            ``(2) in the case of a child who has not received an asthma
        screening test, ensure that the child receives such a test
        either by referral or by performing the test (under contract or
        otherwise); and
            ``(3) in the case of a child determined to have asthma,
        provide treatment or refer the child for treatment (including
        case management) and education in the management of asthma.
    ``(e) Reimbursement.--
            ``(1) Children enrolled in or eligible for medicaid.--
                    ``(A) In general.--With respect to a child who is
                eligible for or receiving medical assistance under a
                State plan under title XIX of the Social Security Act
                (42 U.S.C. 1396 et seq.) and who receives, or is
                provided, a test, treatment, or education, under a
                program established under subsection (a), the
                Secretary, notwithstanding any other provision of, or
                limitation under, such title XIX, including the payment
                limitation commonly known as the `free care rule',
                shall reimburse the local educational agency
                administering such program from funds that are made
                available under such title XIX for 100 percent of the
                cost of the performance, arrangement, or provision and
                data reporting.
                    ``(B) Costs.--The costs of a test conducted under
                this section shall include reimbursement for--
                            ``(i) testing devices and associated
                        supplies approved for sale by the Food and Drug
                        Administration and used in compliance with
                        section 353; and
                            ``(ii) administering the tests and related
                        services, as determined appropriate by the
                        State agency responsible for the administration
                        of title XIX of the Social Security Act (42
                        U.S.C. 1396 et seq.).
            ``(2) Children enrolled in or eligible for schip.--
                    ``(A) In general.--With respect to a child who is
                eligible for or receiving child health assistance under
                a State plan under title XXI of the Social Security Act
                (42 U.S.C. 1397aa et seq.) and who receives, or is
                provided, a test, treatment, or education under a
                program established under subsection (a), the
                Secretary, notwithstanding any other provision of, or
                limitation under, such title XXI, or any other
                provision of law (including the payment limitation
                under title XIX commonly known as the `free care rule'
                to the extent, if any, such limitation applies to the
                State children's health insurance program established
                under title XXI of that Act), shall reimburse the local
                educational agency administering such program from
                funds that are made available under such title XXI for
                100 percent of the cost of the performance,
                arrangement, or provision and data reporting.
                    ``(B) Costs.--The costs shall include the costs
                described in paragraph (1)(B).
    ``(f) Definitions.--In this section, the terms `local educational
agency', `elementary school', and `secondary school' have the meanings
given such terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
    ``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section with respect to a child, and any
data reporting with respect to the child, who is not eligible for
coverage under title XIX or XXI of the Social Security Act, or is not
otherwise covered under a health insurance plan, $15,000,000 for each
of fiscal years 2003 through 2008.
    ``(h) Evaluations.--Not later than 4 years after the date of
enactment of this section, the Secretary shall prepare and submit to
the appropriate committees of Congress a report containing data related
to whether grants provided under this section have ensured that
children at the highest risk for asthma are identified and treated.''.

SEC. 4. PAYMENTS FOR SCREENING AND TREATMENT PROVIDED TO CHILDREN
              ELIGIBLE UNDER MEDICAID OR SCHIP.

    (a) Medicaid.--Section 1903(c) of the Social Security Act (42
U.S.C. 1396b(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(2) Nothing in this title or any other provision of law,
including the payment limitation commonly known as the `free care
rule', shall be construed as prohibiting or restricting, or authorizing
the Secretary to prohibit or restrict, payment under subsection (a) for
medical assistance for covered services furnished to a child who is
eligible for or receiving medical assistance under the State plan and
who receives an asthma screening test, or is provided treatment or
education in disease management relating to asthma, through a public
elementary or secondary school, whether directly or indirectly, and
regardless of whether the school participates in a program established
under subsection (a) or (b) of section 1120B of the Elementary and
Secondary Education Act of 1965.''.
    (b) SCHIP.--Section 2105 of the Social Security Act (42 U.S.C.
1397ee) is amended by adding at the end the following:
    ``(g) Required Payment for Certain School-Based Services.--Nothing
in this title or any other provision of law (including the payment
limitation under title XIX commonly known as the `free care rule' to
the extent, if any, such limitation applies to the program established
under this title) shall be construed as prohibiting or restricting, or
authorizing the Secretary to prohibit or restrict, payment under
subsection (a) for child health assistance for covered services
furnished to a child who is eligible for or receiving such assistance
under the State child health plan and who receives an asthma screening
test that is available to children receiving assistance under the State
plan, or is provided treatment or education in disease management
relating to asthma through a public elementary or secondary school,
whether directly or indirectly, and regardless of whether the school
participates in a program established under subsection (a) or (b) of
section 1120B of the Elementary and Secondary Education Act of 1965.''.

SEC. 5. MODEL ASTHMA TREATMENTS CENTERS DEMONSTRATION PROGRAM.

    (a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall develop, in
conjunction with State medicaid programs under title XIX of the Social
Security Act, a demonstration program for model asthma treatment
centers. In developing the program, the Secretary shall base the
centers on the scientifically validated asthma treatment models
developed by the Inner City Asthma Program sponsored by the National
Institutes of Health. Such Program has successfully provided education,
screening, and treatment services to children with asthma while
improving health outcomes and lowering overall health care
expenditures.
    (b) Location.--In developing the demonstration program under this
section, the Secretary shall give priority to communities where the
prevalence of uncontrolled asthma is high.

Summary: Federal Asthma Assessment and State Tracking Act of 2002 - Amends the Head Start Act to authorize early Head Start and Head Start programs to carry out asthma screening programs. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to local educational agencies for asthma screening programs for public school children. Amends the Social Security Act to state that nothing under such Act or other law shall be construed as prohibiting or restricting Medicaid or school-based assistance for children receiving asthma screening tests. Requires the Secretary to develop, in conjunction with State medicaid programs under the Social Security Act, a demonstration program for model asthma treatment centers. Directs that the centers be based on the treatment models developed by the Inner City Asthma Program sponsored by the National Institutes of Health. Directs the Secretary to give priority in developing the program to communities where the prevalence of uncontrolled asthma is high.

To ensure that children at highest risk for asthma are identified and treated.


SECTION 1. PLACEMENT PROGRAMS FOR FEDERAL EMPLOYEES AFFECTED BY
              REDUCTION IN FORCE ACTIONS.

    (a) Short Title.--This Act may be cited as the ``Public Servant
Priority Placement Act of 1995''.
    (b) In General.--Subchapter I of chapter 33 of title 5, United
States Code, is amended by adding at the end thereof the following new
section:
``Sec. 3329b. Placement programs for Federal employees affected by
              reduction in force actions
    ``(a) For purposes of this section the term ``agency'' means an
``Executive agency'' as defined under section 105, except such term
shall not include the General Accounting Office.
    ``(b) No later than 180 days after the date of the enactment of
this section, the Director of the Office of Personnel Management shall
establish a Government-wide program and each agency shall establish an
agency program to facilitate employment placement for Federal employees
who--
            ``(1) are scheduled to be separated from service under a
        reduction in force under--
                    ``(A) regulations prescribed under section 3502; or
                    ``(B) procedures established under section 3595; or
            ``(2) are separated from service under such a reduction in
        force.
    ``(c) Each agency placement program established under subsection
(b) shall provide a system to require the offer of a vacant position in
an agency to an employee of such agency affected by a reduction in
force action, if--
            ``(1) the position cannot be filled within the agency;
            ``(2) the employee to whom the offer is made is qualified
        for the offered position;
            ``(3)(A) the classification of the offered position is
        equal to or no more than one grade below the classification of
        the employee's present or last held position; or
            ``(B)(i) the basic rate of pay of the offered position is
        equal to the basic rate of pay of the employee's present or
        last held position; or
            ``(ii) sections 5362 and 5363 apply to the basic rate of
        pay of the employee in the offered position; and
            ``(4) the geographic location of the offered position is
        within the commuting area of--
                    ``(A) the residence of the employee; or
                    ``(B) the location of the employee's present or
                last held position.
    ``(d) The Government-wide placement program established under
subsection (b) shall--
            ``(1) coordinate with programs established by agencies for
        the placement of agency employees affected by a reduction in
        force action within such agency; and
            ``(2) provide a system to require the offer of a vacant
        position in an agency to an employee of another agency affected
        by a reduction in force action, if--
                    ``(A) the vacant position cannot be filled through
                the placement program or otherwise be filled from
                within the agency in which the position is located;
                    ``(B) the employee to whom the offer is made is
                well qualified for the offered position;
                    ``(C)(i) the classification of the offered position
                is equal to the classification of the employee's
                present or last held position; or
                    ``(ii) the basic rate of pay of the offered
                position is equal to the basic rate of pay of the
                employee's present or last held position; and
                    ``(D) the geographic location of the offered
                position is within the commuting area of--
                            ``(i) the residence of the employee; or
                            ``(ii) the location of the employee's
                        present or last held position.
    ``(e)(1) The agency placement program established under this
section shall not affect any priority placement program of the
Department of Defense that is in operation on the date of the enactment
of this section.
    ``(2) The interagency placement program established under this
section shall not affect the priority of placement of any employee
under the agency placement program of such employee's employing
agency.''.
    (c) Technical and Conforming Amendments.--(1) The section heading
for the second section 3329 (relating to Government-wide list of vacant
positions) is amended to read as follows:
``Sec. 3329a. Government-wide list of vacant positions''.
    (2) The table of sections for chapter 33 of title 5, United States
Code, is amended by striking out the item relating to the second
section 3329 (relating to Government-wide list of vacant positions) and
inserting in lieu thereof the following:

``3329a. Government-wide list of vacant positions.
``3329b. Placement programs for Federal employees affected by reduction
                            in force actions.''.

Summary: Public Servant Priority Placement Act of 1995 - Amends Federal civil service law to require the Director of the Office of Personnel Management to establish a Government-wide priority placement program, and each Federal agency to establish a similar agency-wide program, for Federal employees affected by a reduction in force.


SECTION 1. SHORT TITLE.
    This Act may be cited as the ``North Korean Human Rights
Reauthorization Act of 2008''.
SEC. 2. FINDINGS.
     Congress finds the following:
        (1) The North Korean Human Rights Act of 2004 (Public Law 108-
    333; 22 U.S.C. 7801 et seq.) (in this section referred to as ``the
    Act'') was the product of broad, bipartisan consensus in Congress
    regarding the promotion of human rights, transparency in the
    delivery of humanitarian assistance, and refugee protection.
        (2) In addition to the longstanding commitment of the United
    States to refugee and human rights advocacy, the United States is
    home to the largest Korean population outside of northeast Asia,
    and many in the two-million strong Korean-American community have
    family ties to North Korea.
        (3) Human rights and humanitarian conditions inside North Korea
    are deplorable, North Korean refugees remain acutely vulnerable,
    and the findings in section 3 of the Act remain accurate today.
        (4) The Government of China is conducting an increasingly
    aggressive campaign to locate and forcibly return border-crossers
    to North Korea, where they routinely face torture and imprisonment,
    and sometimes execution. According to recent reports, the Chinese
    Government is shutting down Christian churches and imprisoning
    people who help North Korean defectors and has increased the bounty
    paid for turning in North Korean refugees.
        (5) In an attempt to deter escape attempts, the Government of
    North Korea has reportedly stepped up its public execution of
    border-crossers and those who help others cross into China.
        (6) In spite of the requirement of the Act that the Special
    Envoy on Human Rights in North Korea (the ``Special Envoy'') report
    to the Congress no later than April 16, 2005, a Special Envoy was
    not appointed until August 19, 2005, more than four months after
    the reporting deadline.
        (7) The Special Envoy appointed by the President has filled
    that position on a part-time basis only.
        (8) Since the passage of the North Korean Human Rights Act,
    Congress has on several occasions expressed interest in the status
    of North Korean refugees, and on February 21, 2006, a bipartisan
    group of senior Members of the House and Senate wrote Secretary of
    State Condoleezza Rice ``to express [their] deep concern for the
    lack of progress in funding and implementing the key provisions of
    the North Korean Human Rights Act'', particularly the lack of North
    Korean refugee admissions to the United States.
        (9) Although the United States refugee resettlement program
    remains the largest in the world by far, the United States has
    resettled only 37 North Koreans in the period from 2004 through
    2007.
        (10) From the end of 2004 through 2007, the Republic of Korea
    resettled 5,961 North Koreans.
        (11) Extensive delays in assessment and processing have led
    numerous North Korean refugees to abandon their quest for United
    States resettlement, and long waits (of more than a year in some
    cases) have been the source of considerable discouragement and
    frustration among refugees, many of whom are awaiting United States
    resettlement in circumstances that are unsafe and insecure.
        (12) From 2000 through 2006, the United States granted asylum
    to 15 North Koreans, as compared to 60 North Korean asylum grantees
    in the United Kingdom, and 135 in Germany during that same period.
SEC. 3. SENSE OF CONGRESS.
    It is the sense of Congress that--
        (1) the United States should continue to make it a priority to
    seek broader permission and greater cooperation from foreign
    governments to allow the United States to process North Korean
    refugees overseas for resettlement in the United States, through
    persistent diplomacy by senior officials of the United States,
    including United States ambassadors to Asia-Pacific nations;
        (2) at the same time that careful screening of intending
    refugees is important, the United States also should make every
    effort to ensure that its screening, processing, and resettlement
    of North Korean refugees are as efficient and expeditious as
    possible;
        (3) the Special Envoy for North Korean Human Rights Issues
    should be a full-time position within the Department of State in
    order to properly promote and coordinate North Korean human rights
    and humanitarian issues, and to participate in policy planning and
    implementation with respect to refugee issues, as intended by the
    North Korean Human Rights Act of 2004 (Public Law 108-333; 22
    U.S.C. 7801 et seq.);
        (4) in an effort to more efficiently and actively participate
    in humanitarian burden-sharing, the United States should approach
    our ally, the Republic of Korea, to revisit and explore new
    opportunities for coordinating efforts to screen and resettle North
    Koreans who have expressed a wish to pursue resettlement in the
    United States and have not yet availed themselves of any right to
    citizenship they may enjoy under the Constitution of the Republic
    of Korea; and
        (5) because there are genuine refugees among North Koreans
    fleeing into China who face severe punishments upon their forcible
    return, the United States should urge the Government of China to--
            (A) immediately halt its forcible repatriation of North
        Koreans;
            (B) fulfill its obligations pursuant to the 1951 United
        Nations Convention Relating to the Status of Refugees, the 1967
        Protocol Relating to the Status of Refugees, and the 1995
        Agreement on the Upgrading of the UNHCR Mission in the People's
        Republic of China to UNHCR Branch Office in the People's
        Republic of China; and
            (C) allow the United Nations High Commissioner for Refugees
        (UNHCR) unimpeded access to North Koreans inside China to
        determine whether they are refugees and whether they require
        assistance.
SEC. 4. DEFINITIONS.
     Section 5(1)(A) of the North Korean Human Rights Act of 2004
(Public Law 108-333; 22 U.S.C. 7803(1)(A)) is amended by striking
``International Relations'' and inserting ``Foreign Affairs''.
SEC. 5. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.
     Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7812(b)(1)) is amended by inserting after ``2008'' the
following: ``and $2,000,000 for each of fiscal years 2009 through
2012''.
SEC. 6. RADIO BROADCASTING TO NORTH KOREA.
     Not later than 120 days after the date of the enactment of this
Act, the Broadcasting Board of Governors (BBG) shall submit to the
appropriate congressional committees, as defined in section 5(1) of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report
that describes the status and content of current United States
broadcasting to North Korea and the extent to which the BBG has
achieved the goal of 12-hour-per-day broadcasting to North Korea
pursuant to section 103 of such Act (22 U.S.C. 7813).
SEC. 7. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.
     Section 104 of the North Korean Human Rights Act of 2004 (22
U.S.C. 7814) is amended--
        (1) in subsection (b)(1), by striking ``2008'' and inserting
    ``2012''; and
        (2) in subsection (c), by striking ``in each of the 3 years
    thereafter'' and inserting ``annually through 2012''.
SEC. 8. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES.
    Section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C.
7817) is amended--
        (1) in the section heading, by striking ``human rights in north
    korea'' and inserting ``north korean human rights issues'';
        (2) in subsection (a)--
            (A) in the first sentence--
                (i) by striking ``human rights in North Korea'' and
            inserting ``North Korean human rights issues''; and
                (ii) by inserting before the period at the end the
            following: ``, by and with the advice and consent of the
            Senate'';
            (B) in the second sentence, by inserting before the period
        at the end the following: ``who shall have the rank of
        ambassador and shall hold the office at the pleasure of the
        President'';
        (3) in subsection (b), by inserting before the period at the
    end the following: ``, including, in coordination with the Bureau
    of Population, Refugees, and Migration, the protection of those
    people who have fled as refugees'';
        (4) in subsection (c)--
            (A) by redesignating paragraphs (1) through (6) as
        paragraphs (2) through (7), respectively;
            (B) by inserting before paragraph (2), as so redesignated,
        the following new paragraph:
        ``(1) participate in the formulation and the implementation of
    activities carried out pursuant to this Act;''; and
            (C) in paragraph (5), as so redesignated, by striking
        ``section 102'' and inserting ``sections 102 and 104''; and
        (5) in subsection (d), by striking ``for the subsequent 5 year-
    period'' and inserting ``thereafter through 2012''.
SEC. 9. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.
     Section 201(a) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7831(a)) is amended, in the matter preceding paragraph (1), by
striking ``in each of the 2 years thereafter'' and inserting ``annually
thereafter through 2012''.
  SEC. 10. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA.
     Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7833(c)(1)) is amended by striking ``2008'' and inserting
``2012''.
  SEC. 11. ANNUAL REPORTS.
     Section 305(a) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7845(a)) is amended--
        (1) in the subsection heading, by inserting ``and Refugee''
    before ``Information'';
        (2) in the matter preceding paragraph (1)--
            (A) by striking ``for each of the following 5 years'' and
        inserting ``through 2012''; and
            (B) by striking ``which shall include--'' and inserting
        ``which shall include the following:'';
        (3) in paragraph (1)--
            (A) by striking ``the number of aliens'' and inserting
        ``The number of aliens''; and
            (B) by striking ``; and'' at the end and inserting a
        period;
        (4) in paragraph (2), by striking ``the number of aliens'' and
    inserting ``The number of aliens''; and
        (5) by adding at the end the following new paragraph:
        ``(3) A detailed description of the measures undertaken by the
    Secretary of State to carry out section 303, including country-
    specific information with respect to United States efforts to
    secure the cooperation and permission of the governments of
    countries in East and Southeast Asia to facilitate United States
    processing of North Koreans seeking protection as refugees. The
    information required under this paragraph shall be provided in
    unclassified form, with a classified annex, if necessary.''.

                               Speaker of the House of Representatives.

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

Summary: North Korean Human Rights Reauthorization Act of 2008 - Expresses the sense of Congress with respect to the resettlement of North Korean refugees. Amends the North Korean Human Rights Act of 2004 to authorize appropriations through FY2012 for: (1) activities to support human rights and democracy and freedom of information in North Korea. And (2) assistance to North Koreans who are outside North Korea. Directs the Broadcasting Board of Governors to report respecting US broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea. States that the Special Envoy on North Korean human rights issues in North Korea shall have the rank of ambassador. Extends the Special Envoy's annual congressional reporting requirement through FY2012. Extends the United States Agency for International Development's (USAID) congressional reporting requirement respecting US humanitarian assistance to North Koreans and efforts to improve transparency and monitoring in the provision of such assistance inside North Korea through 2012. Sets forth specified reporting provisions.

To amend the North Korean Human Rights Act of 2004 to promote respect for the fundamental human rights of the people of North Korea, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caring Family Act of 2003''.

SEC. 2. ADDITIONAL PERSONAL EXEMPTION FOR DEPENDENTS WITH LONG-TERM
              CARE NEEDS IN TAXPAYER'S HOME.

    (a) In General.--Section 151 of the Internal Revenue Code of 1986
(relating to allowance of deductions for personal exemptions) is
amended by redesignating subsections (d) and (e) as subsections (e) and
(f), respectively, and by inserting after subsection (c) the following
new subsection:
    ``(d) Additional Exemption for Dependents With Long-Term Care Needs
in Taxpayer's Home.--
            ``(1) In general.--An exemption of the applicable amount
        for each qualified family member of the taxpayer.
            ``(2) Applicable amount.--For purposes of paragraph (1),
        the applicable amount is the amount determined in accordance
        with the following table:

``For taxable years beginning                       The applicable
    in calendar year--                      applicable amount is--
    2003 and 2004.................................                $500
    2005 and 2006.................................               1,000
    2007 and 2008.................................               1,500
    2009 and 2010.................................               2,000
    2011 and 2012.................................               2,500
    2013 and thereafter...........................                   0.
            ``(3) Qualified family member.--For purposes of this
        subsection, the term `qualified family member' means, with
        respect to any taxable year, any individual--
                    ``(A) who is--
                            ``(i) the spouse of the taxpayer, or
                            ``(ii) a dependent of the taxpayer with
                        respect to whom the taxpayer is entitled to an
                        exemption under subsection (c),
                    ``(B) who has attained age 60 before the close of
                the taxable year,
                    ``(C) who is an individual with long-term care
                needs, and
                    ``(D) who, for more than one-half of the taxable
                year, has as such individual's principal place of abode
                the home of the taxpayer and is a member of the
                taxpayer's household.
            ``(4) Individuals with long-term care needs.--For purposes
        of this subsection, the term `individual with long-term care
        needs' means, with respect to any taxable year, an individual
        who has been certified during such year by a physician (as
        defined in section 1861(r)(1) of the Social Security Act) as
        being, for a period of at least 180 consecutive days which
        includes the date of the certification--
                    ``(A) an individual who is unable to perform
                (without substantial assistance from another
                individual) at least 2 activities of daily living (as
                defined in section 7702B(c)(2)(B)) due to a loss of
                functional capacity, or
                    ``(B) an individual who requires substantial
                supervision to protect such individual from threats to
                health and safety due to severe cognitive impairment
                and is unable to perform, without reminding or cuing
                assistance, at least 1 activity of daily living (as so
                defined) or to the extent provided in regulations
                prescribed by the Secretary (in consultation with the
                Secretary of Health and Human Services), is unable to
                engage in age appropriate activities.
            ``(5) Identification requirement.--
                    ``(A) In general.--No exemption shall be allowed
                under this subsection to a taxpayer with respect to any
                qualified family member unless the taxpayer includes on
                the return of tax for the taxable year--
                            ``(i) the name and TIN of such member, and
                            ``(ii) the name and TIN of the physician
                        certifying such member.
                    ``(B) Exception for due diligence.--In the case of
                a failure to provide the information required under
                subparagraph (A)(ii), such subparagraph shall not apply
                if it is shown that the taxpayer exercised due
                diligence in attempting to provide the information so
                required.
            ``(6) Special rules.--Rules similar to the rules of
        paragraphs (2), (3), and (4) of section 21(e) shall apply for
        purposes of this subsection.''.
    (b) Conforming Amendments.--
            (1) Section 1(f)(6)(A) of such Code is amended by striking
        ``151(d)(4)'' and inserting ``151(e)(4)''.
            (2) Section 1(f)(6)(B) of such Code, as amended by the
        Economic Growth and Tax Relief Reconciliation Act of 2001, is
        amended by striking ``151(d)(3)(A)'' and inserting
        ``151(e)(3)(A)''.
            (3) Section 1(f)(6)(B) of such Code, as in effect on the
        day before the date of the enactment of the Economic Growth and
        Tax Relief Reconciliation Act of 2001, is amended by striking
        ``151(d)(4)(A)'' and inserting ``151(e)(4)(A)''.
            (4) Section 3402(f)(1)(A) of such Code is amended by
        striking ``151(d)(2)'' and inserting ``151(e)(2)''.
            (5) Section 3402(r)(2)(B) of such Code is amended by
        striking ``151(d)'' and inserting ``151(e)''.
            (6) Section 6012(a)(1)(D)(ii) of such Code is amended--
                    (A) by striking ``151(d)'' and inserting
                ``151(e)'', and
                    (B) by striking ``151(d)(2)'' and inserting
                ``151(e)(2)''.
            (7) Section 6013(b)(3)(A) of such Code is amended by
        striking ``151(d)'' and inserting ``151(e)''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.

Summary: Caring Family Act of 2003 - Amends the Internal Revenue Code to allow an additional exemption for dependents, residing with the taxpayer, with long-term care needs who are over the age of 60.

To amend the Internal Revenue Code of 1986 to provide an additional personal exemption for certain dependents with long-term care needs.


SECTION 1. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS.

    Title VI of the Public Utility Regulatory Policies Act of 1978 is
amended by adding after section 604 the following new section:

``SEC. 605. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS FUND.

    ``(a) Purpose.--The purpose of this section is to provide for a
National Electric System Public Benefits Fund, administered by the
National Electric System Public Benefits Board, to provide matching
funds to States for the support of eligible public purpose programs.
    ``(b) Definitions.--For purposes of this section:
            ``(1) The term `Board' means the National Electric System
        Public Benefits Board established under this section.
            ``(2) The term `eligible public purpose program' means a
        program that supports--
                    ``(A) conservation and energy efficiency and
                renewable energy,
                    ``(B) universal and affordable service, or
                    ``(C) research and development that supports such
                purposes,
         and that is designated by the Board as eligible to receive
        funding under this section.
            ``(3) The term `matching funds' means an equal distribution
        of State funds and funds made available as provided in this
        section.
            ``(4) The `Secretary' means the Secretary of Energy.
            ``(5) The terms `State commission' and `transmitting
        utility' have the meanings provided for such terms by the
        Federal Power Act.
            ``(6) The term `renewable energy' means electricity
        generated from nontoxic organic waste, biomass, dedicated
        energy crops, landfill gas, geothermal, solar, tidal or wind
        resources, except that such term does not include electricity
        generated from the incineration of municipal solid waste.
            ``(7) The term `energy efficiency' means programs and
        measures designed to cost-effectively improve the efficiency of
        end-use electricity consumption, considering all costs of
        electricity generation, transmission, distribution, and
        consumption on a life-cycle basis. For purposes of this
        section, eligible energy efficiency programs and measures shall
        include efforts to transform markets in end-use equipment, to
        develop and implement codes and standards, to provide technical
        support and information to consumers, and to provide financing
        and financial support for the acquisition of efficient end use
        equipment.
            ``(9) A program that supports `universal and affordable
        service' is any program that promotes high quality and reliable
        electric service at just, reasonable, and affordable rates for
        low income consumers and those in rural, insular, or high cost
        areas.
    ``(c) National Electric System Public Benefits Board.--(1) A
National Electric System Public Benefits Board shall be established to
carry out the functions and responsibilities specified in this section.
    ``(2) The Board shall be composed of 3 persons who are officers or
employees of the United States, and 4 State commissioners nominated by
the national organization of the State commissions and appointed by the
Secretary. The Secretary shall appoint one member of the Board to serve
as Chairman.
    ``(3) Within 180 days after the enactment of this Act, the
Secretary shall promulgate a final rule containing the rules and
procedures of the Board, including the rules and procedures for
selecting a non-Federal fiscal agent under subsection (e). The
Secretary shall have oversight responsibilities over the Board.
    ``(d) Contributions.--Each owner or operator of an electric power
generation facility shall, as a condition of transmitting power to any
transmitting utility, contribute funds (based on the kilowatt hours
transmitted) in such amounts as shall be determined by the Board to be
necessary to generate revenues in each calendar year equal to \1/2\ of
the aggregate cost of carrying out the eligible public purpose programs
that meet the criteria established by the Board under subsection (e)
for receipt of funding for that calendar year. Such contributions shall
not exceed 2 mills per kilowatt hour. Each transmitting utility
receiving electricity from a generator shall collect such contributions
and transfer the contributions to the fiscal agent designated under
subsection (e) at the end of each month in which contributions are
made.
    ``(e) Public Benefits Program.--(1) Within 90 days after the
promulgation of the Secretary's rules under subsection (c)(3), the
Board shall institute a proceeding to establish regulations governing
creation and administration of a Public Benefits Program. Such
regulations shall include criteria for the eligibility of the State
public service programs for support under the Program. The Board shall
enter into arrangements with a non-Federal fiscal agent who shall be
authorized to receive the contributions made under subsection (d) and
to disburse such contributions as provided in subsection (f). The Board
shall prepare a recommended decision for prompt review and approval by
the Secretary.
    ``(2) Any State may establish one or more public purpose programs
and apply for matching funding for such program or programs under the
Public Benefits Program. A participating State may use matching funds
received under this section only to support one or more eligible public
purpose programs. The Board shall regularly audit the expenditures of
matching funds received by a participating State under this section.
    ``(3) At no time is a State required, pursuant to this section, to
participate in the Public Benefits program, nor may a State be required
by the Board to fund a particular eligible public purpose program.
    ``(f) National Electric System Public Benefits.--(1) The fiscal
agent shall distribute contributions received by the fiscal agent under
subsection (d) to States (or entities designated by the States) under
this subsection in accordance with the criteria established by the
Board under subsection (e) to carry out eligible public purpose
programs established by the States. A State seeking matching funds to
carry out eligible public purpose programs shall apply for such funds
no later than 3 months prior to the start of the calendar year. In its
application, the State must certify that the moneys will be used for
one or more eligible public purpose programs and must specify the
amount of State support which is projected for the coming calendar year
for the programs concerned.
    ``(2) Upon receipt of all State requests for matching funds
submitted pursuant to paragraph (1) within the 3-month time period
specified in paragraph (1), the Board shall calculate the funds
necessary to match the level of projected States funds for eligible
public purpose programs for the coming calendar year.
    ``(3) Following the calculation of the amount of matching funds
required under paragraph (2) for all States for any calendar year, the
Board shall communicate that amount to the fiscal agent. To the extent
the matching funds requested by all States for a calendar year exceed
the maximum projected revenues from the contributions under this
section, the matching funds distributed to each State shall be reduced
pro rata so that the percentage of State funds matched by funds
provided under this section is the same for all States.
    ``(4) The fiscal agent shall distribute matching funds to the
States (or to an entity or entities designated by the State to receive
payments) in monthly payments to be used for eligible public purpose
programs designated under subsection (f). All funds received shall be
used only for the eligible public purpose programs designated by the
State.
    ``(g) Existing Programs.--It is the sense of the Congress that the
program established under this section shall not replace or supersede
any other existing programs that support or encourage conservation and
energy efficiency, renewable energy, universal and affordable service,
or research and development.''.

Summary: Amends the Public Utility Regulatory Policies Act of 1978 to establish a National Electric System Public Benefits Fund, administered by the National Electric System Public Benefits Board to provide matching funds to States for the support of eligible public purpose programs. Confers oversight responsibility over the Board upon the Secretary of Energy. Requires each electric power generation facility owner or operator, as a condition of transmitting power to any transmitting utility, to contribute funds determined by the Board to be necessary to generate revenues in each calendar year equal to one-half of the aggregate cost of implementing certain public purpose programs. Requires the Board to institute a rulemaking proceeding governing creation and administration of a Public Benefits Program. Authorizes any State to establish one or more public purpose programs and apply for matching funds under the Public Benefits Program. Emphasizes State discretion to elect participation in such Program. Expresses the sense of the Congress that such Program shall not replace or supersede any other existing programs that support or encourage conservation and energy efficiency, renewable energy, universal and affordable service, or research and development.

To amend the Public Utility Regulatory Policies Act of 1978 to establish a means to support programs for electric energy conservation and energy efficiency, renewable energy, and universal and affordable service for electric consumers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Holocaust Survivors Assistance Act
of 2011''.

            TITLE I--PURPOSES; FINDINGS; DEFINITIONS; GRANTS

SEC. 101. PURPOSES.

    The purposes of this Act are--
            (1) to include ``older individuals who are Holocaust
        survivors'' to the list of groups that receive preference for
        services as defined in section 305(a)(2)(E) of the Older
        Americans Act of 1965,
            (2) to designate within the Administration on Aging an
        individual to have responsibility for older individuals who are
        Holocaust survivors, and
            (3) to create a grant program to increase and improve
        transportation services for older individuals with preference
        to those older individuals who are Holocaust survivors.

SEC. 102. FINDINGS.

    The Congress finds the following:
            (1) During the Holocaust, which took place between 1933 and
        1945, an estimated 6,000,000 Jews, as well as millions from
        other targeted groups, were murdered by the Nazis and their
        collaborators.
            (2) Approximately 127,000 Holocaust survivors remain in the
        United States, and thousands pass away each year.
            (3) Holocaust survivors are getting older and frailer, and
        will be seeking additional support and assistance from social
        service providers to enable them to age in place. Providers
        face increased levels of demand from vulnerable individuals
        without any additional revenue to cover needed services.
            (4) All Holocaust survivors are at least 65 years old with
        approximately three quarters of them older than 75 and a
        majority in their 80s and 90s.
            (5) More than half of all Holocaust survivors who emigrated
        to the United States from the former Soviet Union after 1965
        fall beneath 200 percent of the Federal poverty threshold and
        constitute an extremely vulnerable at-risk population in the
        United States.
            (6) Holocaust survivors continue to live with the mental
        and physical scars of the unconscionable trauma caused by the
        Holocaust.
            (7) While institutionalized settings are beneficial for
        some older people, long-term care facilities can have an
        adverse effect on Holocaust survivors. For many Holocaust
        survivors, institutionalized settings reintroduce sights,
        sounds, smells, emotions and routines which can induce panic,
        anxiety, and re-traumatization as a result of experiences
        resulting from the Holocaust.
            (8) Approximately two-thirds of Holocaust survivors live
        alone and living alone is a risk factor for
        institutionalization.
            (9) Low income Holocaust survivors are more reliant on
        social service programs than most other older Americans, with
        proportionally more Holocaust survivors needing services such
        as personal care, home-delivered and congregate meals,
        transportation, counseling and mental health support.

SEC. 103. DEFINITION.

    Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended by adding at the end the following:
            ``(55) The term `Holocaust survivor' means an individual
        who--
                    ``(A)(i) lived in a country between 1933 and 1945
                under a Nazi regime, under Nazi occupation, or under
                the control of Nazi collaborators; or
                    ``(ii) fled from a country between 1933 and 1945
                under a Nazi regime; under Nazi occupation, or under
                the control of Nazi collaborators;
                    ``(B) was persecuted between 1933 and 1945 on the
                basis of race, religion, physical or mental disability,
                sexual orientation, political affiliation, ethnicity,
                or other basis; and
                    ``(C) was a member of a group that was persecuted
                by the Nazis.''.

SEC. 104. ORGANIZATION.

    Section 305(a) of the Older Americans Act of 1965 (42 U.S.C.
3025(a)) is amended--
            (1) in paragraph (1)(E) by inserting ``older individuals
        who are Holocaust survivors,'' after ``proficiency,'' each
        place it appears, and
            (2) in paragraph (2)(E) by inserting ``older individuals
        who are Holocaust survivors,'' after ``proficiency,''.

SEC. 105. AREA PLANS.

    Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3025(a))
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by inserting ``older
                individuals who are Holocaust survivors,'' after
                ``proficiency,'' each place it appears,
                    (B) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)(I)(bb) by
                                inserting ``older individuals who are
                                Holocaust survivors,'' after
                                ``proficiency,'' and
                                    (II) in clause (ii) by inserting
                                ``older individuals who are Holocaust
                                survivors,'' after ``proficiency,''
                                each place it appears, and
                            (ii) in subparagraph (B)--
                                    (I) in subclause (VII) by striking
                                ``and'' at the end,
                                    (II) by redesignating subclause
                                (VIII) as subclause (IX), and
                                    (III) by inserting after subclause
                                (VIII) the following:
                                    ``(VIII) older individuals who are
                                Holocaust survivors; and'', and
                    (C) in paragraph (7)(B)(iii) by inserting ``, in
                particular, older individuals who are Holocaust
                survivors,'' after ``placement'', and
            (2) by inserting ``older individuals who are Holocaust
        survivors,'' after ``areas,''.

SEC. 106. STATE PLANS.

    Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended--
            (1) in paragraph (4) by inserting ``older individuals who
        are Holocaust survivors,'' after ``proficiency,'',
            (2) in paragraph (16)(A)--
                    (A) in clause (v) by striking ``and'' at the end,
                and
                    (B) by adding at the end the following:
                            ``(vii) older individuals who are Holocaust
                        survivors; and'', and
            (3) in paragraph (28)(A)(ii) by inserting ``older
        individuals who are Holocaust survivors,'' after
        ``proficiency,''.

SEC. 107. CONSUMER CONTRIBUTIONS.

    Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2)
is amended--
            (1) in subsection (c)(2) by inserting ``older individuals
        who are Holocaust survivors,'' after ``proficiency,'' and
            (2) in subsection (d) by inserting ``older individuals who
        are Holocaust survivors,'' after ``proficiency,''.

SEC. 108. PROGRAM AUTHORIZED.

    Section 372(c)(2)(A) of the Older Americans Act of 1965 (42 U.S.C.
3030s-2(c)(2)(A)) is amended by striking ``individuals)'' inserting
``individuals and older individuals who are Holocaust survivors)''.

SEC. 109. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.

    Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C.
3058i(b)(12)) is amended--
            (1) in subparagraph (B) by striking ``or'' at the end,
            (2) in subparagraph (C) by striking the period at the end
        and inserting ``or'', and
            (3) by adding at the end the following:
                    ``(D) older individuals who are Holocaust
                survivors.''.

               TITLE II--FUNCTIONS OF ASSISTANT SECRETARY

SEC. 201. ESTABLISHMENT OF ADMINISTRATION ON AGING.

    Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3012) is
amended by adding at the end the following:
    ``(g)(1) The Assistant Secretary is authorized to designate within
the Administration a person to have responsibility for older
individuals who are Holocaust survivors.
    ``(h) It shall be the duty of the Assistant Secretary, acting
through the person designated to have responsibility for older
individuals who are Holocaust survivors.''.

     TITLE III--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY

SEC. 301. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS
              WHO ARE HOLOCAUST SURVIVORS.

    Part A of title IV of the Older Americans Act of 1965 (42 U.S.C.
3032 et seq.) is amended by adding at the end the following:

``SEC. 423. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS
              WHO ARE HOLOCAUST SURVIVORS.

    ``(a) In General.--The Assistant Secretary shall award grants or
contracts to nonprofit organizations to improve and increase
transportation services for older individuals, with preference toward
those older individuals who are Holocaust survivors. The Assistant
Secretary shall make grants or enter into such contracts for period of
not less than 5 years.
    ``(b) Use of Funds.--
            ``(1) In general.--A nonprofit organization receiving a
        grant or contract under subsection (a) shall use the funds
        received through such grant or contract to carry out a
        demonstration project, or to provide technical assistance to
        assist local transit providers, area agencies on aging, senior
        centers, and local senior support groups, to encourage and
        facilitate coordination of Federal, State, and local
        transportation services and resources for older individuals who
        are Holocaust survivors. The organization may use the funds to
        develop and carry out an innovative transportation
        demonstration project to create transportation services for
        older individuals.
            ``(2) Specific activities.--In carrying out a demonstration
        project or providing technical assistance under paragraph (1)
        the organization may carry out activities that include--
                    ``(A) developing innovative approaches for
                improving access by older individuals to transportation
                services, including volunteer driver programs,
                economically sustainable transportation programs, and
                programs that allow older individuals to transfer their
                automobiles to a provider of transportation services in
                exchange for the services;
                    ``(B) preparing information on transportation
                options and resources for older individuals and
                organizations serving such individuals, and
                disseminating the information by establishing and
                operating a toll-free telephone number;
                    ``(C) developing models and best practices for
                providing comprehensive integrated transportation
                services for older individuals, including services
                administered by the Secretary of Transportation, by
                providing ongoing technical assistance to agencies
                providing services under title III and by assisting in
                coordination of public and community transportation
                services; and
                    ``(D) providing special services to link older
                individuals to transportation services not provided
                under title III.
    ``(c) Preference.--In awarding grants and entering into contracts
under paragraph (a), the Assistant Secretary shall give preference to
organizations and institutions that have previous extensive experience
working with and conducting assessment of the needs of Holocaust
survivors who are older individuals.
    ``(d) Consultation.--In determining the type of programs and
activities used to improve and increase transportation assistance for
Holocaust survivors, the Assistant Secretary shall consult with the
individual designated by Section 201(h)(1) of the Act and with national
organizations with special expertise in serving Holocaust survivors who
are older individuals.
    ``(e) Eligible Entities.--To be eligible to receive a grant or
enter into a contract under paragraph (a), an entity shall have
previous extensive experience working with and conducting assessment of
the needs of older individuals.
    ``(f) Report to Congress.--The Assistant Secretary with assistance
from the individual designated by Section 201 (h)(1) of the Act, shall
prepare and submit to the Speaker of the House of Representatives and
the President pro tempore of the Senate an annual report on the status
and needs, including the priority areas of concern, of older
individuals who are Holocaust survivors.''.

Summary: Holocaust Survivors Assistance Act of 2011 - Amends the Older Americans Act of 1965 to: (1) include specifically within its purview older Americans who are Holocaust survivors. (2) authorize the Assistant Secretary for Aging of the Department of Health and Human Services (HHS) to designate within the Administration of Aging an individual who is to have responsibility for such individuals. And (3) create a grant program to increase and improve transportation services for older Americans, with preference for Holocaust survivors.

To amend the Older Americans Act of 1965 to provide social service agencies with the resources to provide services to meet the unique needs of Holocaust survivors to age in place with dignity, comfort, security, and quality of life.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Protection Act
Amendments of 2002''.

SEC. 2. AMENDMENT REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to such section or other provision of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 3. TECHNICAL CORRECTIONS.

    (a) Committee References.--The Marine Mammal Protection Act of 1972
(16 U.S.C. 1361 et seq.) is amended by striking ``Committee on Merchant
Marine and Fisheries'' each place it appears and inserting ``Committee
on Resources''.
    (b) Obsolete Reference to Replaced Section.--Section
118(c)(3)(A)(i) (16 U.S.C. 1387(c)(3)(A)(i)) is amended by striking ``,
except that'' and all that follows through ``is valid''.

SEC. 4. LIMITED AUTHORITY TO EXPORT NATIVE HANDICRAFTS.

    Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is amended by
redesignating subparagraph (B) as subparagraph (C), and by inserting
after subparagraph (A) the following:
    ``(B) A marine mammal product may be exported from the United
States if the product--
                    ``(i) is legally possessed and exported as part of
                a cultural exchange, by an Indian, Aleut, or Eskimo
                residing in Alaska; or
                    ``(ii) is owned by a Native inhabitant of Russia,
                Canada, or Greenland and is exported for noncommercial
                purposes--
                            ``(I) in conjunction with, and upon the
                        completion of, travel within the United States;
                        or
                            ``(II) as part of a cultural exchange with
                        an Indian, Aleut, or Eskimo residing in
                        Alaska.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Department of Commerce.--Section 116(a) (16 U.S.C. 1384(a)) is
amended to read as follows:
    ``(a) Department of Commerce.--(1) There are authorized to be
appropriated to the Department of Commerce, for purposes of carrying
out its functions and responsibilities under this title (other than
sections 117 and 118) and title IV--
            ``(A) $16,615,000 for 2003;
            ``(B) $17,280,000 for 2004;
            ``(C) $17,971,000 for 2005;
            ``(D) $18,670,000 for 2006; and
            ``(E) $19,418,000 for 2007.
    ``(2) There are authorized to be appropriated to the Department of
Commerce, for purposes of carrying out sections 117 and 118,
$20,000,000 for each of the fiscal years 2003 through 2007.''.
    (b) Department of the Interior.--Section 116(b) (16 U.S.C. 1384(b))
is amended to read as follows:
    ``(b) Department of the Interior.--There are authorized to be
appropriated to the Department of the Interior, for purposes of
carrying out its functions and responsibilities under this title--
            ``(1) $11,800,000 for 2003;
            ``(2) $12,300,000 for 2004;
            ``(3) $12,800,000 for 2005;
            ``(4) $13,300,000 for 2006; and
            ``(5) $13,800,000 for 2007.''.

SEC. 6. TAKE REDUCTION PLANS.

    Section 118 (16 U.S.C. 1387) is amended--
            (1) in subsections (f)(4)(B) and (f)(5)(B), by inserting
        ``and recreational'' after ``commercial'';
            (2) in subsection (f)(6)(C) in the second sentence, by
        inserting before the period the following:
        ``, a representative of the office of General Counsel of the
        National Oceanic and Atmospheric Administration, a
        representative of the National Marine Fisheries Service having
        responsibilities related to fisheries science, a representative
        of the National Marine Fisheries Service having
        responsibilities related to law enforcement, and a
        representative of the appropriate National Marine Fisheries
        Service Regional Administrator'';
            (3) in subsection (f)(7)(B)(i) by adding at the end the
        following: ``Before publishing any plan that is different than
        the draft plan proposed by a take reduction team, the Secretary
        shall reconvene the team and explain to the team the
        differences between the published plan and the draft plan
        proposed by the team.''; and
            (4) in subsection (j) by inserting ``including observer,
        research, and education and outreach programs,'' after ``For
        purposes of carrying out this section,''.

SEC. 7. PINNIPED RESEARCH.

    Section 120 (16 U.S.C. 1389) is amended by adding at the end the
following:
    ``(k) Research on Nonlethal Removal and Control.--(1) The Secretary
shall conduct research on the nonlethal removal and control of nuisance
pinnipeds. The research shall include a review of measures that have
been taken to effect such removal and control, the effectiveness of
these measures, and the development of new technologies to deter
nuisance pinnipeds.
    ``(2) The Secretary shall include, among the individuals that
develop the research program under this subsection, representatives of
the commercial and recreational fishing industries.
    ``(3) The Secretary is encouraged, where appropriate, to use
independent marine mammal research institutions in developing and in
conducting the research program.
    ``(4) The Secretary shall, by December 31 of each year, submit an
annual report on the results of research under this subsection to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.''.

SEC. 8. MARINE MAMMAL COMMISSION.

    (a) Number of Employees.--Section 206(5) (16 U.S.C. 1406(5)) is
amended by striking ``; except that no fewer than 11 employees must be
employed under paragraph (1) at any time''.
    (b) Authorization of Appropriations.--Section 207 (16 U.S.C. 1407)
is amended to read as follows:

``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Marine Mammal
Commission for purposes of carrying out this title--
            ``(1) $2,000,000 for fiscal year 2003;
            ``(2) $2,050,000 for fiscal year 2004;
            ``(3) $2,100,000 for fiscal year 2005;
            ``(4) $2,150,000 for fiscal year 2006; and
            ``(5) $2,200,000 for fiscal year 2007.''.

SEC. 9. SCRIMSHAW EXEMPTION.

    Any valid certificate of exemption referred to in section 18 of
Public Law 103-238 (16 U.S.C. 1539 note) that was valid under that
section on April 29, 1999, shall be valid during the 8-year period
beginning October 31, 1999.

SEC. 10. EMERGENCY ASSISTANCE FOR SUBSISTENCE WHALE HUNTERS.

    Section 5 of the Whaling Convention Act of 1949 (16 U.S.C. 916c) is
amended by adding at the end the following:
    ``(c) The prohibitions of this section shall not apply to use of a
vessel to tow a whale taken in a traditional subsistence whale hunt
permitted by Federal law and conducted in waters off the coast of
Alaska, if such towing is performed upon a request for emergency
assistance made by a subsistence whale hunting organization formally
recognized by an agency of the United States Government, or made by a
member of such an organization, to prevent the loss of a whale.''.

SEC. 11. EXTENSION.

    Section 104(c)(5)(D) (16 U.S.C. 1374(c)(5)(D)) is amended by
striking ``the date of the enactment of the Marine Mammal Protection
Act Amendments of 1994'' and inserting ``February 18, 1997''.

SEC. 12. POLAR BEAR PERMITS.

    Section 104 (16 U.S.C. 1374) is amended--
            (1) in subsection (d)(2) by inserting before the period at
        the end of the first sentence the following: ``, except for an
        application for a permit to import polar bear parts under
        subsection (c)(5)'';
            (2) in subsection (d)(5) by inserting before the period at
        the end of the last sentence the following: ``if a notice of
        application was published pursuant to paragraph (2) with
        respect to the permit''; and
            (3) in subsection (c)(5) by adding at the end the
        following:
    ``(E) The Secretary shall make available to the public on a
semiannual basis information concerning the permits issued or denied
under this paragraph.''.

SEC. 13. CAPTIVE RELEASE PROHIBITION.

    Section 102(a) (16 U.S.C. 1372(a)) is amended--
            (1) in paragraph (4) by striking ``subsection 104(c); and''
        and inserting ``section 104(c);'';
            (2) in paragraph (5) by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(6) for any person that is subject to the jurisdiction of
        the United States to release any captive marine mammal unless
        specifically authorized to do so under section 104(c)(3)(A),
        104(c)(4)(A), or 109(h).''.

SEC. 14. MARINE MAMMAL COMMISSION ADMINISTRATION.

    Section 206(4) (16 U.S.C. 1406(4)) is amended by striking ``(but at
rates for individuals not to exceed $100 per diem)''.

Summary: Marine Mammal Protection Act Amendments of 2002 - Amends the Marine Mammal Protection Act of 1972 to grant limited permission for a marine mammal to be exported from the United States, including in cases where an Indian, Aleut or Eskimo residing in Alaska exports the animal as part of a cultural exchange. Requires reduction plans to track the number of animals from strategic stocks being incidentally lethally taken or seriously injured each year through recreational fishing , and to publish proposals for reducing such incidents within a stock under certain specified conditions. Requires research on the removal and control of nuisance pinnipeds, including on the development of new technologies to deter such creatures. Authorizes appropriations for the Marine Mammal Commission through FY 2007. Renews the Scrimshaw Exemption for the eight-year period beginning October 31, 1999. Permits emergency assistance to tow a whale captured in a legal traditional subsistence whale hunt off the coast of Alaska if a request for such assistance is made by a federally-recognized subsistence whale hunting organization or by a member of such an organization. Directs the Secretary of the Interior to issue a permit for importation of polar bear parts from bears taken in sport hunts in Canada before February 18, 1997 . Makes it unlawful for anyone under US jurisdiction to release any captive marine mammal unless authorized under specified provisions of the Code.

To reauthorize the Marine Mammal Protection Act of 1972, and for other purposes.