SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Staffing for Adequate Fire and
Emergency Response Firefighters Act of 2003''.

SEC. 2. OFFICE OF GRANT MANAGEMENT.

    The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended by redesignating the second section 33 and section
34 as sections 35 and 36, respectively, and by inserting after the
first section 33 the following new section:

``SEC. 34. OFFICE OF GRANT MANAGEMENT.

    ``(a) Establishment.--A new office within the United States Fire
Administration shall be established to administer the SAFER Firefighter
grant program under this section.
    ``(b) Authority To Make Grants.--(1) The Administrator may make
grants directly to career, voluntary, and combination fire departments
of a State, in consultation with the chief executive of the State, for
the purpose of substantially increasing the number of firefighters so
that communities can meet industry minimum standards to provide
adequate protection from acts of terrorism and hazards.
    ``(2)(A) Grants made under paragraph (1) shall be for 4 years and
be used for programs to hire new, additional career firefighters.
    ``(B) Grantees are required to commit to retaining for at least 1
year beyond the termination of their grants those career firefighters
hired under paragraph (1).
    ``(3) In awarding grants under this section, the Administrator may
give preferential consideration, where feasible, to applications for
hiring and rehiring additional career firefighters that involve a non-
Federal contribution exceeding the minimums under paragraph (5).
    ``(4) The Administrator may provide technical assistance to States,
units of local government, Indian tribal governments, and to other
public entities, in furtherance of the purposes of this section.
    ``(5) The portion of the costs of a program, project, or activity
provided by a grant under paragraph (1) may not exceed--
            ``(A) 90 percent in the first year of the grant;
            ``(B) 80 percent in the second year of the grant;
            ``(C) 50 percent in the third year of the grant; and
            ``(D) 30 percent in the fourth year of the grant,
unless the Administrator waives, wholly or in part, the requirement
under this paragraph of a non-Federal contribution to the costs of a
program, project, or activity.
    ``(6) The authority under paragraph (1) of this section to make
grants for the hiring of additional career firefighters shall lapse at
the conclusion of 10 years from the date of enactment of this section.
Prior to the expiration of this grant authority, the Administrator
shall submit a report to Congress concerning the experience with and
effects of such grants. The report may include any recommendations the
Administrator may have for amendments to this section and related
provisions of law.
    ``(c) Applications.--(1) No grant may be made under this section
unless an application has been submitted to, and approved by, the
Administrator.
    ``(2) An application for a grant under this section shall be
submitted in such form, and contain such information, as the
Administrator may prescribe by regulation or guidelines.
    ``(3) In accordance with the regulations or guidelines established
by the Administrator, each application for a grant under this section
shall--
            ``(A) include a long-term strategy and detailed
        implementation plan that reflects consultation with community
        groups and appropriate private and public agencies and reflects
        consideration of the statewide strategy;
            ``(B) explain the applicant's inability to address the need
        without Federal assistance;
            ``(C) outline the initial and ongoing level of community
        support for implementing the proposal including financial and
        in-kind contributions or other tangible commitments;
            ``(D) specify plans for obtaining necessary support and
        continuing the proposed program, project, or activity following
        the conclusion of Federal support; and
            ``(E) provide assurances that the applicant will, to the
        extent practicable, seek, recruit, and hire members of racial
        and ethnic minority groups and women in order to increase their
        ranks within firefighting.
    ``(4) Notwithstanding any other provision of this section, in
relation to applications under this section of units of local
government or fire districts having jurisdiction over areas with
populations of less than 50,000, the Administrator may waive 1 or more
of the requirements of paragraph (3) and may otherwise make special
provisions to facilitate the expedited submission, processing, and
approval of such applications.
    ``(d) Limitation on Use of Funds.--(1) Funds made available under
this section to States or units of local government for salaries and
benefits to hire new, additional career firefighters shall not be used
to supplant State or local funds, or, in the case of Indian tribal
governments, funds supplied by the Bureau of Indian Affairs, but shall
be used to increase the amount of funds that would, in the absence of
Federal funds received under this section, be made available from State
or local sources, or in the case of Indian tribal governments, from
funds supplied by the Bureau of Indian Affairs.
    ``(2) Funds appropriated by the Congress for the activities of any
agency of an Indian tribal government or the Bureau of Indian Affairs
performing firefighting functions on any Indian lands may be used to
provide the non-Federal share of the cost of programs or projects
funded under this section.
    ``(3)(A) Total funding provided under this section over 4 years for
hiring a career firefighter may not exceed $100,000, unless the
Administrator grants a waiver from this limitation.
    ``(B) The $100,000 cap shall be adjusted annually for inflation
beginning in fiscal year 2005.
    ``(e) Performance Evaluation.--(1) Each program, project, or
activity funded under this section shall contain a monitoring
component, developed pursuant to guidelines established by the
Administrator. The monitoring required by this subsection shall include
systematic identification and collection of data about activities,
accomplishments, and programs throughout the life of the program,
project, or activity and presentation of such data in a usable form.
    ``(2) Selected grant recipients shall be evaluated on the local
level or as part of a national evaluation, pursuant to guidelines
established by the Administrator. Such evaluations may include
assessments of individual program implementations. In selected
jurisdictions that are able to support outcome evaluations, the
effectiveness of funded programs, projects, and activities may be
required.
    ``(3) The Administrator may require a grant recipient to submit to
the Administrator the results of the monitoring and evaluations
required under paragraphs (1) and (2) and such other data and
information as the Administrator considers reasonably necessary.
    ``(f) Revocation or Suspension of Funding.--If the Administrator
determines, as a result of the activities under subsection (e), or
otherwise, that a grant recipient under this section is not in
substantial compliance with the terms and requirements of an approved
grant application submitted under subsection (c), the Administrator may
revoke or suspend funding of that grant, in whole or in part.
    ``(g) Access to Documents.--(1) The Administrator shall have access
for the purpose of audit and examination to any pertinent books,
documents, papers, or records of a grant recipient under this section
and to the pertinent books, documents, papers, or records of State and
local governments, persons, businesses, and other entities that are
involved in programs, projects, or activities for which assistance is
provided under this section.
    ``(2) Paragraph (1) shall apply with respect to audits and
examinations conducted by the Comptroller General of the United States
or by an authorized representative of the Comptroller General.
    ``(h) Definitions.--In this section, the term--
            ``(1) `firefighter' has the meaning given the term
        `employee in fire protection activities' under section 3(a) of
        the Fair Labor Standards Act (29 U.S.C. 203(y)); and
            ``(2) `Indian tribe' means a tribe, band, pueblo, nation,
        or other organized group or community of Indians, including an
        Alaska Native village (as defined in or established under the
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)),
        that is recognized as eligible for the special programs and
        services provided by the United States to Indians because of
        their status as Indians.
    ``(i) Authorization of Appropriations.--There are authorized to be
appropriated for the purposes of carrying out this section--
            ``(1) $1,000,000,000 for fiscal year 2004;
            ``(2) $1,030,000,000 for fiscal year 2005;
            ``(3) $1,061,000,000 for fiscal year 2006;
            ``(4) $1,093,000,000 for fiscal year 2007;
            ``(5) $1,126,000,000 for fiscal year 2008;
            ``(6) $1,159,000,000 for fiscal year 2009; and
            ``(7) $1,194,000,000 for fiscal year 2010.''.

Summary: Staffing for Adequate Fire and Emergency Response Firefighters Act of 2003 - Amends the Federal Fire Prevention and Control Act of 1974 to require the establishment of an office within the United States Fire Administration to administer the Staffing for Adequate Fire and Emergency Response (SAFER) Firefighter grant program under this Act. Authorizes the US Fire Administrator to make direct four-year grants to State career, volunteer, and combination fire departments for staff increases in order to provide protection from terrorism and hazards. Specifies Federal grant contribution levels. Requires grantees to retain hired career firefighters for at least one year after grant termination. Terminates program authority ten years after enactment of this Act. Authorizes the Administrator to: (1) give preferential hiring to career firefighters where non-federal contributions exceed the minimums provided for by this Act. And (2) provide technical assistance to States, local governments, Indian tribes, and other public entities. Requires project evaluations.

A bill to establish a SAFER Firefighter Grant Program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rapid DNA Act of 2014''.

SEC. 2. DEFINITIONS.

    The DNA Identification Act of 1994 (42 U.S.C. 14132) is amended by
inserting at the end the following:

``SEC. __. DEFINITIONS.

            ``(1) The term `reference DNA sample' means a tissue,
        fluid, or other bodily sample of an individual on which a DNA
        analysis can be carried out.
            ``(2) The term `DNA analysis' means analysis of the
        deoxyribonucleic acid (DNA) identification information from a
        bodily sample.
            ``(3) The term `sample-to-answer DNA analysis systems'
        means fully automated systems that after input of a DNA sample
        can perform all necessary sample preparation and analysis with
        no operator intervention.
            ``(4) The term `qualified agencies' means booking stations,
        jails, prisons, detention centers, other law enforcement
        organizations, and facilities outside of forensic laboratories
        that can perform DNA analysis using sample-to-answer DNA
        systems on subjects meeting current legislative guidelines.
            ``(5) The term `operators' means persons trained to operate
        a sample-to-answer DNA system.''.

SEC. 3. REVISED QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.

    Section 210303 of the DNA Identification Act of 1994 (42 U.S.C.
14131) is amended--
            (1) in subsection (a)(1)(B), by inserting after
        ``Technology'' the following: ``, and members from Federal,
        State, and local law enforcement agencies.'';
            (2) in subsection (a)(1)(C), by inserting after ``DNA'' the
        following: ``and separate standards for testing the proficiency
        of qualified agencies, and operators, in conducting analyses of
        DNA samples using sample-to-answer DNA analysis systems.'';
            (3) in subsection (a)(2), by inserting after ``DNA'' the
        following: ``DNA and separate standards for testing the
        proficiency of qualified agencies, and operators, in conducting
        analyses of DNA samples using sample-to-answer DNA analysis
        systems.'';
            (4) in subsection (a)(3), by inserting after ``used by
        forensic laboratories'' the following: ``and by qualified
        agencies conducting analyses of DNA samples using sample-to-
        answer DNA analysis systems.''; and by inserting after
        ``determine whether a laboratory'' the following: ``, or
        agency,'';
            (5) in subsection (a)(4), by inserting after ``for purposes
        of this section'' the following: ``, and for qualified agencies
        the quality assurance guidelines recommended by the scientific
        working group on DNA analysis methods.'';
            (6) in subsection (c)(1)(A), by inserting after ``forensic
        DNA analyses'' the following: ``; and qualified agencies
        conducting analyses of DNA samples using sample-to-answer DNA
        analysis systems.'';
            (7) in subsection (c)(1)(B), by inserting after ``forensic
        DNA analyses'' the following: ``; and for qualified agencies
        conducting analyses of DNA samples using sample-to-answer DNA
        analysis systems.'';
            (8) in subsection (c)(1)(C), by inserting after ``forensic
        DNA analyses'' the following: ``; and qualified agencies
        conducting analyses of DNA samples using sample-to-answer DNA
        analysis systems.''; and
            (9) in subsection (c)(2), by inserting after ``routine
        evidence'' the following: ``; and for qualified agencies the
        term `blind external proficiency test' means a test that is
        presented to qualified agencies through a second agency and
        appears to the operator to involve routine DNA samples for
        sample-to-answer DNA analysis systems.''.

SEC. 4. QUALIFYING AGENCIES.

    Section 210304 of the DNA Identification Act of 1994 (42 U.S.C.
14132) is amended--
            (1) in subsection (b)(2), by inserting after
        ``laboratories'' the following: ``or qualified agencies'';
            (2) in subsection (b)(2)(A), by striking ``; and'' at the
        end and inserting a semicolon; and
            (3) in subsection (b)(2), by inserting the following new
        subparagraph:
                    ``(C) are a qualifying agency engaged in the
                intake, processing, booking, detention, or
                incarceration of individuals charged or convicted of
                qualifying offenses and the analysis of DNA samples is
                conducted on a sample-to-answer DNA analysis system;
                and''.

SEC. 5. DISTRICT OF COLUMBIA DNA ANALYSIS.

    Section ____ of the DNA Identification Act of 1994 (42 U.S.C.
14135b) is amended in subsection (b), by inserting after ``the DNA
shall be analyzed'' the following: ``on a sample-to-answer DNA analysis
system''.

Summary: Rapid DNA Act of 2014 - Amends the DNA Identification Act of 1994 to require: the advisory board on DNA quality assurance methods appointed by the Director of the Federal Bureau of Investigation (FBI) to include members from federal, state, and local law enforcement agencies. Such board to develop, and the Director to issue, standards for testing the proficiency of qualified agencies and operators in conducting analyses of DNA samples using sample-to-answer DNA analysis systems. The National Institute of Justice to certify that the blind external proficiency testing program for DNA analyses has been established and made available to such qualified agencies or is not feasible. And the Index to facilitate law enforcement exchange of DNA identification information to include information on DNA identification records and DNA analyses prepared by such qualified agencies that are engaged in the intake, processing, booking, detention, or incarceration of individuals charged or convicted of qualifying offenses and that conduct the analysis of DNA samples on a sample-to-answer DNA analysis system.

Rapid DNA Act of 2014


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans TRICARE Choice Act''.

SEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND ELIGIBILITY TO MAKE
              CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS.

    (a) In General.--Section 223(c)(1)(B) of the Internal Revenue Code
of 1986 is amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting ``, and'',
and by adding at the end the following new clause:
                            ``(iv) coverage under the TRICARE program
                        under chapter 55 of title 10, United States
                        Code, for any period with respect to which an
                        election is in effect under section 1097d of
                        such title providing that the individual is
                        ineligible to be enrolled in (and receive
                        benefits under) such program.''.
    (b) Provisions Relating to Election of Ineligibility Under
TRICARE.--
            (1) In general.--Chapter 55 of title 10, United States
        Code, is amended by inserting after section 1097c the following
        new section:
``Sec. 1097d. TRICARE program: Election of eligibility
    ``(a) Election.--A TRICARE-eligible individual may elect at any
time to be ineligible to enroll in (and receive any benefits under) the
TRICARE program.
    ``(b) Change of Election.--(1) If a TRICARE-eligible individual
makes an election under subsection (a), the TRICARE-eligible individual
may later elect to be eligible to enroll in the TRICARE program. An
election made under this subsection may be made only during a special
enrollment period.
    ``(2) The Secretary shall ensure that a TRICARE-eligible individual
who makes an election under subsection (a) may efficiently enroll in
the TRICARE program pursuant to an election under paragraph (1),
including by maintaining the individual, as appropriate, in the health
care enrollment system under section 1099 of this title in an inactive
manner.
    ``(c) Period of Election.--If a TRICARE-eligible individual makes
an election under subsection (a), such election shall be in effect
beginning on the date of such election and ending on the date that such
individual makes an election under subsection (b)(1) to enroll in the
TRICARE program.
    ``(d) Health Savings Account Participation.--(1) For provisions
allowing participation in a health savings account in connection with
coverage under a high deductible health plan during the period that the
election under subsection (a) is in effect, see section
223(c)(1)(B)(iv) of the Internal Revenue Code of 1986.
    ``(2) The Secretary shall submit to the Commissioner of Internal
Revenue the name of, and any other information that the Commissioner
may require with respect to, each TRICARE-eligible individual who makes
an election under subsection (a) or (b), not later than 90 days after
such election, for purposes of determining the eligibility of such
TRICARE-eligible individual for a health savings account described in
paragraph (1).
    ``(e) Records.--The Secretary shall ensure that a TRICARE-eligible
individual who makes an election under subsection (a) is maintained on
the Defense Enrollment Eligibility Reporting System, or successor
system, regardless of whether the individual is eligible for the
TRICARE program during the period of such election.
    ``(f) Annual Report.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to the congressional defense
committees a report on elections by TRICARE-eligible individuals under
this section that includes the following:
            ``(1) The number of TRICARE-eligible individuals, as of the
        date of the submittal of the report, who are ineligible to
        enroll in (and receive any benefits under) the TRICARE program
        pursuant to an election under subsection (a).
            ``(2) The number of TRICARE-eligible individuals who made
        an election described under subsection (a) but, as of the date
        of the submittal of the report, are enrolled in the TRICARE
        program pursuant to a change of election under subsection (b).
    ``(g) Definitions.--In this section:
            ``(1) The term `TRICARE-eligible individual' means an
        individual who is eligible to be a covered beneficiary entitled
        to health care benefits under the TRICARE program (determined
        without regard to this section).
            ``(2) The term `special enrollment period' means the period
        in which a beneficiary under the Federal Employees Health
        Benefits program under chapter 89 of title 5 may enroll in or
        change a plan under such program by reason of a qualifying
        event or during an open enrollment season. For purposes of this
        section, such qualifying events shall also include events
        determined appropriate by the Secretary of Defense, including
        events relating to a member of the armed forces being ordered
        to active duty.''.
            (2) Conforming amendment.--The table of sections at the
        beginning of chapter 55 of such title is amended by inserting
        after the item relating to section 1097c the following new
        item:

``1097d. TRICARE program: Election of eligibility.''.

Summary: Veterans TRICARE Choice Act Allows an individual who is eligible to participate in the TRICARE program to: (1) elect to be ineligible to enroll in such program, (2) make tax deductible contributions to a health savings account during the period such individual elects to be ineligible for TRICARE coverage, and (3) enroll in the TRICARE program at a later date during a special enrollment period. Requires DOD to: (1) submit to the Internal Revenue Service information on each TRICARE-eligible individual who makes such election for purposes of determining such individual's eligibility for a health savings account. And (2) report to Congress, annually, on elections by TRICARE-eligible individuals under this Act.

Veterans TRICARE Choice Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom From Restraint Act of
1999''.

SEC. 2. INDIVIDUALS' RIGHT TO FREEDOM FROM RESTRAINT AND REPORTING OF
              SENTINEL EVENTS UNDER MEDICARE.

    (a) In General.--Part D of title XVIII of the Social Security Act
(42 U.S.C. 1395x et seq.) is amended by adding at the end the
following:

 ``individuals' freedom from restraint and reporting of sentinel events

    ``Sec. 1897. (a) Definitions.--In this section:
            ``(1) Provider of services.--The term `provider of
        services' has the meaning given that term in section 1861(u),
        except that for purposes of this section the term includes a
        psychiatric hospital but does not include a home health agency.
            ``(2) Sentinel event.--The term `sentinel event' means an
        unexpected occurrence involving an individual in the care of a
        provider of services for treatment for a psychiatric or
        psychological illness that results in death or serious physical
        or psychological injury that is unrelated to the natural course
        of the individual's illness or underlying condition.
    ``(b) Protection of Right To Be Free From Restraints.--A provider
of services eligible to be paid under this title for providing services
to an individual entitled to benefits under part A or enrolled under
part B (including an individual provided with a Medicare+Choice plan
offered by a Medicare+Choice organization under part C) shall--
            ``(1) protect and promote the right of each such individual
        to be free from physical or mental abuse, corporal punishment,
        involuntary seclusion, and any physical or chemical restraints
        imposed for purposes of discipline or convenience;
            ``(2) impose restraints--
                    ``(A) only to ensure the physical safety of the
                individual or other individuals in the care or custody
                of the provider; and
                    ``(B) only upon the written order of a physician
                that specifies the duration and circumstances under
                which the restraints are to be used (except in
                emergency circumstances specified by the Secretary
                until such an order could reasonably be obtained); and
            ``(2) submit the reports required under subsection (c).
    ``(c) Reports.--
            ``(1) Reports to agencies or entities with oversight
        authority.--
                    ``(A) In general.--A provider of services shall
                report each sentinel event that occurs to an individual
                while the individual is in the care or custody of the
                provider to--
                            ``(i) in the case of a provider of services
                        participating in the program established under
                        this title or the medicaid program under title
                        XIX as a result of accreditation by a national
                        accrediting body, the national accrediting body
                        for that provider; and
                            ``(ii) in the case of all other providers
                        of services, the Secretary or, upon agreement
                        between the Secretary and the relevant State,
                        the State agency designated by the Secretary.
                    ``(B) Investigation and further reporting of
                sentinel events.--Upon receipt of a report made
                pursuant to subparagraph (A), the agency or entity with
                oversight authority shall--
                            ``(i) ensure that the provider--
                                    ``(I) conducts an investigation of
                                the sentinel event reported;
                                    ``(II) determines the root cause or
                                causes of the sentinel event; and
                                    ``(III) establishes a time-limited
                                plan or strategy, that allows the
                                agency or entity with oversight
                                authority to review and approve the
                                analyses and any corrective actions
                                proposed or made by the provider of
                                services, to correct the problem or
                                problems that resulted in the sentinel
                                event, and to lead to risk reduction;
                                and
                            ``(ii) prepare and submit the reports
                        required under paragraph (2).
            ``(2) Reports to the secretary.--
                    ``(A) In general.--Subject to subparagraph (D), the
                agency or entity with oversight authority shall submit
                a report containing the information described in
                subparagraph (B) to the Secretary in such form and
                manner, and by such date, as the Secretary prescribes.
                    ``(B) Information to be reported.--
                            ``(i) In general.--The report submitted
                        under subparagraph (A) shall be submitted to
                        the Secretary at regular intervals, but not
                        less frequently than annually, and shall
                        include--
                                    ``(I) a description of the sentinel
                                events occurring during the period
                                covered by the report;
                                    ``(II) a description of any
                                corrective action taken by the
                                providers of services with respect to
                                the sentinel events or any other
                                measures necessary to prevent similar
                                sentinel events from occurring in the
                                future;
                                    ``(III) proposed systems changes
                                identified as a result of analysis of
                                events from multiple providers; and
                                    ``(IV) such additional information
                                as the Secretary determines to be
                                essential to ensure compliance with the
                                requirements of this section.
                            ``(ii) Information excluded.--The report
                        submitted under subparagraph (A) shall not
                        identify any individual provider of services,
                        practitioner, or individual.
                    ``(C) Additional reporting requirements when a
                provider has been identified as having a pattern of
                poor performance.--
                            ``(i) In general.--In addition to the
                        report required under subparagraph (A), the
                        agency or entity with oversight authority shall
                        report to the Secretary the name and address of
                        any provider of services with a pattern of poor
                        performance.
                            ``(ii) Determination of pattern.--The
                        agency or entity with oversight authority shall
                        determine if a pattern of poor performance
                        exists with respect to a provider of services
                        in accordance with the definition of pattern of
                        poor performance developed by the Secretary
                        under clause (iii).
                            ``(iii) Development of definition.--The
                        Secretary, in consultation with national
                        accrediting organizations and others, shall
                        develop a definition to identify a provider of
                        services with a pattern of poor performance.
                    ``(D) Authority to waive reporting requirement.--
                The Secretary may waive the requirement to submit a
                report required under this paragraph (but not a report
                regarding a sentinel event that resulted in death
                required under paragraph (3)) upon consideration of the
                severity of the sentinel event.
            ``(3) Additional reporting requirements for sentinel events
        resulting in death.--In addition to the report required under
        paragraph (1), a provider of services shall report any sentinel
        event resulting in death to--
                    ``(A) the Secretary or the Secretary's designee;
                    ``(B) the State Attorney General or, upon agreement
                with the State Attorney General, to the appropriate law
                enforcement agency;
                    ``(C) the State agency responsible for licensing
                the provider of services; and
                    ``(D) the State protection and advocacy system
                established pursuant to part C of title I of the
                Developmental Disabilities Assistance and Bill of
                Rights Act (42 U.S.C. 6041 et seq.) for the State in
                which the event occurred.
            ``(4) Responsibilities of the agency or entity with
        oversight authority.--Upon receipt of a report of a sentinel
        event that resulted in death, the agency or entity with
        oversight authority shall, in addition to the requirements of
        paragraph (2)--
                    ``(A) determine whether the death was related to
                the use of restraints or seclusion; and
                    ``(B) notify the Secretary of the determination.
            ``(5) Sanctions for failure to report.--
                    ``(A) In general.--The Secretary shall establish
                sanctions, including intermediate sanctions, as
                appropriate, for failure of a provider of services or
                an agency or entity with oversight authority to submit
                the reports and information required under this
                subsection.
                    ``(B) Removal of agency or entity with oversight
                authority.--The Secretary, after notice to an agency or
                entity with oversight authority of a provider of
                services, as determined in paragraph (1), and
                opportunity to comply, may remove the agency or entity
                of such authority if the agency or entity refuses to
                submit the reports and information required under this
                subsection.
            ``(6) Liability for reporting.--An individual, provider of
        services, agency, or entity shall be liable with respect to any
        information contained in a report required under this
        subsection if the individual, provider of services, agency, or
        entity had knowledge of the falsity of the information
        contained in the report at the time the report was submitted
        under this subsection. Nothing in the preceding sentence shall
        be construed as limiting the liability of an individual,
        provider of services, agency, or entity for damages relating to
        the occurrence of a sentinel event, including a sentinel event
        that results in death.
            ``(7) Nondisclosure of analysis.--Notwithstanding any other
        provision of law or regulation, the root cause analysis
        developed under this subsection shall be kept confidential and
        shall not be subject to disclosure or discovery in a civil
        action.
    ``(d) Establishment or Designation of Sentinel Events Database.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of this section, the Secretary shall establish or
        designate a database of information using the reports submitted
        under paragraphs (2) and (3) of subsection (c) (in this
        subsection referred to as the `Sentinel Events Database').
            ``(2) Contents.--
                    ``(A) In general.--Subject to subparagraph (B), the
                Sentinel Events Database shall include the following:
                            ``(i) The name and address of any provider
                        of services that is the subject of a report
                        submitted under subsection (c)(3), if the
                        agency or entity with oversight authority has
                        determined that the death was related to the
                        use of restraints or seclusion.
                            ``(ii) The information reported by the
                        agency or entity under subparagraphs (B) and
                        (C) of subsection (c)(2).
                    ``(B) Confidentiality.--The Secretary shall
                establish procedures to ensure that the privacy of
                individuals whose treatment is the subject of a report
                submitted under paragraph (2) or (3) of subsection (c)
                is protected.
            ``(3) Procedures for entry of information.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) prior to entry of information in the
                        Sentinel Events Database, disclose the
                        information to the provider of services that is
                        the subject of the information; and
                            ``(ii) establish procedures to--
                                    ``(I) resolve disputes regarding
                                the accuracy of the information; and
                                    ``(II) ensure the accuracy of the
                                information.
                    ``(B) No delay of sanctions.--Any sanction to be
                imposed by the Secretary against a provider of services
                or an agency or entity with oversight authority in
                relation to a sentinel event shall not be delayed as a
                result of a dispute regarding the accuracy of
                information to be entered into the database.
            ``(4) Access to the database.--
                    ``(A) Availability.--The Secretary shall establish
                procedures for making the information maintained in the
                Sentinel Events Database related to a sentinel event
                resulting in death, and any reports of sentinel
                injuries arising from those providers of services with
                a pattern of poor performance identified in accordance
                with subsection (c)(2)(C), available to Federal and
                State agencies, national accrediting bodies, health
                care researchers, and the public.
                    ``(B) Internet access.--In addition to any other
                procedures that the Secretary develops under
                subparagraph (A), the information in the Sentinel
                Events Database shall be accessible through the
                Internet.
                    ``(C) Fees for disclosure.--
                            ``(i) In general.--Subject to clause (ii),
                        the Secretary may establish or approve
                        reasonable fees for disclosing information
                        maintained in the Sentinel Events Database.
                            ``(ii) No fee for federal agencies.--No fee
                        shall be charged to a Federal agency for access
                        to the Sentinel Events Database.
                            ``(iii) Application of fees.--Fees
                        collected under this clause shall be applied by
                        the Secretary toward the cost of maintaining
                        the Sentinel Events Database.''.
    (b) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments
        made by this section take effect on the date of enactment of
        this Act.
            (2) Reporting requirements.--The reporting requirements
        under section 1897(c) of the Social Security Act, as added by
        subsection (a), shall apply to sentinel events occurring on and
        after the date of enactment of this Act.

SEC. 3. INDIVIDUALS' RIGHT TO FREEDOM FROM RESTRAINT AND REPORTING OF
              SENTINEL EVENTS UNDER MEDICAID.

    (a) State Plans for Medical Assistance.--Section 1902(a) of the
Social Security Act (42 U.S.C. 1396a(a)) is amended--
            (1) in paragraph (65), by striking the period and inserting
        ``; and''; and
            (2) by adding at the end the following:
            ``(66) provide that the State will ensure that any
        congregate care provider (as defined in section 1905(v)) that
        provides services to an individual for which medical assistance
        is available shall--
                    ``(A) protect and promote the right of each
                individual to be free from physical or mental abuse,
                corporal punishment, involuntary seclusion, and any
                physical or chemical restraints imposed for purposes of
                discipline or convenience;
                    ``(B) impose restraints only--
                            ``(i) to ensure the physical safety of the
                        individual or other individuals; and
                            ``(ii) upon the written order of a
                        physician that specifies the duration and
                        circumstances under which the restraints are to
                        be used (except in emergency circumstances
                        specified by the Secretary until such an order
                        could reasonably be obtained); and
                    ``(C) submit the reports required under subsection
                (c) of section 1897 (relating to sentinel events) in
                the same manner as a provider of services under that
                section is required to submit such reports.''.
    (b) Definition of Congregate Care Provider.--Section 1905 of the
Social Security Act (42 U.S.C. 1396d) is amended by adding at the end
the following:
    ``(v) The term `congregate care provider' means an entity that
provides hospital services, nursing facility services, services of
intermediate care facilities for the mentally retarded, hospice care,
residential treatment centers for children, services in an institution
for mental diseases, inpatient psychiatric hospital services for
individuals under age 21, or congregate care services under a waiver
authorized under section 1915(c).''.
    (c) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments
        made by this section take effect on the date of enactment of
        this Act.
            (2) Reporting requirements.--The reporting requirements
        under section 1902(a)(66)(C) of the Social Security Act (42
        U.S.C. 1396a(a)(66)(C)), as added by subsection (a), shall
        apply to sentinel events occurring on and after the date of
        enactment of this Act.

Summary: Allows the imposition of restraints: (1) only to ensure physical safety of the individual or others in the provider's care. And (2) only upon the written order of a physician specifying the duration and circumstances under which restraints are to be used . Requires the service provider to investigate the sentinel event reported and the appropriate agencies or entities to review and approve the provider's root cause analysis before reporting on the matter to the Secretary for use in the Sentinel Events Database. Directs the Secretary to establish such Database for use on the Internet, with appropriate privacy safeguards for individuals whose treatment is the subject of a report under this Act. Requires additional reporting in certain cases, including: (1) to the Secretary about a provider identified as having a pattern of poor performance. And (2) to the State Attorney General or the appropriate State law enforcement agency in sentinel events involving death. Mandates sanctions for failure to report. Bars disclosure or discovery of a root cause analysis in a civil action.

Freedom From Restraint Act of 1999


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mandates Information Act of 1998''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Before acting on proposed private sector mandates, the
        Congress should carefully consider the effects on consumers,
        workers, and small businesses.
            (2) The Congress has often acted without adequate
        information concerning the costs of private sector mandates,
        instead focusing only on the benefits.
            (3) The costs of private sector mandates are often borne in
        part by consumers, in the form of higher prices and reduced
        availability of goods and services.
            (4) The costs of private sector mandates are often borne in
        part by workers, in the form of lower wages, reduced benefits,
        and fewer job opportunities.
            (5) The costs of private sector mandates are often borne in
        part by small businesses, in the form of hiring disincentives
        and stunted growth.

SEC. 3. PURPOSES.

    The purposes of this Act are the following:
            (1) To improve the quality of the Congress' deliberation
        with respect to proposed mandates on the private sector, by--
                    (A) providing the Congress with more complete
                information about the effects of such mandates; and
                    (B) ensuring that the Congress acts on such
                mandates only after focused deliberation on the
                effects.
            (2) To enhance the ability of the Congress to distinguish
        between private sector mandates that harm consumers, workers,
        and small businesses, and mandates that help those groups.

SEC. 4. FEDERAL PRIVATE SECTOR MANDATES.

    (a) In General.--
            (1) Estimates.--Section 424(b)(2) of the Congressional
        Budget Act of 1974 (2 U.S.C. 658c(b)(2)) is amended--
                    (A) in subparagraph (A) by striking ``and'' after
                the semicolon; and
                    (B) by redesignating subparagraph (B) as
                subparagraph (C), and inserting after subparagraph (A)
                the following:
                    ``(B) when applicable, the impact (including any
                disproportionate impact in particular regions or
                industries) on consumers, workers, and small
                businesses, of the Federal private sector mandates in
                the bill or joint resolution, including--
                            ``(i) an analysis of the effect of the
                        Federal private sector mandates in the bill or
                        joint resolution on consumer prices and on the
                        actual supply of goods and services in consumer
                        markets;
                            ``(ii) an analysis of the effect of the
                        Federal private sector mandates in the bill or
                        joint resolution on worker wages, worker
                        benefits, and employment opportunities; and
                            ``(iii) an analysis of the effect of the
                        Federal private sector mandates in the bill or
                        joint resolution on the hiring practices,
                        expansion, and profitability of businesses with
                        100 or fewer employees; and''.
            (2) Point of order.--Section 424(b)(3) of the Congressional
        Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding
        after the period the following: ``If such determination is made
        by the Director, a point of order under this part shall lie
        only under section 425(a)(1) and as if the requirement of
        section 425(a)(1) had not been met.''.
            (3) Threshold amounts.--Section 425(a) of the Congressional
        Budget Act of 1974 (2 U.S.C. 658d(a)) is amended by--
                    (A) striking ``and'' after the semicolon at the end
                of paragraph (1) and redesignating paragraph (2) as
                paragraph (3); and
                    (B) inserting after paragraph (1) the following new
                paragraph:
            ``(2) any bill, joint resolution, amendment, motion, or
        conference report that would increase the direct costs of
        Federal private sector mandates (excluding any direct costs
        that are attributable to revenue resulting from tax or tariff
        provisions of any such measure if it does not raise net tax and
        tariff revenues over the 5-fiscal-year period beginning with
        the first fiscal year such measure affects such revenues) by an
        amount that causes the thresholds specified in section
        424(b)(1) to be exceeded; and''.
            (4) Application relating to appropriations committees.--(A)
        Section 425(c)(1)(A) of the Congressional Budget Act of 1974 (2
        U.S.C. 658d(c)(1)(A)) is amended by striking ``except''.
            (B) Section 425(c)(1)(B) of the Congressional Budget Act of
        1974 (2 U.S.C. 658d(c)(1)(B)) is amended--
                    (i) in clause (i) by striking
                ``intergovernmental'';
                    (ii) in clause (ii) by striking
                ``intergovernmental'';
                    (iii) in clause (iii) by striking
                ``intergovernmental''; and
                    (iv) in clause (iv) by striking
                ``intergovernmental''.
            (5) Threshold burden.--(A) Section 426(b)(2) of the
        Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(2)) is
        amended by inserting ``legislative'' before ``language''.
            (B) Section 426(b)(2) of the Congressional Budget Act of
        1974 (2 U.S.C. 658e(b)(2)) is amended by striking ``section 425
        or subsection (a) of this section'' and inserting ``part B''.
            (6) Question of consideration.--(A) Section 426(b)(3) of
        the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(3)) is
        amended by striking ``section 425 or subsection (a) of this
        section'' and inserting ``part B''.
            (B) Section 426(b)(3) of the Congressional Budget Act of
        1974 (2 U.S.C. 658e(b)(3)) is amended by inserting ``, except
        that not more than one point of order shall be recognized by
        the Chair under section 425(a)(1) or (a)(2)'' before the
        period.
            (7) Application relating to congressional budget office.--
        Section 427 of the Congressional Budget Act of 1974 (2 U.S.C.
        658f) is amended by striking ``intergovernmental''.
    (b) Rules of the House of Representatives.--Clause 5(c) of rule
XXIII of the Rules of the House of Representatives is amended by
striking ``intergovernmental'' and by striking ``section 424(a)(1)''
and inserting ``section 424 (a)(1) or (b)(1)''.
    (c) Exercise of Rulemaking Powers.--This section is enacted by
Congress--
            (1) as an exercise of the rulemaking power of the Senate
        and the House of Representatives, respectively, and as such it
        shall be considered as part of the rules of such House,
        respectively, and shall supersede other rules only to the
        extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of
        either House to change such rules (so far as relating to such
        House) at any time, in the same manner, and to the same extent
        as in the case of any other rule of each House.
    (d) Annual CBO Reports.--Within 90 calendar days after the end of
each fiscal year, the Director of the Congressional Budget Office shall
transmit a report to each House of Congress of the economic impact of
the amendments made by this Act to the Congressional Budget Act of 1974
on employment and businesses in the United States.

SEC. 5. FEDERAL INTERGOVERNMENTAL MANDATE.

    Section 421(5)(B) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 658(5)(B)) is amended--
            (1) by striking ``the provision'' after ``if'';
            (2) in clause (i)(I) by inserting ``the provision'' before
        ``would'';
            (3) in clause (i)(II) by inserting ``the provision'' before
        ``would''; and
            (4) in clause (ii)--
                    (A) by inserting ``that legislation, statute, or
                regulation does not provide'' before ``the State''; and
                    (B) by striking ``lack'' and inserting ``new or
                expanded''.

            Passed the House of Representatives May 19, 1998.

            Attest:

                                                                 Clerk.

Summary: Mandates Information Act of 1998 - Amends the Congressional Budget Act of 1974 to require a congressional committee report on any bill or joint resolution that includes any Federal private sector mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate. And (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees. Provides a point of order against consideration of legislation that would increase the direct costs of Federal private sector mandates by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded. Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate contained in such Senator's amendment. Requires the Director to report to the Congress on the economic impact of the amendments made by this Act to the Congressional Budget Act of 1974 on domestic employment and businesses. Redefines Federal intergovernmental mandate to provide that a decrease to, or a cap on, an existing Federal program which annually provides $500 million or more entitlement authority is not such a mandate unless it provides new or expanded authority to amend financial or programmatic responsibilities so as to permit required services to continue to be provided.

Mandates Information Act of 1998


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fuel-Efficient Fleets Act of 2006''.

SEC. 2. FUEL ECONOMY OF THE FEDERAL FLEET.

    Section 32917 of title 49, United States Code, is amended by adding
at the end the following:
    ``(c) New Vehicles.--
            ``(1) In general.--Except as provided in paragraph (2), or
        by a waiver granted by the Adminstrator of the General Services
        Administration, each passenger automobile purchased, or leased
        for at least 60 consecutive days, by an executive agency after
        the date of enactment of the Fuel-Efficient Fleets Act of 2006
        shall achieve a minimum fuel economy as follows:
                    ``(A) For vans (except minivans), not less than 15
                miles per gallon.
                    ``(B) For minivans, not less than 20 miles per
                gallon.
                    ``(C) For pickup trucks, not less than 24 miles per
                gallon.
                    ``(D) For sport utility vehicles, not less than 36
                miles per gallon.
                    ``(E) For passenger automobiles not described in
                subparagraphs (A) through (D), not less than 45 miles
                per gallon.
            ``(2) Phase-in period.--Of the automobiles described in
        paragraph (1), not fewer than--
                    ``(A) 25 percent of such automobiles purchased by
                an executive agency during the 1-year period beginning
                on the date of the enactment of the Fuel-Efficient
                Fleets Act of 2006 shall achieve the minimum fuel
                economy described in paragraph (1)(D);
                    ``(B) 50 percent of such automobiles purchased by
                an executive agency during the 1-year period beginning
                1 year after the date of the enactment of the Fuel-
                Efficient Fleets Act of 2006 shall achieve the minimum
                fuel economy described in paragraph (1)(D); and
                    ``(C) 75 percent of such automobiles purchased by
                an executive agency during the 1-year period beginning
                2 years after the date of the enactment of the Fuel-
                Efficient Fleets Act of 2006 shall achieve the minimum
                fuel economy described in paragraph (1)(D); and
                    ``(D) 100 percent of such automobiles purchased by
                an executive agency during the 1-year period beginning
                3 years after the date of the enactment of the Fuel-
                Efficient Fleets Act of 2006 shall achieve the minimum
                fuel economy described in paragraph (1)(D).''.

SEC. 3. FUEL ECONOMY STANDARD EVALUATION.

    (a) Study.--The Secretary of Energy, in consultation with the
Secretary of Transportation, shall annually evaluate the fuel economy
standards under section 32917(c)(1) of title 49, United States Code,
based on relevant technological advances during the previous year.
    (b) Increased Standards.--If the Secretary of Energy determines
that significant technological improvements make it feasible to achieve
higher fuel economy, the Secretary shall increase the fuel economy
standards under section 32917(c)(1) of title 49, United States Code
consistent with such determination.

SEC. 4. GRANTS TO STATES.

    (a) Grants Authorized.--The Secretary of Transportation may award
grants to assist States to purchase vans, trucks, sport utility
vehicles, minivans, or passenger automobiles that meet the fuel economy
requirements for new federal fleet vehicles described in section
32917(c) of title 49, United States Code, as added by section 2.
    (b) Eligibility.--Grants shall be made available to States that
comply with the minimum fuel economy standards described in section
32917(c) of title 49, United States Code.
    (c) Duration.--The Secretary shall award grants to eligible States
under this section for periods not to exceed 1 year.
    (d) Use of Funds.--Grants awarded under this section shall be used
to purchase vehicles that meet the fuel economy requirements described
in subsection (b).
    (e) Application.--The appropriate official of a State seeking a
grant under this section shall submit an application to the Secretary
of Transportation, at such time and in such manner as the Secretary may
require, containing a vehicle purchase plan in accordance with
subsection (b).
    (f) Authorization of Appropriations.--There are authorized to be
appropriated $100,000,000 for fiscal year 2007, which shall remain
available for the 5-year period beginning on the date of the enactment
of this Act, for grants to eligible States under this section.

SEC. 5. BUY AMERICAN PREFERENCE.

    An executive agency (as defined in section 32917(a) of title 49,
United States Code) that purchases or leases (for at least 60
consecutive days) passenger automobiles (as defined in section 32901 of
title 49, United States Code) shall, when determining which models to
purchase, give a preference to automobiles that are assembled in the
United States from components, of which not less than 50 percent were
manufactured in the United States.

Summary: Fuel-Efficient Fleets Act of 2006 - Amends federal transportation law to set forth certain phased-in minimum fuel economy standards for new federal fleet vehicles. Authorizes the award of grants to assist states in purchasing vans, trucks, sport utility vehicles, minivans, or passenger automobiles that meet the new federal fleet vehicle fuel economy standards. Subjects federal agencies to Buy American requirements requiring not less than 50 of newly purchased or leased federal fleet vehicles to be US manufactured.

A bill to amend title 49, United States Code, to set minimum fuel economy requirements for federal vehicles, to authorize grants to States to purchase fuel efficient vehicles, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Joint Committee on Agency Rule
Review Act of 2003'' or the ``JCARR Act''.

SEC. 2. ESTABLISHMENT OF A JOINT COMMITTEE ON AGENCY RULE REVIEW.

    Section 802 of title 5, United States Code, is amended by
redesignating subsection (g) as subsection (i) and by inserting before
subsection (i) the following new subsection:
    ``(h)(1) There is established a Joint Committee on Agency Rule
Review to be composed of 12 Members of the Senate to be appointed by
the majority leader of the Senate and 12 Members of the House of
Representatives to be appointed by the Speaker of the House of
Representatives. In each instance, not more than 7 Members shall be
members of the same political party.
    ``(2) In carrying out its duties under this chapter, the joint
committee, or any duly authorized subcommittee thereof, is authorized
to--
            ``(A) hold such hearings, to sit and act at such places and
        times within the United States during the sessions, recesses,
        and adjourned periods of Congress;
            ``(B) require the attendance of such witnesses and the
        production of such books, papers, and documents, administer
        such oaths, take such testimony, procure such printing and
        binding as it deems necessary; and
            ``(C) make such rules respecting its organization and
        procedures as it deems necessary, but no bill shall be reported
        from the joint committee unless a majority of the committee
        assent.
    ``(3) The members of the joint committee who are Members of the
Senate shall from time to time report to the Senate, and the members of
the joint committee who are Members of the House of Representatives
shall from time to time report to the House, by bill or otherwise,
their recommendations with respect to matters within the jurisdiction
of their respective Houses which are referred to the joint committee or
otherwise within the jurisdiction of the joint committee.
    ``(4) Vacancies in the membership of the joint committee shall not
affect the power of the remaining members to execute the functions of
the joint committee, and shall be filled in the same manner as in the
case of the original selection. The joint committee shall select a
chairman and a vice chairman from among its members at the beginning of
each Congress. The vice chairman shall act in place of the chairman in
the absence of the chairman. The chairmanship shall alternate between
the Senate and the House of Representatives with each Congress, and the
chairman shall be selected by the Members from that House entitled to
the chairmanship. The vice chairman shall be chosen from the House
other than that of the chairman by the Members from that House.
    ``(5) The joint committee may appoint and fix the compensation of
such staff as it deems necessary.
    ``(6)(A) Notwithstanding any law, rule, or other authority, there
shall be paid out of the applicable accounts of the House of
Representatives such sums as may be necessary for one-half of the
expenses of the joint committee. Such payments shall be made on
vouchers signed by the chairman or vice chairman of the joint committee
who is a Member of the House of Representatives, as the case may be,
and approved in the manner directed by the Committee on House
Administration of the House of Representatives. Amounts made available
under this paragraph shall be expended in accordance with regulations
prescribed by the Committee on House Administration of the House of
Representatives.
    ``(B) (To be supplied by the Senate).''.

SEC. 3. CONSIDERATION IN THE HOUSE OF REPRESENTATIVES AND THE SENATE.

    (a) House of Representatives.--Section 802 of title 5, United
States Code, is amended by redesignating subsection (f) as subsection
(g) and by inserting after subsection (e) the following new subsection:
    ``(f)(1) In the House, after the third legislative day after the
date on which the joint committee has reported a joint resolution
described in subsection (a), it is in order for any Member of the House
to move to proceed to consideration of the joint resolution. All points
of order against the motion to proceed and against consideration of
that motion are waived. The motion is privileged in the House and is
not debatable. The motion is not subject to amendment, or to a motion
to postpone, or to a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to proceed to the
consideration of the joint resolution is agreed to, the House shall
immediately proceed to consideration of the joint resolution without
intervening motion (except one motion to adjourn), order, or other
business.
    ``(2)(A) In the House, debate shall be confined to the joint
resolution and shall not exceed one hour equally divided and controlled
by a proponent and an opponent of the joint resolution. The previous
question shall be considered as ordered on the joint resolution to
final passage without intervening motion, except one motion to
recommit. A motion to reconsider the vote on passage of the joint
resolution shall not be in order.''.
    (b) Senate.--The first sentence of section 802(d)(1) of title 5,
United States Code, is amended by inserting ``any Member of the Senate
to make'' before ``a motion to proceed''.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Congressional Review.--Section 801(a) of title 5, United States
Code, is amended--
            (1) in paragraph (1)(A), by striking ``each House of
        Congress'' and inserting ``the joint committee'';
            (2) in paragraph (1)(B), by striking ``each House of
        Congress'' and inserting ``the joint committee'';
            (3) by amending paragraph (1)(C) to read as follows:
    ``(C) Upon receipt of a report submitted under subparagraph (A),
the chairman or vice chairman of the joint committee shall provide
copies of the report to the chairman and ranking member of each
applicable standing committee with jurisdiction under the rules of the
House of Representatives or the Senate of the subject matter of the
provision of law under which the rule is issued.'';
            (4) in paragraph (2)(A), by striking ``committees of
        jurisdiction in each House of the Congress'' and inserting
        ``joint committee'';
            (5) in paragraph (3)(A)(i), by striking ``Congress'' and
        inserting ``joint committee''; and
            (6) in paragraph (4), by striking ``Congress'' and
        inserting ``the joint committee''.
    (b) Congressional Disapproval Procedure.--Section 802 of title 5,
United States Code, is amended--
            (1) in subsection (a), by striking ``Congress'' the first
        place it appears and inserting ``the joint committee'';
            (2) by striking subsection (b) and inserting the following
        new subsection:
    ``(b) For purposes of this section, the term `submission or
publication date' means the later of the date on which--
            ``(1) the joint committee receives the report submitted
        under section 801(a)(1); or
            ``(2) the rule is published in the Federal Register, if so
        published.'';
            (3) in subsection (c), by striking ``committee to which is
        referred a joint resolution described in subsection (a) has not
        reported such'' and inserting ``joint committee has not
        reported a''; and
            (4) in subsection (d)(1), by striking ``committee to which
        is referred a joint resolution is referred has reported'' and
        inserting ``joint committee'' and by striking ``a committee''
        and inserting ``the joint committee''.
    (c) Definitions.--Section 804 of title 5, United States Code, is
amended by adding at the end the following new paragraph:
            ``(4) The term `joint committee' refers to the Joint
        Committee on Agency Rule Review.''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by it shall take effect at noon on
January 3, 2005.

Summary: Joint Committee on Agency Rule Review Act of 2003 - Amends Federal law to establish the Joint Committee on Agency Rule Review. Prescribes a procedure for expedited consideration by the House of Representatives of a joint resolution reported by such committee disapproving an agency rule.

To amend chapter 8 of title 5, United States Code, to establish the Joint Committee on Agency Rule Review.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Concussion Treatment and Care Tools
Act of 2010'' or the ``ConTACT Act of 2010''.

SEC. 2. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL-AGED
              CHILDREN.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:

``SEC. 317U. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL-
              AGED CHILDREN.

    ``(a) Concussion Management Guidelines.--
            ``(1) Establishment.--Not later than 2 years after the date
        of the enactment of this section, the Secretary shall establish
        concussion management guidelines that address the prevention,
        identification, treatment, and management of concussions (as
        defined by the Secretary) in school-aged children, including
        standards for such children to return to play after
        experiencing such a concussion, and shall make available such
        guidelines and standards to the general public, including
        health professionals.
            ``(2) Conference.--The Secretary shall convene a conference
        of medical, athletic, and educational stakeholders for purposes
        of assisting in the establishment of the guidelines.
    ``(b) Grants to States.--
            ``(1) In general.--After establishing the guidelines under
        subsection (a), the Secretary may make grants to States for
        purposes of--
                    ``(A) providing for the collection by target
                entities of information on the incidence and prevalence
                of concussions among school-aged children attending or
                participating in such entities;
                    ``(B) adopting, disseminating, and ensuring the
                implementation by target entities of the guidelines;
                    ``(C) funding implementation by target entities of
                pre-season baseline and post-injury testing, including
                computerized testing, for school-aged children; and
                    ``(D) any other activity or purpose specified by
                the Secretary.
            ``(2) Grant applications.--
                    ``(A) In general.--To be eligible to receive a
                grant under this subsection, the Secretary shall
                require a State to submit an application to the
                Secretary at such time, in such manner, and containing
                such information as the Secretary shall require.
                    ``(B) Minimum contents.--The Secretary shall
                require that an application of a State under
                subparagraph (A) contain at a minimum--
                            ``(i) a description of the strategies the
                        State will use to disseminate, and ensure the
                        implementation by target entities of, the
                        guidelines, including coordination with ongoing
                        State-based efforts to implement State laws
                        governing youth concussion management; and
                            ``(ii) an agreement by the State to
                        periodically provide data to the Secretary with
                        respect to the incidence of concussions and
                        second impact syndrome among school-aged
                        children in the State.
            ``(3) Utilization of high school sports associations, youth
        sports associations, athletic trainer associations, and local
        chapters of national brain injury organizations.--In
        disseminating and ensuring the implementation by target
        entities of the guidelines pursuant to a grant under this
        subsection, the Secretary shall require States receiving grants
        under this subsection to utilize, to the extent practicable,
        applicable expertise and services offered by high school sports
        associations, youth sports associations, athletic trainer
        associations, and local chapters of national brain injury
        organizations in such States.
    ``(c) Coordination of Activities.--In carrying out activities under
this section, the Secretary shall coordinate in an appropriate manner
with the heads of other Federal departments and agencies that carry out
activities related to concussions and other traumatic brain injuries.
    ``(d) Reports.--
            ``(1) Establishment of the guidelines.--Not later than 2
        years after the date of the enactment of this section, the
        Secretary shall submit to the Congress a report on the
        implementation of subsection (a).
            ``(2) Grant program and data collection.--Not later than 4
        years after the date of the enactment of this section, the
        Secretary shall submit to the Congress a report on the
        implementation of subsection (b), including--
                    ``(A) the number of States that have adopted the
                guidelines;
                    ``(B) the number of target entities that have
                implemented pre-season baseline and post-injury
                testing, including computerized testing, for school-
                aged children; and
                    ``(C) the data collected with respect to the
                incidence of concussions and second impact syndrome
                among school-aged children.
    ``(e) Definitions.--In this section:
            ``(1) The term `guidelines' means the concussion management
        guidelines established under subsection (a).
            ``(2) The term `return to play' means, with respect to a
        school-aged child experiencing a concussion, the return of such
        child to participating in the sport or other activity related
        to such concussion.
            ``(3) The term `school-aged children' means individuals who
        are at least 5 years of age and not more than 18 years of age.
            ``(4) The term `second impact syndrome' means catastrophic
        or fatal events that occur when an individual suffers a
        concussion while symptomatic and healing from a previous
        concussion.
            ``(5) The term `Secretary' means the Secretary of Health
        and Human Services, acting through the Director of the Centers
        for Disease Control and Prevention.
            ``(6) The term `State' means each of the 50 States and the
        District of Columbia.
            ``(7) The term `target entity' means an elementary school,
        a secondary school, or a youth sports association.''.

            Passed the House of Representatives September 30
      (legislative day September 29), 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Concussion Treatment and Care Tools Act of 2010 or the ConTACT Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish and publish concussion management guidelines that address the prevention, identification, treatment, and management of concussions in school-aged children, including standards for such children to return to play after experiencing a concussion. Requires the Secretary to convene a conference of medical, athletic, and educational stakeholders to assist in establishing such guidelines. Authorizes the Secretary to make grants to states to: (1) provide for the collection by elementary schools, secondary schools, or youth sports associations of information on the incidence and prevalence of concussions among school-aged children attending or participating in sports or activities. (2) adopt, disseminate, and ensure the implementation by such schools and associations of the guidelines. And (3) fund implementation by schools and associations of preseason baseline and post-injury testing, including computerized testing, for school aged children. Directs the Secretary to require states receiving grants under this Act to utilize applicable expertise and services offered by high school sports associations, youth sports associations, athletic trainer associations, and local chapters of national brain injury organizations in such states. Requires the Secretary to coordinate with the heads of other federal departments and agencies that carry out activities related to concussions and other traumatic brain injuries. Sets forth reporting requirements.

To amend title III of the Public Health Service Act to provide for the establishment and implementation of concussion management guidelines with respect to school-aged children, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Relief Act of 2007''.

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

    (a) Allowance of Credit.--
            (1) In general.--Subpart C of part IV of subchapter A of
        chapter 1 of the Internal Revenue Code of 1986 (relating to
        refundable personal credits) is amended by redesignating
        section 36 as section 37 and by inserting after section 35 the
        following new section:

``SEC. 36. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS.

    ``(a) Allowance of Credit.--In the case of a previously uninsured
individual, there shall be allowed as a credit against the tax imposed
by this subtitle for the taxable year an amount equal to the amount
paid by the taxpayer during such taxable year for health insurance
coverage for the taxpayer and the taxpayer's spouse and dependents.
    ``(b) Limitation.--The amount allowed as a credit under subsection
(a) for the taxable year shall not exceed $1,000 ($2,000 in the case of
a joint return filed by 2 previously uninsured individuals).
    ``(c) Definitions.--For purposes of this section--
            ``(1) Previously uninsured individual.--The term
        `previously uninsured individual' means any individual who had
        no health insurance coverage at any time during the 6-month
        period before the earliest date that such individual has health
        insurance coverage by reason of the payments taken into account
        under subsection (a).
            ``(2) Health insurance coverage.--The term `health
        insurance coverage' has the meaning given to such term by
        section 9832(b)(1).
    ``(d) Special Rules.--
            ``(1) Coordination with other benefits.--The amount which
        would (but for this paragraph) be taken into account by the
        taxpayer under sections 35, 162(l), 213, 220, or 223 for the
        taxable year shall be reduced by the credit allowed by this
        section to the taxpayer for such year.
            ``(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.''.
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting ``, 36,'' after ``35''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of the Internal Revenue Code of 1986
        is amended by striking the last item and inserting the
        following:

``Sec. 36. Health insurance costs of previously uninsured individuals.
``Sec. 37. Overpayments of tax.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.

SEC. 3. CREDIT FOR HEALTH INSURANCE EXPENSES OF SMALL BUSINESSES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:

``SEC. 45O. SMALL BUSINESS HEALTH INSURANCE EXPENSES.

    ``(a) General Rule.--For purposes of section 38, in the case of a
small employer, the health insurance credit determined under this
section for the taxable year is an amount equal to 35 percent of the
expenses paid by the taxpayer during the taxable year for health
insurance coverage for such year provided under a new health plan for
employees of such employer.
    ``(b) Limitations.--
            ``(1) Per employee dollar limitation.--The amount of
        expenses taken into account under subsection (a) with respect
        to any employee for any taxable year shall not exceed--
                    ``(A) $800 in the case of self-only coverage, and
                    ``(B) $2,000 in the case of family coverage.
        In the case of an employee who is covered by a new health plan
        of the employer for only a portion of such taxable year, the
        limitation under the preceding sentence shall be an amount
        which bears the same ratio to such limitation (determined
        without regard to this sentence) as such portion bears to the
        entire taxable year.
            ``(2) Period of coverage.--Expenses may be taken into
        account under subsection (a) only with respect to coverage for
        the 4-year period beginning on the date the employer
        establishes a new health plan.
            ``(3) Employer must bear 65 percent of cost.--Expenses may
        be taken into account under subsection (a) only if at least 65
        percent of the cost of the coverage (without regard to this
        section) is borne by the employer.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Health insurance coverage.--The term `health
        insurance coverage' has the meaning given such term by section
        9832(b)(1).
            ``(2) New health plan.--
                    ``(A) In general.--The term `new health plan' means
                any arrangement of the employer which provides health
                insurance coverage to employees if--
                            ``(i) such employer (and any predecessor
                        employer) did not establish or maintain such
                        arrangement (or any similar arrangement) at any
                        time during the 2 taxable years ending prior to
                        the taxable year in which the credit under this
                        section is first allowed, and
                            ``(ii) such arrangement provides health
                        insurance coverage to at least 70 percent of
                        the qualified employees of such employer.
                    ``(B) Qualified employee.--The term `qualified
                employee' means any employee of an employer and shall
                include a leased employee within the meaning of section
                414(n).
            ``(3) Small employer.--The term `small employer' has the
        meaning given to such term by section 4980D(d)(2); except
        that--
                    ``(A) only qualified employees shall be taken into
                account, and
                    ``(B) such section shall be applied by substituting
                `100 employees' for `50 employees'.
    ``(d) Special Rules.--
            ``(1) Certain rules made applicable.--For purposes of this
        section, rules similar to the rules of section 52 shall apply.
            ``(2) Amounts paid under salary reduction arrangements.--No
        amount paid or incurred pursuant to a salary reduction
        arrangement shall be taken into account under subsection (a).
            ``(3) Inflation adjustment.--In the case of any taxable
        year beginning in a calendar year after 2008, each dollar
        amount contained in subsection (b) shall be increased by an
        amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) 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 2006' for `calendar year 1992' in
                subparagraph (B) thereof.
        Any increase determined under the preceding sentence shall be
        rounded to the nearest multiple of $50.
    ``(e) Termination.--This section shall not apply to expenses paid
or incurred by an employer with respect to any arrangement established
on or after January 1, 2014.''.
    (b) Credit To Be Part of General Business Credit.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting ``, plus'', and by adding at
the end the following:
            ``(32) in the case of a small employer (as defined in
        section 45O(c)(3)), the health insurance credit determined
        under section 45O(a).''.
    (c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
    ``(e) Credit for Small Business Health Insurance Expenses.--
            ``(1) In general.--No deduction shall be allowed for that
        portion of the expenses (otherwise allowable as a deduction)
        taken into account in determining the credit under section 45O
        for the taxable year which is equal to the amount of the credit
        determined for such taxable year under section 45O(a).
            ``(2) Controlled groups.--Persons treated as a single
        employer under subsection (a) or (b) of section 52 shall be
        treated as 1 person for purposes of this section.''.
    (d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following:

``Sec. 45O. Small business health insurance expenses.''.
    (e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2007, for arrangements established after the date of the
enactment of this Act.

Summary: Health Care Relief Act of 2007 - Amends the Internal Revenue Code to allow: (1) a refundable tax credit up to $1,000 for the health insurance coverage costs of a previously uninsured taxpayer, the taxpayer's spouse, and dependents. And (2) certain small business employers a business tax credit for amounts paid under a new health plan for employee health insurance coverage.

To amend the Internal Revenue Code of 1986 to allow previously uninsured individuals a refundable credit for health insurance costs and to provide tax incentives to encourage small business health plans.