SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Debt Collection Act Amendments of
1993''.

SEC. 2. IMPROVED DEBT COLLECTION PRACTICES.

    (a) Use of Collection Agencies.--Section 3718(a) of title 31,
United States Code, is amended by striking ``Under conditions'' and all
that follows through ``make'' and inserting ``The head of an executive
or legislative agency shall make''.
    (b) Salary Offset.--Subsection (a)(1) of section 5514 of title 5,
United States Code, is amended by striking ``may be collected'' and
inserting ``shall be collected''.
    (c) Disclosure to Consumer Reporting Agencies.--Subsection (f)(1)
of section 3711 of title 31, United States Code, is amended by striking
``may disclose'' and inserting ``shall disclose''.
    (d) Administrative Offsets.--Subsection (a) of section 3716 of
title 31, United States Code, is amended by striking ``may'' the first
place it appears and inserting ``shall''.
    (e) Report to the Internal Revenue Service of Debts Paid in Full.--
Subchapter II of chapter 37 of title 31, United States Code, is amended
by adding at the end the following new section:
``Sec. 3720B. Report to the Internal Revenue Service of Debts Paid in
              Full
    ``The head of a Federal agency shall report any debt that has been
paid in full to the Internal Revenue Service promptly after the agency
has determined that the debt has been paid in full.''.
    (f) Disclosure by Internal Revenue Service of Address
Information.--Section 6103(m)(2)(A) of the Internal Revenue Code of
1986 is amended by inserting before the period ``, or any other law
granting a Federal agency the authority to collect or compromise a
Federal claim against the taxpayer.''.
    (g) Audits and Report of Audit.--
            (1) Audits of federal agencies.--The Comptroller General of
        the United States shall annually conduct audits of each Federal
        agency to determine--
                    (A) the amount of debt owed to the agency;
                    (B) the amount of debt owed to the agency that is
                delinquent; and
                    (C) any action taken by the agency to recover the
                delinquent debt.
            (2) Reports to congress.--The Comptroller General shall
        submit annually to the Congress a report containing the
        information obtained through the audits prepared pursuant to
        paragraph (1).
    (h) Extension of Pilot Debt Collection Project.--
            (1) Extension of pilot project.--Section 5 of Public Law
        99-578 (31 U.S.C. 3718 note) is repealed.
            (2) Additional reporting requirements.--Section 3718(c) of
        title 31, United States Code, is amended--
                    (A) in paragraph (2), by striking ``and'' at the
                end thereof; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (C), by striking the
                        period and adding at the end ``; and''; and
                            (ii) by adding after subparagraph (C) the
                        following new subparagraph:
                    ``(D) the total cost of the pilot program
                established by Public Law 99-578 (100 Stat. 3305) as
                well as the total amount of debt recovered under that
                pilot program.''.
            (3) Use of recovered funds to reduce budget deficit.--
        Section 3718 of title 31, United States Code, is amended by
        adding at the end the following new subsection:
    ``(g) Except as provided by subsection (d), any amount recovered
through a contract entered into under subsection (b) shall be used to
reduce the budget deficit of the United States.''.
        Notwithstanding the preceding sentence, a percentage (which is
        hereafter specified by law) of the amount recovered through
        such a contract shall be paid to the agency on whose behalf
        such amount was recovered for use by such agency in collecting
        indebtedness owed to such agency.

SEC. 3. IMPROVED LOAN ORIGINATION PROCEDURES.

    (a) Improved Prescreening Procedures.--
            (1) Chapter 97 of title 31, United States Code, is amended
        by adding at the end the following new section:
``Sec. 9704. Improved prescreening procedures
    ``The head of a Federal agency may not make a loan to a loan
applicant until the applicant has been prescreened to determine if the
applicant is creditworthy. The determination of creditworthiness shall
include an evaluation of the ability and willingness of the applicant
to repay the debt, the agency's level of acceptable risk, other agency
or Federal Government obligations that could jeopardize or be
jeopardized by the loan under consideration, and the existence of other
debts owed by the loan applicant to the Federal Government, including a
tax delinquent account with the Internal Revenue Service.''.
            (2) Section 6103(m)(2)(A) of the Internal Revenue Code of
        1986 is amended by striking ``the Secretary may'' and inserting
        ``the Secretary shall''.
    (b) Denial of Credit to Applicants With Delinquent Debts.--Chapter
97 of title 31, United States Code, as amended by subsection (a), is
further amended by adding at the end the following new section:
``Sec. 9705. Denial of credit to applicants with delinquent debts
    ``The head of a Federal agency may not make a loan to a loan
applicant who owes a delinquent debt to the Federal Government,
including the Internal Revenue Service.''.

SEC. 4. USE OF ADMINISTRATIVE CHARGES TO IMPROVE CREDIT MANAGEMENT
              TECHNIQUES.

    Section 3717 of title 31, United States Code, is amended by adding
at the end the following new subsection:
    ``(i) The Secretary shall deposit in a special fund any amounts
received by a Federal agency to cover the cost of processing and
handling delinquent claims under subsection (e). The Secretary shall,
without further appropriation and upon request by the agency, disburse
money from such fund to the agency solely for the use of improving
credit management techniques, except that the access of each agency to
funds in the special account shall be limited to the amount that the
agency received to cover the cost of processing and handling delinquent
claims under subsection (e).''.

SEC. 5. TECHNICAL AMENDMENTS.

    (a) Chapter 37 Amendments.--The table of sections at the beginning
of chapter 37 of title 31, United States Code, is amended by inserting
after the item relating to section 3720A the following new item:

``3720B. Report to the Internal Revenue Service of debts paid in
                            full.''.
    (b) Chapter 97 Amendments.--The table of sections at the beginning
of chapter 97 of title 31, United States Code, is amended by adding at
the end the following new items:

``9704. Improved prescreening procedures.
``9705. Denial of credit to applicants with delinquent debts.''.

Summary: Debt Collection Act Amendments of 1993 - Amends Federal law to require the head of an executive or legislative agency to: (1) contract with a collection service to recover indebtedness owed to the United States, (2) collect such indebtedness from Federal employees in installment deductions. (3) disclose certain information to a consumer reporting agency when trying to collect a claim. And (4) collect such a claim by administrative offset. Requires the head of a Federal agency to report promptly to the Internal Revenue Service (IRS) any debt that has been paid in full. Amends the Internal Revenue Code to allow the IRS to disclose address information in accordance with any law granting a Federal claim against a taxpayer. Directs the Comptroller General to report to the Congress after annual audits of each Federal agency on: (1) the amount of debt owed to the agency, (2) the amount that is delinquent. And (3) action taken by the agency to recover such debt. Repeals the termination date of the pilot debt collection project of the Department of Justice. Requires the Attorney General to include in the annual report to the Congress on activities to recover indebtedness the total cost of the pilot project and the total amount of debt recovered under it. Requires that recovered funds be used to reduce the Federal deficit. Requires a percentage of recovered funds to be used by the agency in collecting indebtedness. Prohibits the head of a Federal agency from making a loan until the loan applicant has been prescreened to determine creditworthiness. Requires the IRS to disclose address information to a Federal agency for use in collecting a claim. Prohibits the head of a Federal agency from making a loan to a loan applicant who owes a delinquent debt to the Federal Government, including the IRS. Allows the use of administrative charges by the Secretary of the Treasury for improving credit management techniques.

Debt Collection Act Amendments of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Provide Access and Retain Continuity
Act'' or the ``PARC Act''.

SEC. 2. AGREEMENTS FOR CONTINUED OPERATION OF CERTAIN FACILITIES AND
              PROGRAMS.

    (a) In General.--As soon as practical after the date of the
enactment of this Act, the Secretary of the Interior (hereafter in this
Act referred to as the ``Secretary'') shall enter into agreements with
States that submit an agreement that is approved under subsection (c)
or (f) to provide for those States to conduct activities described in
section 3. Not later than 90 days after funds are made available to the
Secretary, the Secretary shall reimburse States for eligible activities
conducted by that State under an agreement entered into under this Act.
    (b) Petition for Agreement.--Beginning 30 days after the date of
the enactment of this Act, a State may submit to the Secretary a
petition to enter into an agreement with the Secretary for purposes of
conducting activities described in section 3.
    (c) Determination.--The Secretary shall approve or deny a petition
(including a corrected petition that is resubmitted) submitted under
this section not later than 90 days after the date on which the
Secretary receives the petition.
    (d) Denial of Petition.--The Secretary shall approve a petition
submitted under subsection (b) if the Secretary determines that--
            (1) the petition is complete;
            (2) the proposed agreement submitted with the petition
        contains all of the terms required under subsection (g); or
            (3) the petition is from a State that had a previous
        agreement terminated and the Secretary determines that the
        reasons for that termination warrant denial of the new (or
        corrected) petition.
    (e) Opportunity To Amend Petition.--
            (1) Notice of denial.--If the Secretary denies a petition
        under subsection (b), the Secretary shall provide to the State
        that submitted such petition written notice of the denial. Such
        written notice shall include--
                    (A) a clear and comprehensive statement of the
                reasons why the petition was denied; and
                    (B) a clear and comprehensive description of any
                deficiencies in the petition or the related proposed
                agreement.
            (2) Resubmission of corrected petition.--After receiving a
        notice from the Secretary under paragraph (1), a State may
        amend and resubmit the denied petition.
    (f) Petition and Agreement Deemed Approved.--If the Secretary does
not approve or deny a petition submitted under subsection (b) or (e)(2)
within 90 days after receiving the petition, the petition and the
proposed agreement submitted with the petition shall be deemed
approved.
    (g) Petition Contents.--A petition submitted under subsection (b)
shall include--
            (1) a letter signed by the Governor of the State submitting
        such petition addressed to the Secretary that contains a
        description of the eligible activities that the State seeks to
        conduct;
            (2) the proposed agreement that is the subject of the
        petition;
            (3) documentation that demonstrates the ability of the
        State to conduct the eligible activities;
            (4) a statement that the State shall indemnify and hold the
        United States harmless for any action of negligence or gross
        negligence on the part of the State while conducting an
        eligible activity; and
            (5) any other documentation that the Secretary may require.

SEC. 3. ACTIVITIES ELIGIBLE FOR REIMBURSEMENT.

    The Secretary of the Interior shall reimburse States for non-
Federal funds expended for activities that meet all of the following
criteria:
            (1) The activity was conducted under a memorandum of
        understanding entered into under section 2.
            (2) The activity was conducted during a time when the
        Federal Government was not conducting that activity due to the
        partial shutdown of the Federal Government that was the result
        of a lapse in appropriations.
            (3) The activity was necessary to operate one or more
        facilities or programs that the Secretary and the State have
        agreed, under the memorandum of understanding entered into
        under section 2, to have a direct economic impact on tourism,
        mining, timber, or general transportation in the State.
            (4) The activity was conducted in a manner and at a level
        not substantially greater in scope or cost than how the
        activity would have been conducted by the Federal Government.
            (5) The activity is not a settlement of or defense against
        a claim of liability on the part of the State.

SEC. 4. WAIVER OF SOVEREIGN IMMUNITY.

    If any State brings an action in any court of the United States or
any State court relating only and directly to enforcement of section 3
and names the United States as a party, any claim by the United States
to sovereign immunity from the action is waived, but only for the
limited and sole purpose of reimbursement to a State for non-Federal
funds expended by or on behalf of that State for activities that meet
all of the criteria listed in section 3.

Summary: Provide Access and Retain Continuity Act or the PARC Act - Directs the Secretary of the Interior to enter into agreements with, and provide reimbursement to, states to conduct activities determined to have a direct economic impact on tourism, mining, timber, or general transportation in the state that are otherwise not being conducted by the federal government during a partial shutdown of the federal government due to a lapse in appropriations. Requires the Secretary to approve or deny a petition for such an agreement not later than 90 days after receiving it and deems such petition approved if the Secretary does not act on it within the 90-day period.

PARC Act


SECTION 1. SCHOOL CONSTRUCTION FUNDS FOR CERTAIN LOCAL EDUCATIONAL
              AGENCIES.

    Title XII of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8501 et seq.) is amended--
            (1) by inserting after the title heading the following:

           ``PART A--EDUCATION INFRASTRUCTURE ACT OF 1994'';

            (2) by striking ``title'' each place such term appears and
        inserting ``part''; and
            (3) by adding at the end the following:

``PART B--SCHOOL CONSTRUCTION FUNDS FOR LOCAL EDUCATIONAL AGENCIES THAT
   HAVE MADE IMPROVEMENTS IN TEACHER QUALITY AND STUDENT ACHIEVEMENT

``SEC. 12020. PURPOSE.

    ``The purpose of the part is to award grants for school
construction to local educational agencies that have taken steps to
improve teacher quality and raise student achievement.

``SEC. 12021. PROGRAM AUTHORIZED.

    ``The Secretary is authorized to award grants to local educational
agencies that satisfy the conditions in section 12022 to enable such
agencies to carry out school construction.

``SEC. 12022. CONDITIONS FOR RECEIVING FUNDS.

    ``(a) In General.--In order to receive a grant under this part, a
local educational agency shall have submitted to the Secretary (at such
time and in such manner as the Secretary may require) an application
establishing the following:
            ``(1) The percentage of children eligible for free and
        reduced priced lunches under the National School Lunch Act
        under the jurisdiction of the agency equals or exceeds 65
        percent.
            ``(2) It has taken significant steps to ensure that all
        students are taught by fully qualified teachers.
            ``(3) It does not use teachers certified on an emergency
        basis.
            ``(4) It does not use social promotion.
            ``(5) All students in grades kindergarten through grade 12
        under its jurisdiction are subject to State achievement
        standards in the core curriculum at key transition points, as
        determined by the State.
            ``(6) It uses tests and other indicators, such as grades
        and teacher evaluations, to assess student performance in
        meeting the State achievement standards, which tests are valid
        for the purpose of such assessment.
    ``(b) Plan.--In order to receive a grant under this part, a local
educational agency shall include in the application submitted under
subsection (a)--
            ``(1) a plan for ensuring that all students are taught by
        fully qualified teachers; and
            ``(2) an assurance that the agency will provide annual
        reports to the Secretary quantifying progress toward achieving
        that end.

``SEC. 12023. DEFINITIONS.

    ``For purposes of this part:
            ``(1) Construction.--The term `construction' means--
                    ``(A) preparation of drawings and specifications
                for school facilities;
                    ``(B) building new school facilities, or acquiring,
                remodeling, demolishing, renovating, improving, or
                repairing facilities; or
                    ``(C) inspection of work described in subparagraph
                (B).
            ``(2) Fully qualified teacher.--The term `fully qualified
        teacher' means--
                    ``(A) when used with respect to a public elementary
                or secondary school teacher means that the teacher
                holds a valid State teaching certificate or license for
                the grade level at which he or she provides
                instruction; and
                    ``(B) when used with respect to--
                            ``(i) an elementary school teacher, means
                        that the teacher holds at least a bachelor's
                        degree and has demonstrated the knowledge and
                        teaching skills needed to teach effectively in
                        the areas of reading writing, mathematics,
                        science and other areas of the elementary
                        school curriculum; or
                            ``(ii) a middle or secondary school
                        teacher, means that the teacher holds at least
                        a bachelors degree and has demonstrated
                        proficiency in all subject areas in which he or
                        she provides instruction through--
                                    ``(I) a high level of performance
                                on a rigorous and formal State
                                assessment of content area knowledge;
                                or
                                    ``(II) completion of at least an
                                undergraduate major in each of the
                                academic subject areas in which he or
                                she provides instruction.
            ``(3) School facility.--The term `school facility' means a
        public structure suitable for use as a classroom, laboratory,
        library, media center, or related facility the primary purpose
        of which is the instruction of public elementary school or
        secondary school students.

``SEC. 12024. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part
$1,000,000,000 for fiscal year 2002 and each of the 5 succeeding fiscal
years.''.

Summary: Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants for school construction to local educational agencies that have taken steps to improve teacher quality and student achievement.

To amend the Elementary and Secondary Education Act of 1965 to authorize school construction funds for local educational agencies that have made improvements in teacher quality and student achievement.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Direct Check for Education Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) education should be a national priority but must remain
        a local responsibility;
            (2) the Federal Government's regulations and involvement
        often creates barriers and obstacles to local creativity and
        reform;
            (3) parents, teachers, and local school districts must be
        allowed and empowered to set local education priorities; and
            (4) schools and education professionals must be accountable
        to the people and children served.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Local educational agency.--The term ``local educational
        agency'' has the meaning given the term in section 14101 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        8801).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
            (3) State.--The term ``State'' means each of the several
        States of the United States, the District of Columbia, the
        Commonwealth of Puerto Rico, Guam, American Samoa, the
        Commonwealth of the Northern Mariana Islands, the United States
        Virgin Islands, the Republic of the Marshall Islands, the
        Federated States of Micronesia, and the Republic of Palau.

SEC. 4. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES.

    (a) Direct Awards.--From amounts appropriated under subsection (b)
and not used to carry out subsection (c), the Secretary shall make
direct awards to local educational agencies in amounts determined under
subsection (e) to enable the local educational agencies to support
programs or activities, for kindergarten through grade 12 students,
that the local educational agencies deem appropriate.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act $3,500,000,000 for each of the
fiscal years 2000 and 2001, $4,000,000,000 for each of the fiscal years
2002 and 2003, and $5,000,000,000 for fiscal year 2004.
    (c) Multiyear Awards.--The Secretary shall use funds appropriated
under subsection (b) for each fiscal year to continue to make payments
to eligible recipients pursuant to any multiyear award made prior to
the date of enactment of this Act under the provisions of law repealed
under subsection (d). The payments shall be made for the duration of
the multiyear award.
    (d) Repeals.--The following provisions of law are repealed:
            (1) The Goals 2000: Educate America Act (20 U.S.C. 5801 et
        seq.).
            (2) Section 307 of the Department of Education
        Appropriations Act, 1999.
            (3) Title III of the Elementary and Secondary Education Act
        of 1965 (20 U.S.C. 6801 et seq.).
            (4) Part B of title VI of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7331 et seq.).
            (5) Part A of title X of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 8001 et seq.).
            (6) The School-to-Work Opportunities Act of 1994 (20 U.S.C.
        6101 et seq.).
    (e) Determination of Amount.--
            (1) Per child amount.--The Secretary, using the information
        provided under subsection (f), shall determine a per child
        amount for a year by dividing the total amount appropriated
        under subsection (b) for the year, by the average daily
        attendance of kindergarten through grade 12 students in all
        States for the preceding year.
            (2) Local educational agency award.--The Secretary, using
        the information provided under subsection (f), shall determine
        the amount provided to each local educational agency under this
        section for a year by multiplying--
                    (A) the per child amount determined under paragraph
                (1) for the year; by
                    (B) the average daily attendance of kindergarten
                through grade 12 students that are served by the local
                educational agency for the preceding year.
    (f) Census Determination.--
            (1) In general.--Each local educational agency shall
        conduct a census to determine the average daily attendance of
        kindergarten through grade 12 students served by the local
        educational agency not later than December 1 of each year.
            (2) Submission.--Each local educational agency shall submit
        the number described in paragraph (1) to the Secretary not
        later than March 1 of each year.
    (g) Penalty.--If the Secretary determines that a local educational
agency has knowingly submitted false information under subsection (f)
for the purpose of gaining additional funds under this section, then
the local educational agency shall be fined an amount equal to twice
the difference between the amount the local educational agency received
under this section, and the correct amount the local educational agency
would have received under this section if the agency had submitted
accurate information under subsection (f).
    (h) Disbursal.--The Secretary shall disburse the amount awarded to
a local educational agency under this Act for a fiscal year not later
than July 1 of each year.

SEC. 5. AUDIT.

    (a) In General.--The Secretary may conduct audits of the
expenditures of local educational agencies under this Act to ensure
that the funds made available under this Act are used in accordance
with this Act.
    (b) Sanctions and Penalties.--If the Secretary determines that the
funds made available under section 4 were not used in accordance with
section 4(a), the Secretary may use the enforcement provisions
available to the Secretary under part D of the General Education
Provisions Act (20 U.S.C. 1234 et seq.).

Summary: Direct Check for Education Act - Authorizes the Secretary of Education to make direct awards to local educational agencies (LEAs) to support programs or activities, that the LEA deems appropriate, for students in kindergarten through grade 12. Authorizes appropriations. Directs the Secretary to use funds under this Act to continue to make payments to eligible recipients pursuant to, and for the duration of, any multiyear award made prior to enactment of this Act. Repeals the Goals 2000: Educate America Act. Repeals certain provisions of the Department of Education Appropriations Act, 1999 which vested in the National Assessment Governing Board exclusive authority for developing voluntary national tests pursuant to a specified contract. Repeals the following programs under the Elementary and Secondary Education Act of 1965: (1) the Technology for Education program, including national programs, State and local programs for school technology resources, Star Schools, Ready-to-Learn Television, telecommunications demonstration project for mathematics, elementary mathematics and science equipment, and elementary and secondary school library media resources, (2) the State programs component of Innovative Education Program Strategies. And (3) the Fund for the Improvement of Education. Repeals the School-to-Work Opportunities Act of 1994. Directs the Secretary to determine a per-child amount to be awarded to each LEA. Authorizes the Secretary to conduct audits of LEA expenditures under this Act and to enforce certain sanctions and penalties if such funds are not used in accordance with this Act.

Direct Check for Education Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Protections for the Injured
from Limitations on Liability Act''.

SEC. 2. IMPROVEMENTS TO RECOVERY UNDER DEATH ON THE HIGH SEAS ACT.

    The Death on the High Seas Act (chapter 303 of title 46, United
States Code), is amended--
            (1) in section 30302--
                    (A) by inserting ``or law'' after ``admiralty'';
                and
                    (B) by inserting before ``spouse'' the following:
                ``survivors, including'';
            (2) in section 30303--
                    (A) by inserting ``and nonpecuniary loss'' after
                ``pecuniary loss'';
                    (B) by striking ``by'' and all that follows through
                the end, and inserting ``, plus a fair compensation for
                the decedent's pain and suffering.''; and
                    (C) by adding at the end the following: ``In this
                section, the term `nonpecuniary loss' means loss of
                care, comfort, and companionship.'';
            (3) in section 30305 by inserting ``or law'' after
        ``admiralty'';
            (4) in section 30306, by inserting ``or law'' after
        ``admiralty'';
            (5) by striking section 30307; and
            (6) in the table of sections at the beginning of such
        chapter, by striking the item relating to sections 30307.

SEC. 3. IMPROVEMENTS TO RECOVERY UNDER JONES ACT.

    Title 46, United States Code, is amended--
            (1) in section 30104, by adding at the end the following:
        ``In addition to other amounts authorized under such laws, the
        recovery for a seaman who so dies shall include recovery for
        loss of care, comfort, and companionship.''; and
            (2) by striking section 30105 and the item relating to that
        section in the table of sections at the beginning of chapter
        301.

SEC. 4. REPEAL OF LIMITATION OF LIABILITY ACT.

    (a) Repeal.--Chapter 305 of title 46, United States Code, is
amended by repealing sections 30505, 30506, 30507, 30511, and 30512 and
the items relating to those sections in the table of sections at the
beginning of chapter 305.
    (b) Conforming Amendments.--
            (1) Oil pollution act of 1990.--Section 1018 of the Oil
        Pollution Act of 1990 (33 U.S.C. 2718) is amended--
                    (A) in subsection (a), by striking ``or the Act of
                March 3, 1851''; and
                    (B) in subsection (c), by striking ``, the Act of
                March 3, 1851 (46 U.S.C. 183 et seq.),''.
            (2) Title 46.--Section 14305(a) of title 46, United States
        Code, is amended by striking paragraph (5) and redesignating
        the subsequent paragraphs as paragraphs (5) through (14),
        respectively.

SEC. 5. BANKRUPTCY PROTECTION FOR TORT CLAIMS ARISING FROM OIL
              INCIDENTS.

    (a) Conditions on Sale or Lease of Significant Property of the
Estate.--
            (1) In general.--Section 363 of title 11, United States
        Code, is amended by adding at the end the following:
    ``(q) Notwithstanding any other provision of this section, if the
debtor is liable under any law for a claim for wrongful death, personal
injury, or property damage arising from an incident (as defined in
section 1001 of the Oil Pollution Act of 1990, and that gives rise to
liability under such Act), the trustee may not sell or lease, other
than in the ordinary course of business, significant property of the
estate (or, to the extent that the court has jurisdiction over any
affiliate of the debtor, significant property of such affiliate)
unless--
            ``(1) creditors holding at least two-thirds in amount, and
        more than one-half in number, of all such claims not paid by
        the debtor consent to such sale or lease; or
            ``(2) the court finds, after notice and a hearing, that--
                    ``(A) sufficient property will remain in the
                estate; or
                    ``(B) the debtor's anticipated future income will
                be sufficient;
        that all such claims will be paid in full.''.
            (2)  Under plan of reorganization.--Section
        1129(b)(2)(B)(ii) of title 11, United States Code, is amended--
                    (A) by inserting ``(other than the holder of a
                claim described in subclause (II))'' after ``claim''
                the 1st place it appears;
                    (B) by inserting ``(I)'' after ``(ii)'';
                    (C) by striking the period at the end and inserting
                ``; and''; and
                    (D) by adding at the end the following:
                    ``(II) if the plan provides for claims of the kind
                described in section 363(q) and provides for a sale or
                lease of significant property of the estate, creditors
                holding at least two-thirds in amount, and more than
                one-half in number, of such claims consent to such sale
                or lease.''.
    (b) Conforming Amendment.--Section 303(f) of title 11, United
States Code, is amended by adding at the end the following:
``If the debtor is liable under any law for a claim for wrongful death,
personal injury, or property damage arising from an incident (as
defined in section 1001 of the Oil Pollution Act of 1990, and that
gives rise to liability under such Act), the debtor may not sell or
lease, other than in the ordinary course of business, significant
property of the estate (or, to the extent that the court has or can
obtain jurisdiction over any affiliate of the debtor, significant
property of such affiliate) unless--
            ``(1) creditors holding at least two-thirds in amount, and
        more than one-half in number, of all such claims not paid by
        the debtor consent to such sale or lease; or
            ``(2) the court finds, after notice and a hearing, that--
                    ``(A) sufficient property will remain in the
                estate; or
                    ``(B) the debtor's anticipated future income will
                be sufficient;
        that all such claims will be paid in full.''.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on
the date of enactment of this Act and shall apply with respect to
claims arising on or after April 20, 2010, that are pending on or after
such date of enactment.

            Passed the House of Representatives July 1, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Securing Protections for the Injured from Limitations on Liability Act - Amends the Death on the High Seas Act to permit the personal representative of a decedent to bring a civil action in admiralty or law against the person or vessel responsible for the decedent's death when the death was caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States. Limits the right to bring such an action to the decedent's survivors only . Allows recovery in such an action for fair compensation for nonpecuniary loss , plus a fair compensation for the decedent's pain and suffering. Defines nonpecuniary loss as loss of care, comfort, and companionship. Amends the Jones Act to allow recovery for the loss of the care, comfort, and companionship of a seaman who died in the course of employment. Removes restrictions on the bringing of actions under US maritime law by workers who are not US citizens or permanent residents against a mineral or energy company for personal injury or death occurring in the territorial waters or continental shelf of a foreign country. Repeals specified general limitations on a shipowner's liability for personal injury or death on seagoing vessels. Amends the bankruptcy code to prohibit a trustee in bankruptcy from selling or leasing, except in the ordinary course of business, significant property of the estate of a debtor liable for a claim for wrongful death, personal injury, or property damage arising from an incident under the Oil Pollution Act of 1990 unless: (1) more than one-half of the creditors, holding at least two-thirds the dollar aggregate amount of the claims not paid by the debtor, consent to such sale or lease. Or (2) the court finds, after notice and a hearing, that all such claims will be paid because sufficient property will remain in the estate or the debtor's anticipated future income will be sufficient.

To revise laws regarding liability in certain civil actions arising from maritime incidents, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Insurance Affordability and
Equity Act of 2001''.

SEC. 2. CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED
              INDIVIDUALS.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:

``SEC. 25B. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS.

    ``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the amount paid during the taxable year
for coverage for the taxpayer, his spouse, and dependents under
qualified health insurance.
    ``(b) Limitations.--
            ``(1) In general.--The amount allowed as a credit under
        subsection (a) to the taxpayer for the taxable year shall not
        exceed the sum of the monthly limitations for eligible coverage
        months during such taxable year for each individual referred to
        in subsection (a).
            ``(2) Monthly limitation.--
                    ``(A) In general.--The monthly limitation for an
                individual for each eligible coverage month of such
                individual during the taxable year is the amount equal
                to \1/12\ of $1,500.
                    ``(B) Limitation to 2 individuals.--Not more than 2
                individuals may be taken into account by the taxpayer
                under this subsection.
                    ``(C) Special rule for married individuals.--In the
                case of an individual--
                            ``(i) who is married (within the meaning of
                        section 7703) as of the close of the taxable
                        year but does not file a joint return for such
                        year, and
                            ``(ii) who does not live apart from such
                        individual's spouse at all times during the
                        taxable year,
                only such individual may be taken into account under
                this subsection.
            ``(3) Eligible coverage month.--For purposes of this
        subsection, the term `eligible coverage month' means, with
        respect to an individual, any month if--
                    ``(A) as of the first day of such month such
                individual is covered by qualified health insurance the
                premium for which was paid by the taxpayer, and
                    ``(B) there was at least a 12-month period
                beginning after December 31, 2001, and ending before
                such month throughout which the individual--
                            ``(i) was not covered by qualified health
                        insurance, and
                            ``(ii) was not eligible to participate in
                        any employer-provided group health plan.
    ``(c) Limitation Based on Adjusted Gross Income.--
            ``(1) In general.--The aggregate amount which would (but
        for this subsection) be allowed as a credit under this section
        shall be reduced (but not below zero) by the amount determined
        under paragraph (2).
            ``(2) Amount of reduction.--
                    ``(A) In general.--The amount determined under this
                paragraph shall be the amount which bears the same
                ratio to such aggregate amount as--
                            ``(i) the excess of--
                                    ``(I) the taxpayer's modified
                                adjusted gross income for such taxable
                                year, over
                                    ``(II) the applicable dollar
                                amount, bears to
                            ``(ii) $10,000.
                    ``(B) Modified adjusted gross income.--For purposes
                of this paragraph, the term `modified adjusted gross
                income' means adjusted gross income increased by any
                amount excluded from gross income under section 911,
                931, or 933.
                    ``(C) Rounding.--Any amount determined under
                subparagraph (A) which is not a multiple of $10 shall
                be rounded to the next lowest $10.
            ``(3) Applicable dollar amount.--For purposes of paragraph
        (2), the term `applicable dollar amount' means--
                    ``(A) $60,000 in the case of a taxpayer whose
                qualified health insurance coverage covers more than 1
                individual referred to in subsection (a), and
                    ``(B) $30,000--
                            ``(i) in any case not described in
                        subparagraph (A), and
                            ``(ii) in the case of a married individual
                        filing a separate return.
        For purposes of this paragraph, marital status shall be
        determined under section 7703.
    ``(d) Qualified Health Insurance.--For purposes of this section--
            ``(1) In general.--The term `qualified health insurance'
        means insurance which constitutes medical care; except that
        such term shall not include any insurance if substantially all
        of its coverage is of excepted benefits described in section
        9832(c).
            ``(2) Credit not allowable for certain subsidized
        coverage.--Except for purposes of subsection (b)(3)(B), the
        term `qualified health insurance' shall not include any
        coverage less than 50 percent of the cost of which is borne by
        the taxpayer.
    ``(e) Denial of Credit for Amounts Paid Under Certain Government-
Provided Programs.--
            ``(1) In general.--No credit shall be allowed under this
        section for amounts paid under--
                    ``(A) title XVIII, XIX, or XXI of the Social
                Security Act,
                    ``(B) chapter 55 of title 10, United States Code,
                    ``(C) chapter 17 of title 38, United States Code,
                or
                    ``(D) the Indian Health Care Improvement Act.
            ``(2) Coverage under program included in determining
        eligibility.--Coverage under any of the provisions referred to
        in paragraph (1) shall be treated as coverage under qualified
        health insurance for purposes of subsection (b)(3)(B).
    ``(g) Special Rules.--
            ``(1) Coordination with other deductions.--No credit shall
        be allowed under this section for the taxable year if any
        amount paid for qualified health insurance is taken into
        account in determining any deduction allowed for such year
        under sections 162(l), 213, or 222.
            ``(2) Denial of credit to dependents.--No credit shall be
        allowed under this section to any individual with respect to
        whom a deduction under section 151 is allowable to another
        taxpayer for a taxable year beginning in the calendar year in
        which such individual's taxable year begins.
            ``(3) Inflation adjustment.--
                    ``(A) In general.--In the case of a taxable year
                beginning after 2002, the dollar amount in subsection
                (b)(2)(A) and each dollar amount in subsection (c)(3)
                shall be increased by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the
                        calendar year in which the taxable year begins,
                        determined by substituting `calendar year 2001'
                        for `calendar year 1992' in subparagraph (B)
                        thereof.
                    ``(B) Rounding.--If any amount as adjusted under
                subparagraph (A) is not a multiple of $100, such amount
                shall be rounded to the next lowest multiple of $100.''
    (b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:

                              ``Sec. 25B. Health insurance costs of
                                        previously uninsured
                                        individuals.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

SEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF EMPLOYEES AND
              SELF-EMPLOYED INDIVIDUALS.

    (a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions) is amended by redesignating section 222 as section 223 and
by inserting after section 221 the following new section:

``SEC. 222. COSTS OF QUALIFIED HEALTH INSURANCE.

    ``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the amount paid during the
taxable year for coverage for the taxpayer, his spouse, and dependents
under qualified health insurance (as defined in section 25B(d)).
    ``(b) Special Rules.--
            ``(1) Coordination with medical deduction, etc.--Any amount
        paid by a taxpayer for insurance to which subsection (a)
        applies shall not be taken into account in computing the amount
        allowable to the taxpayer as a deduction under section 162(l)
        or 213(a).
            ``(2) Deduction not allowed for self-employment tax
        purposes.--The deduction allowable by reason of this section
        shall not be taken into account in determining an individual's
        net earnings from self-employment (within the meaning of
        section 1402(a)) for purposes of chapter 2.''
    (b) Conforming Amendments.--
            (1) Subsection (a) of section 62 of such Code is amended by
        inserting after paragraph (17) the following new item:
            ``(18) Costs of qualified health insurance.--The deduction
        allowed by section 222.''
            (3) The table of sections for part VII of subchapter B of
        chapter 1 of such Code is amended by striking the last item and
        inserting the following new items:

                              ``Sec. 222. Costs of qualified health
                                        insurance.
                              ``Sec. 223. Cross reference.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

Summary: Health Insurance Affordability and Equity Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for qualified health insurance costs paid for by an individual during a period when the individual was not covered by qualified health insurance and was not eligible to participate in any employer provided group health plan. Provides for the deduction of the qualified health insurance costs of employees and the self-employed.

To amend the Internal Revenue Code of 1986 to provide incentives for private health coverage for the previously uninsured, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Emergency Treatment Act''
or the ``VET Act''.

SEC. 2. CLARIFICATION OF EMERGENCY HOSPITAL CARE FURNISHED BY THE
              SECRETARY OF VETERANS AFFAIRS TO CERTAIN VETERANS.

    (a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1730A the following new section:
``Sec. 1730B. Examination and treatment for emergency medical
              conditions and women in labor
    ``(a) Medical Screening Examinations.--In carrying out this
chapter, if any enrolled veteran requests, or a request is made on
behalf of the veteran, for examination or treatment for a medical
condition, regardless of whether such condition is service-connected,
at a hospital emergency department of a medical facility of the
Department, the Secretary shall ensure that the veteran is provided an
appropriate medical screening examination within the capability of the
emergency department, including ancillary services routinely available
to the emergency department, to determine whether an emergency medical
condition exists.
    ``(b) Necessary Stabilizing Treatment for Emergency Medical
Conditions and Labor.--(1) If an enrolled veteran comes to a medical
facility of the Department and the Secretary determines that the
veteran has an emergency medical condition, the Secretary shall provide
either--
            ``(A) such further medical examination and such treatment
        as may be required to stabilize the medical condition; or
            ``(B) for the transfer of the veteran to another medical
        facility of the Department or a non-Department facility in
        accordance with subsection (c).
    ``(2) The Secretary is deemed to meet the requirement of paragraph
(1)(A) with respect to an enrolled veteran if the Secretary offers the
veteran the further medical examination and treatment described in such
paragraph and informs the veteran (or an individual acting on behalf of
the veteran) of the risks and benefits to the veteran of such
examination and treatment, but the veteran (or individual) refuses to
consent to the examination and treatment. The Secretary shall take all
reasonable steps to secure the written informed consent of such veteran
(or individual) to refuse such examination and treatment.
    ``(3) The Secretary is deemed to meet the requirement of paragraph
(1) with respect to an enrolled veteran if the Secretary offers to
transfer the individual to another medical facility in accordance with
subsection (c) of this section and informs the veteran (or an
individual acting on behalf of the veteran) of the risks and benefits
to the veteran of such transfer, but the veteran (or individual)
refuses to consent to the transfer. The hospital shall take all
reasonable steps to secure the written informed consent of such veteran
(or individual) to refuse such transfer.
    ``(c) Restriction of Transfers Until Veteran Stabilized.--(1) If an
enrolled veteran at a medical facility of the Department has an
emergency medical condition that has not been stabilized, the Secretary
may not transfer the veteran to another medical facility of the
Department or a non-Department facility unless--
            ``(A)(i) the veteran (or a legally responsible individual
        acting on behalf of the veteran), after being informed of the
        obligation of the Secretary under this section and of the risk
        of transfer, requests in writing a transfer to another medical
        facility;
            ``(ii) a physician has signed a certification (including a
        summary of the risks and benefits) that, based upon the
        information available at the time of transfer, the medical
        benefits reasonably expected from the provision of appropriate
        medical treatment at another medical facility outweigh the
        increased risks to the veteran and, in the case of labor, to
        the unborn child from effecting the transfer; or
            ``(iii) if a physician is not physically present in the
        emergency department at the time a veteran is transferred, a
        qualified medical person (as defined by the Secretary in
        regulations) has signed a certification described in clause
        (ii) after a physician, in consultation with the person, has
        made the determination described in such clause, and
        subsequently countersigns the certification; and
            ``(B) the transfer is an appropriate transfer as described
        in paragraph (2).
    ``(2) An appropriate transfer to a medical facility is a transfer--
            ``(A) in which the transferring medical facility provides
        the medical treatment within the capacity of the facility that
        minimizes the risks to the health of the enrolled veteran and,
        in the case of a woman in labor, the health of the unborn
        child;
            ``(B) in which the receiving facility--
                    ``(i) has available space and qualified personnel
                for the treatment of the veteran; and
                    ``(ii) has agreed to accept transfer of the veteran
                and to provide appropriate medical treatment;
            ``(C) in which the transferring facility sends to the
        receiving facility all medical records (or copies thereof),
        related to the emergency condition for which the veteran has
        presented, available at the time of the transfer, including
        records related to the emergency medical condition of the
        veteran, observations of signs or symptoms, preliminary
        diagnosis, treatment provided, results of any tests and the
        informed written consent or certification (or copy thereof)
        provided under paragraph (1)(A), and the name and address of
        any on-call physician (described in subsection (d)(1)(C) of
        this section) who has refused or failed to appear within a
        reasonable time to provide necessary stabilizing treatment;
            ``(D) in which the transfer is effected through qualified
        personnel and transportation equipment, as required including
        the use of necessary and medically appropriate life support
        measures during the transfer; and
            ``(E) that meets such other requirements as the Secretary
        may find necessary in the interest of the health and safety of
        veterans transferred.
    ``(d) Charges.--(1) Nothing in this section may be construed to
affect any charges that the Secretary may collect from a veteran or
third party.
    ``(2) The Secretary shall treat any care provided by a non-
Department facility pursuant to this section as care otherwise provided
by a non-Department facility pursuant to this chapter for purposes of
paying such non-Department facility for such care.
    ``(e) Nondiscrimination.--A medical facility of the Department or a
non-Department facility, as the case may be, that has specialized
capabilities or facilities (such as burn units, shock-trauma units,
neonatal intensive care units, or (with respect to rural areas)
regional referral centers as identified by the Secretary in regulation)
shall not refuse to accept an appropriate transfer of an enrolled
veteran who requires such specialized capabilities or facilities if the
facility has the capacity to treat the veteran.
    ``(f) No Delay in Examination or Treatment.--A medical facility of
the Department or a non-Department facility, as the case may be, may
not delay provision of an appropriate medical screening examination
required under subsection (a) or further medical examination and
treatment required under subsection (b) of this section in order to
inquire about the method of payment or insurance status of an enrolled
veteran.
    ``(g) Whistleblower Protections.--The Secretary may not take
adverse action against an employee of the Department because the
employee refuses to authorize the transfer of an enrolled veteran with
an emergency medical condition that has not been stabilized or because
the employee reports a violation of a requirement of this section.
    ``(h) Definitions.--In this section:
            ``(1) The term `emergency medical condition' means--
                    ``(A) a medical condition manifesting itself by
                acute symptoms of sufficient severity (including severe
                pain) such that the absence of immediate medical
                attention could reasonably be expected to result in--
                            ``(i) placing the health of the enrolled
                        veteran (or, with respect to an enrolled
                        veteran who is a pregnant woman, the health of
                        the woman or her unborn child) in serious
                        jeopardy;
                            ``(ii) serious impairment to bodily
                        functions; or
                            ``(iii) serious dysfunction of any bodily
                        organ or part; or
                    ``(B) with respect to an enrolled veteran who is a
                pregnant woman having contractions--
                            ``(i) that there is inadequate time to
                        effect a safe transfer to another hospital
                        before delivery; or
                            ``(ii) that transfer may pose a threat to
                        the health or safety of the woman or the unborn
                        child.
            ``(2) The term `enrolled veteran' means a veteran who is
        enrolled in the health care system established under section
        1705(a) of this title.
            ``(3) The term `to stabilize' means, with respect to an
        emergency medical condition described in paragraph (1)(A), to
        provide such medical treatment of the condition as may be
        necessary to assure, within reasonable medical probability,
        that no material deterioration of the condition is likely to
        result from or occur during the transfer of the enrolled
        veteran from a facility, or, with respect to an emergency
        medical condition described in paragraph (1)(B), to deliver
        (including the placenta).
            ``(4) The term `stabilized' means, with respect to an
        emergency medical condition described in paragraph (1)(A), that
        no material deterioration of the condition is likely, within
        reasonable medical probability, to result from or occur during
        the transfer of the individual from a facility, or, with
        respect to an emergency medical condition described in
        paragraph (1)(B), that the woman has delivered (including the
        placenta).
            ``(5) The term `transfer' means the movement (including the
        discharge) of an enrolled veteran outside the facilities of a
        medical facility of the Department at the direction of any
        individual employed by (or affiliated or associated, directly
        or indirectly, with) the Department, but does not include such
        a movement of an individual who--
                    ``(A) has been declared dead; or
                    ``(B) leaves the facility without the permission of
                any such person.''.
    (b) Clerical Amendment.--The table of sections of such chapter is
amended by inserting after the item relating to section 1730A the
following new item:

``1730B. Examination and treatment for emergency medical conditions and
                            women in labor.''.

Summary: Veterans Emergency Treatment Act or the VET Act This bill requires that a veteran enrolled in the Department of Veterans Affairs (VA) health care program who requests a medical examination or treatment at an emergency department of a VA medical facility be provided with a medical screening examination to determine whether an emergency medical condition exists and, if so, stabilizing medical treatment or a transfer to another VA or non-VA medical facility. If a non-stabilized emergency medical condition exists, the VA hospital may not transfer the veteran unless: (1) the veteran, after being made aware of the risks, makes a written transfer request. Or (2) a physician certifies that the medical benefits of a transfer outweigh the risks. The VA may not take adverse action against a VA employee because the employee refuses to authorize the transfer of an enrolled veteran with a non-stabilized emergency medical condition or because the employee reports a violation of a requirement of this bill. A VA or non-VA medical facility may not delay provision of an appropriate medical screening examination or further medical examination and treatment required in order to inquire about the payment method or insurance status of an enrolled veteran.

Veterans Emergency Treatment Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Speak Up to Protect Every Abused Kid
Act''.

SEC. 2. CHILD ABUSE AND NEGLECT.

    Section 3(2) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 note) is amended to read as follows:
            ``(2) the term `child abuse or neglect' means, at a
        minimum--
                    ``(A) any recent act or failure to act, on the part
                of a parent or caretaker, that results in death,
                serious physical or emotional harm, or sexual abuse or
                exploitation, or an act or failure to act that presents
                an imminent risk of serious harm; or
                    ``(B) any deliberate act, on the part of an
                individual other than a parent or caretaker, that
                results in death, serious physical or emotional harm,
                or sexual abuse or exploitation, or that presents an
                imminent risk of serious harm to a child.''.

SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING.

    The Child Abuse Prevention and Treatment Act is amended by
inserting after section 103 (42 U.S.C. 5104) the following:

``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING.

    ``(a) In General.--The Secretary shall make grants to eligible
entities to carry out educational campaigns and provide training
regarding State laws for mandatory reporting of incidents of child
abuse or neglect.
    ``(b) Guidance and Information on Best Practices.--The Secretary
shall develop and disseminate guidance and information on best
practices for--
            ``(1) educational campaigns to educate members of the
        public about--
                    ``(A) the acts and omissions that constitute child
                abuse or neglect under State law;
                    ``(B) the responsibilities of adults to report
                suspected and known incidents of child abuse or neglect
                under State law; and
                    ``(C) the ways in which adults can respond to help
                children and families without such reporting in a case
                in which the circumstances do not constitute child
                abuse or neglect under State law but the child or
                family needs assistance to prevent such circumstances
                from deteriorating so as to constitute child abuse or
                neglect; and
            ``(2) training programs to improve such reporting by
        adults, with a focus on adults who work with children in a
        professional or volunteer capacity.
    ``(c) Applications.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. In determining whether to make a grant under this section,
the Secretary shall determine whether the educational campaign or
training proposed by the entity uses practices described in the
guidance and information developed under subsection (b).
    ``(d) Use of Funds.--An entity that receives a grant under this
section shall use the funds made available through the grant to carry
out an educational campaign, or provide training, described in
subsection (b).
    ``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2012
and $10,000,000 for each of fiscal years 2013 through 2016.''.

SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND
              TREATMENT PROGRAMS.

    Section 106(b)(2)(B) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106a(b)(2)(B)) is amended by striking ``(B) an
assurance'' and all that follows through clause (i), and inserting the
following:
                    ``(B) an assurance in the form of a certification
                by the Governor of the State that the State has in
                effect and is enforcing a State law, or has in effect
                and is operating a statewide program, relating to child
                abuse and neglect that includes--
                            ``(i) provisions or procedures for an
                        individual to report suspected or known
                        incidents of child abuse or neglect to a State
                        child protective service agencies or to law
                        enforcement agencies, which shall include a
                        State law for mandatory reporting of such
                        incidents, to either type of agency, by any
                        adult;''.

SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING.

    (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5107c(b)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``and'' at the
                end; and
                    (B) by adding at the end the following:
                    ``(C) train adults who work with children in a
                professional or volunteer capacity, to report suspected
                and known incidents of child abuse or neglect under
                State law; and''; and
            (2) in paragraph (5), by inserting before the period ``and
        the training described in paragraph (4)(C)''.
    (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C.
5107c(e)(2)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(3) evaluate the State's efforts to train adults who work
        with children in a professional or volunteer capacity, to
        report suspected and known incidents of child abuse or neglect
        under State law.''.
    (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42
U.S.C. 5107c(e)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period and
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) experimental, model, and demonstration
                programs for testing innovative approaches and
                techniques that may improve reporting of and response
                to suspected and known incidents of child abuse or
                neglect by adults to the State child protective service
                agencies or to law enforcement agencies.''.

SEC. 6. GENERAL PROGRAM GRANTS.

    Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) is amended by adding at the end the following:
    ``(f) Mandatory Reporting.--To be eligible to receive any form of
financial assistance under this title, a State shall include in the
corresponding plan or application an assurance that the State has in
effect a State law for mandatory reporting described in section
106(b)(2)(B)(i).''.

SEC. 7. REPORTS.

    Section 110 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106f) is amended by adding at the end the following:
    ``(e) Report on State Mandatory Reporting Laws.--
            ``(1) Study.--Not later than 4 years after the date of
        enactment of the Speak Up to Protect Every Abused Kid Act, the
        Secretary shall collect information on and otherwise study the
        efforts of States relating to State laws for mandatory
        reporting of incidents of child abuse or neglect, in order to--
                    ``(A) assess the implementation of the amendments
                made by that Act; and
                    ``(B) provide an update on--
                            ``(i) implementation of State laws for
                        mandatory reporting described in section
                        106(b)(2)(B)(i); and
                            ``(ii) State efforts to improve reporting
                        on, and responding to reports of, child abuse
                        or neglect.
            ``(2) Report.--Not later than 4 years after that date of
        enactment, the Secretary shall submit to the appropriate
        committees of Congress a report containing the findings of the
        study.''.

SEC. 8. COMMUNITY-BASED GRANTS.

    Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
            (1) in paragraph (11), by striking ``and'' at the end;
            (2) in paragraph (12), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(13) an assurance that the State has in effect a State
        law for mandatory reporting described in section
        106(b)(2)(B)(i).''.

SEC. 9. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act
takes effect on the date of enactment of this Act.
    (b) Mandatory Reporting Requirements.--The amendments made by
sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and
applications submitted after the date that is 2 years after the date of
enactment of this Act.

Summary: Speak Up to Protect Every Abused Kid Act - Amends the Child Abuse Prevention and Treatment Act (CAPTA) to specify in the definition of child abuse or neglect any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child. Directs the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain an assurance in the form of a certification by the state governor that the state has in effect and is enforcing a state law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes provisions or procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to a state child protective services agencies or to law enforcement agencies, which shall include a state law for mandatory reporting of such agencies, to either type of agency, by any adult. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will train adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary of HHS to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect.

A bill to amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bramwell National Historical Park
Act of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that:
            (1) The coal mining heritage of southern West Virginia is
        of national historical and cultural significance.
            (2) The Town of Bramwell, West Virginia, possesses
        remarkable and outstanding historical, cultural, and
        architectural values relating to the coal mining heritage of
        southern West Virginia.
            (3) It is in the national interest to preserve the unique
        character of the Town of Bramwell, West Virginia, and to
        enhance the historical, cultural, and architectural values
        associated with its coal mining heritage.
    (b) Purpose.--The purpose of this Act is to provide for the
preservation, restoration, and interpretation of the historical,
cultural, and architectural values of the Town of Bramwell, West
Virginia, for the educational and inspirational benefit of present and
future generations.

SEC. 3. ESTABLISHMENT.

    (a) In General.--In order to preserve, restore, and interpret the
unique historical, cultural, and architectural values of Bramwell, West
Virginia, there is hereby established the Bramwell National Historical
Park (hereinafter referred to as the ``Park'').
    (b) Area Included.--The Park shall consist of the lands and
interests in lands within the corporate boundary of the Town of
Bramwell.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the Park in
accordance with this Act and with the provisions of law generally
applicable to units of the national park system, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 461-467).
    (b) Donations.--Notwithstanding any other provision of law, the
Secretary may accept and retain donations of funds, property, or
services from individuals, foundations, corporations, or public
entities for the purpose of providing services and facilities which he
deems consistent with the purposes of the Act.
    (c) Cooperative Agreements.--In administering the Park, the
Secretary is authorized to enter into cooperative agreements with the
State of West Virginia, or any political subdivision thereof, for
carrying out the purposes of this Act.

SEC. 5. ACQUISITION OF LAND.

    (a) General Authority.--The Secretary may acquire land or interests
in land within the boundaries of the Park only by donation, exchange,
or purchase from willing sellers with donated or appropriated funds.
    (b) State Lands.--Lands or interest in lands, within the boundaries
of the Park which are owned by the State of West Virginia or any
political subdivision thereof, may be acquired only by donation.

SEC. 6. COOPERATIVE AGREEMENTS.

    The Secretary is authorized to enter into cooperative agreements
with the owners of properties of historical or cultural significance
within the Park pursuant to which the Secretary may mark, interpret,
restore, and provide technical assistance for the preservation and
interpretation of such properties.

SEC. 7. PROPERTY OWNER RIGHTS.

    Nothing in this Act may be construed as authorizing the Secretary
to have access to private residential property within the Park for the
purpose of conducting visitors through such property, or for any other
purpose, without the advice and consent of the owner of such property.

SEC. 8. MANAGEMENT PLAN.

    (a) In General.--The Secretary, in consultation with the committee
referred to in section 9, shall prepare a plan for the restoration,
preservation, interpretation, and development of the historical,
cultural, and architectural resources of the Park.
    (b) Restoration Measures.--The plan referred to in this section
shall provide for such measures as may be deemed appropriate for the
restoration of public areas within the Park, including but not limited
to each of the following:
            (1) The restoration of a brick surface to such segments of
        North River Street, Main Street, Rose Street, South River
        Street, and Bloch Street as deemed necessary to restore the
        historical and architectural character of the Park.
            (2) Measures to mitigate the visual impact of public
        utility facilities such as phone and electrical lines on the
        historical and architectural character of the Park.
    (c) Development Measures.--The plan referred to in this section
shall provide for such measures as may be deemed appropriate for the
development of public areas within the Park, including but not limited
to each of the following:
            (1) The reconstruction of the Bramwell Railroad Depot.
            (2) The restoration of an edifice or edifices suitable to
        provide for the interpretation and visitor appreciation of the
        historical, cultural, and architectural features of the Park.

SEC. 9. ADVISORY COMMITTEE.

    (a) Establishment.--There is hereby established the Bramwell
National Historical Park Advisory Committee (hereinafter in this Act
referred to as ``Advisory Committee''). The Advisory Committee shall be
composed of thirteen members appointed by the Secretary to serve for
terms of two years, except for the Governor of the State of West
Virginia and the Mayor of the Town of Bramwell who shall serve without
limitation of terms. Any member of the Advisory Committee may serve
after the expiration of his term until a successor is appointed. Any
member of the Advisory Committee may be appointed to serve more than
one term. The Secretary or his designee shall serve as Chairman.
    (b) Management and Development Issues.--The Secretary, or his
designees, shall meet on a regular basis and consult with the Advisory
Committee on matters relating to the development of a management plan
for the Park and on the implementation of such plan.
    (c) Expenses.--Members of the Advisory Committee shall serve
without compensation as such, but the Secretary may pay expenses
reasonably incurred in carrying out their responsibilities under this
Act on vouchers signed by the Chairman.
    (d) Membership.--The Secretary shall appoint members to the
Advisory Committee as follows:
            (1) the Governor of the State of West Virginia or his
        delegate;
            (2) one member to represent the West Virginia Division of
        Culture and History to be appointed from among persons
        nominated by the Governor of the State of West Virginia;
            (3) the Mayor of the Town of Bramwell;
            (4) one member to represent the Mercer County Commission;
            (5) one member to represent the Mercer County Historical
        Society;
            (6) two members to represent the Bramwell Historic Landmark
        Commission;
            (7) two members to represent the Bramwell Millionaire
        Garden Club;
            (8) one member to represent the West Virginia Preservation
        Alliance, Inc.;
            (9) one member to represent Coalways, Inc.;
            (10) one member to represent the West Virginia Association
        of Museums; and
            (11) one member to represent the Pinnacle Rock State Park
        Foundation, Inc.
    (e) Termination; Charter.--The Advisory Committee shall terminate
on the date ten years after the enactment of this Act notwithstanding
the Federal Advisory Committee Act (Act of October 6, 1972; 86 Stat.
776). The provisions of section 14(b) of such Act (relating to the
charter of the Committee) are hereby waived with respect to this
Advisory Committee.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is hereby authorized to be appropriated such sums as may be
necessary to carry out the purpose of this Act.

Summary: Bramwell National Historical Park Act of 1993 - Establishes the Bramwell National Historical Park, West Virginia, to preserve, restore, and interpret the unique historical, cultural, and architectural values of the town. Establishes the Bramwell National Historical Park Advisory Committee. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Administration
Authorization Act for Fiscal Years 2000 and 2001''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2000 AND 2001.

    Funds are hereby authorized to be appropriated, as Appropriations
Acts may provide, for the use of the Department of Transportation for
the Maritime Administration as follows:
            (1) For expenses necessary for operations and training
        activities, not to exceed $72,164,000 for the fiscal year
        ending September 30, 2000.
            (2) For the costs, as defined in section 502 of the Federal
        Credit Reform Act of 1990, of guaranteed loans authorized by
        title XI of the Merchant Marine Act, 1936, as amended (46 App.
        U.S.C. 1271 et seq.), $6,000,000, to be available until
        expended. In addition, for administrative expenses related to
        loan guarantee commitments under title XI of the Merchant
        Marine Act, 1936, as amended (46 App. U.S.C. 1271 et seq.),
        $3,893,000.
            (3) For the fiscal year ending September 30, 2001, such
        sums as may be necessary.

SEC. 3. AMENDMENTS TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.

    (a) Section 1108(a) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1279a(a)) is amended by striking the language preceding the
proviso and inserting in its place the following:
    ``(a) Creation.--If the proceeds of an obligation guaranteed under
this title are to be used to finance the construction, reconstruction,
or reconditioning of a vessel or vessels which will serve as security
for the guarantee of the Secretary, the Secretary is authorized to
accept and hold, in escrow under an escrow agreement with the obligor,
proceeds of that obligation (together with such interest as may be
earned thereon and, if required by the Secretary, an amount equal to 6
month's interest on the obligation). The Secretary may not release
funds from the escrow until the Secretary first determines that the
obligor has paid its portion of the actual cost of constructing,
reconstructing, or reconditioning the vessel or vessels and, second,
determines that the funds to be released are needed to pay, or make
reimbursements in connection with payments previously made to the
shipyard or other contractors for work performed, or to pay for other
approved costs, with respect to the vessel or vessels.''.
    (b) Title XI of the Merchant Marine Act, 1936, is amended by
inserting immediately after section 1108, the following new section:

``SEC. 1109. RESERVE FUNDS AND COLLATERAL ACCOUNTS.

    ``(a) Creation of Funds and Accounts.--There is hereby established
in the Treasury a deposit fund into which the Secretary is authorized
to deposit cash belonging to an obligor so long as the Secretary has a
security interest in such cash. The account shall be governed by the
terms of an agreement, as described hereunder, to be entered into by
the Secretary and an obligor.
    ``(b) Terms of Agreement.--The Secretary and an obligor shall enter
into a reserve fund or other collateral account agreement to govern the
making of deposits and withdrawals and the retention, use, and
reinvestment of the cash deposited under subsection (a) above. The
agreement shall contain such terms and conditions as are further
required hereunder and as are considered by the Secretary to be
necessary to protect fully the interests of the United States.
    ``(c) Investment.--The Secretary is authorized to invest and
reinvest any part of the cash of a reserve fund or collateral account
in obligations of the United States with such maturities that these
funds and accounts will be available as required for purposes of the
agreement. Cash balances of the deposit fund in excess of current
requirements shall be maintained in a form of uninvested funds and the
Secretary of the Treasury shall pay interest on these funds.
    ``(d) Income.--The cash deposited in a reserve fund or collateral
account may not be withdrawn without the consent of the Secretary. The
Secretary may retain and offset any or all of the cash on deposit in a
reserve fund or collateral account, and any income realized thereon, as
part of the Secretary's recovery against an obligor that has defaulted
on an obligation. In the absence of a default on an obligation, the
Secretary may pay any income realized on a reserve fund or collateral
account in accordance with the terms of the agreement.''.

SEC. 4. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936.

    (a) Title IX of the Merchant Marine Act, 1936, as amended (46 App.
U.S.C. 101 et seq.) is amended by adding immediately after section 902
the following new section:

``SEC. 903. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS.

    ``The restrictions of section 901(b)(1) of this Act concerning the
building, rebuilding, or documentation of a vessel in a foreign country
shall not apply to dry bulk vessels and breakbulk vessels over 5,000
deadweight tons and constructed, reconstructed, or acquired in a
foreign shipyard within one year of the date of enactment of this
section and prior to enactment of the OECD Shipbuilding Trade Agreement
Act, whichever occurs earlier, and have transferred to United States
flag registry under section 12105 of title 46, United States Code,
except that (1) such vessels have nonemergency shipyard repairs, and
other shipyard work necessary to conform the vessel to United States
flag standards, performed in a shipyard of the United States, (2) such
vessels comply with the standards set forth in section 1137 of the
Coast Guard Authorization Act of 1996 (46 App. U.S.C. 1187 note), (3)
such vessels shall not be granted approval under section 9(e) of the
Shipping Act, 1916, as amended on October 19, 1996, and (4) the
provisions of section 607 of this Act shall not apply to vessels
constructed, reconstructed, modified, or acquired pursuant to this
section.''.
    (b) Section 901b(c)(2) of the Merchant Marine Act, 1936, as amended
(46 U.S.C. App. 1241f(c)(2)) is amended by striking ``1986.'' and
inserting ``1986, the 18-month period commencing April 1, 1999, and the
12-month period beginning on the first day of October in the year 2000
and each year thereafter.''.

SEC. 5. EXTENSION OF WAR RISK INSURANCE AUTHORITY.

    Section 1214 of the Merchant Marine Act, 1936, as amended (46 App.
U.S.C. 1294) is amended by striking ``June 30, 2000'' and inserting
``June 30, 2005''.

SEC. 6. TRANSPORTATION REPORT ON MARITIME ACTIVITIES.

    Section 208 of the Merchant Marine Act, 1936, as amended (46 App.
U.S.C. 1118) is amended by--
            (1) striking ``and the Secretary of Transportation shall'';
        and
            (2) inserting ``and the Secretary of Transportation, by
        April 1 of each odd-numbered year, shall'' before ``make''.

SEC. 7. OWNERSHIP OF THE JEREMIAH O'BRIEN.

    Section 3302 of title 46, United States Code, is amended by
striking ``owned by the United States Maritime Administration'' and
inserting in lieu thereof ``owned by the National Liberty Ship
Memorial, Inc.''.

Summary: Amends the Merchant Marine Act, 1936 to revise loan guarantee escrow fund provisions. Establishes a Treasury fund to hold related collateral, and provides for Secretary-obligor reserve funds. Exempts certain foreign-origin dry bulk and breakbulk cargo vessels that have transferred to United States flag registry from the three-year restriction on carrying US- procured, furnished, or financially supported cargo Extends war risk insurance authority. Reduces specified United States Maritime Administration reporting requirements. Amends Federal law to state that ownership the vessel Jeremiah O'Brien shall belong to the National Liberty Ship Memorial, Inc. rather than the United States Maritime Administration.