SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Medicare Reimbursement
Demonstration Act of 1997''.

SEC. 2. ESTABLISHMENT OF DEMONSTRATION PROJECT.

    (a) Authority.--
            (1) In general.--The Secretary of Veterans Affairs and the
        Secretary of Health and Human Services shall jointly carry out
        a demonstration project under which the Secretary of Health and
        Human Services provides the Department of Veterans Affairs with
        reimbursement, determined in accordance with section 3, from
        the medicare program for health care services provided to
        targeted medicare-eligible veterans in or through facilities of
        the Department of Veterans Affairs selected under subsection
        (b).
            (2) Duration.--The Secretaries shall conduct the
        demonstration project during the three-year period beginning on
        January 1, 1998.
            (3) Waiver of certain medicare requirements.--To the extent
        necessary to carry out the demonstration project, the Secretary
        of Health and Human Services may waive any requirement of part
        B of title XI of the Social Security Act, title XVIII of that
        Act, or a related provision of law.
    (b) Selection of Participating Facilities.--
            (1) Designation of service areas covered.--The Secretary of
        Veterans Affairs shall designate up to three geographic service
        areas from which facilities are selected to participate in the
        demonstration project.
            (2) Facility selection.--
                    (A) In general.--The Secretary, in consultation
                with the Secretary of Health and Human Services, shall
                establish a plan for the selection of facilities under
                the jurisdiction of the Secretary and located within a
                geographic service area designated under paragraph (1)
                to participate in the project.
                    (B) General criteria.--The selection plan shall
                favor selection of those facilities that are suited to
                serve targeted medicare-eligible individuals because--
                            (i) there is a high potential demand by
                        targeted medicare-eligible veterans for their
                        services;
                            (ii) they have sufficient capability in
                        billing and accounting to participate;
                            (iii) they have favorable indicators of
                        quality of care, including patient
                        satisfaction; and
                            (iv) they meet other relevant factors
                        identified in the plan.
                    (C) Facility near closed base.--There shall be at
                least one facility selected that is in the same
                catchment area as a military medical facility which was
                closed pursuant to either of the following laws:
                            (i) The Defense Base Closure and
                        Realignment Act of 1990 (part A of title XXIX
                        of Public Law 101-510; 10 U.S.C. 2687 note).
                            (ii) Title II of the Defense Authorization
                        Amendments and Base Closure and Realignment Act
                        (Public Law 100-526; 10 U.S.C. 2687 note).
    (c) Voluntary Participation.--Participation of targeted medicare-
eligible veterans in the demonstration project shall be voluntary,
subject to the capacity of participating facilities and the funding
limitations specified in section 3.
    (d) Cost Sharing.--The Secretary shall establish cost-sharing
requirements for veterans participating in the demonstration project.
Those requirements shall be the same as the requirements that apply to
targeted medicare-eligible patients at nongovernmental facilities.
    (e) Crediting of Payments.--Payments received by the Secretary
under the demonstration project shall be credited to the applicable
Department of Veterans Affairs medical appropriation.

SEC. 3. DETERMINATION OF REIMBURSEMENT AMOUNTS.

    (a) Payments Based on 95 Percent of Regular Medicare Payment
Rates.--
            (1) In general.--Subject to the succeeding provisions of
        this section, the Secretary of Health and Human Services shall
        reimburse the Secretary of Veterans Affairs for services
        provided under the demonstration project at a rate equal to 95
        percent of the amounts that otherwise would be payable under
        the medicare program on a non-capitated basis for such services
        if the facility were not a Federal facility, were participating
        in the program, and imposed charges for such services. In cases
        in which a payment amount may not otherwise be readily
        computed, the Secretaries shall establish rules for computing
        equivalent or comparable payment amounts.
            (2) Periodic payments from medicare trust funds.--Payments
        under this section shall be made--
                    (A) on a periodic basis consistent with the
                periodicity of payments under the medicare program; and
                    (B) in appropriate part, as determined by the
                Secretary of Health and Human Services, from the
                Federal Hospital Insurance Trust Fund and the Federal
                Supplementary Medical Insurance Trust Fund.
            (3) Annual limit on medicare payments.--The amount paid to
        the Department of Veterans Affairs under this section for any
        year for the demonstration project may not exceed $50,000,000.
    (b) Reduction in Payment for Failure to Maintain VA Effort.--
            (1) In general.--In order to avoid shifting onto the
        medicare program the costs of the Department of Veterans
        Affairs for hospital care and medical services for targeted
        medicare-eligible veterans, the payment amounts under this
        section for the project for a year shall be reduced by the
        amount (if any) by which--
                    (A) the amount of the actual VA medical
                expenditures for targeted veterans (as defined in
                paragraph (3)) for the fiscal year ending in such year,
                is less than
                    (B) the amount of the maintenance of effort level
                for such fiscal year, as determined under paragraph
                (2).
            (2) Maintenance of effort levels.--The maintenance of
        effort level for any fiscal year is the amount equal to the
        maintenance of effort level for the preceding fiscal year or,
        in the case of fiscal year 1998, the amount of VA medical
        expenditures for targeted veterans (as defined in paragraph
        (3)) for fiscal year 1997--
                    (A) increased or decreased by the same percentage
                as the percentage by which the amount of the medical
                care appropriation for the Department of Veterans
                Affairs for that fiscal year exceeds (or is less than,
                respectively) the amount of such appropriation for the
                preceding fiscal year; and
                    (B) decreased by the amount of the decrease (if
                any) in VA medical expenditures for targeted veterans
                for that fiscal year (relative to the preceding fiscal
                year) that, as estimated by the Secretaries, results
                from--
                            (i) a rate of increase in the level of
                        medical care appropriations for the Department
                        of Veterans Affairs described in subparagraph
                        (A) that is less than the general rate of
                        increase in health care costs; and
                            (ii) the reduction in priority in delivery
                        of services to targeted medicare-eligible
                        veterans attributable to the amendments made by
                        title I of the Veterans' Health Care
                        Eligibility Reform Act of 1996 (Public Law 104-
                        262; 110 Stat. 3177) and to implementation of
                        the plan developed pursuant to section 429 of
                        Public Law 104-204 (110 Stat. 2929).
            (3) VA medical expenditures for targeted veterans
        defined.--For purposes of this subsection, the term ``VA
        medical expenditures for targeted veterans'' means, with
        respect to a fiscal year, the amount expended by the Department
        of Veterans Affairs during the fiscal year for providing
        hospital care and medical services under chapter 17 of title
        38, United States Code to targeted medicare-eligible veterans.
        Such amount does not include--
                    (A) expenditures for the conduct of medical
                examinations to adjudicate claims under such title, or
                    (B) expenditures attributable to services for which
                reimbursement is made under the demonstration project.
    (c) Assuring No Increase in Cost to Medicare Program.--
            (1) Monitoring impact on costs to medicare program.--
                    (A) In general.--The Secretaries, in consultation
                with the Comptroller General, shall closely monitor the
                expenditures made under the medicare program for
                targeted medicare-eligible veterans during the period
                of the demonstration project compared to the
                expenditures that would have been made for such
                veterans during that period if the demonstration
                project had not been conducted.
                    (B) Auditing by the comptroller general.--Not later
                than December 31 of each year during which the
                demonstration project is conducted, the Comptroller
                General shall determine and submit to the Secretaries
                and the appropriate committees of Congress a report on
                the extent, if any, to which the costs of the Secretary
                of Health and Human Services under the medicare program
                increased during the preceding fiscal year as a result
                of the demonstration project.
            (2) Required response in case of increase in costs.--
                    (A) In general.--If the Secretaries find, based on
                paragraph (1), that the expenditures under the medicare
                program increased (or are expected to increase) during
                a fiscal year because of the demonstration project, the
                Secretaries shall take such steps as may be needed--
                            (i) to recoup for the medicare program the
                        amount of such increase in expenditures; and
                            (ii) to prevent any such increase in the
                        future.
                    (B) Steps.--Such steps--
                            (i) under subparagraph (A)(i) shall include
                        payment of the amount of such increased
                        expenditures by the Secretary from the current
                        medical care appropriation of the Department of
                        Veterans Affairs to the trust funds under the
                        medicare trust program; and
                            (ii) under subparagraph (A)(ii) shall
                        include suspending or terminating the
                        demonstration project (in whole or in part) or
                        substitution of a lower percentage for 95
                        percent under subsection (a)(1).

SEC. 4. EVALUATION AND REPORTS.

    (a) Annual Report by Independent Entity.--
            (1) In general.--The Secretaries shall arrange for an
        independent entity with expertise in the evaluation of health
        services to conduct an ongoing evaluation of the demonstration
        project.
            (2) Annual reports.--The entity shall submit a report on
        the project jointly to the Secretaries and to the appropriate
        committees of the Congress not later than March 1 following
        each year during which the project is conducted.
            (3) Assessment.--Each such report shall include the results
        of the evaluation under subsection (a), including an assessment
        of each of the following:
                    (A) The cost to the Department of Veterans Affairs
                of providing care to veterans under the project.
                    (B) Compliance of participating facilities with
                applicable measures of quality of care, compared to
                such compliance for other medicare-participating
                facilities.
                    (C) A comparison of the costs of facilities'
                participation in the program with the reimbursements
                provided for services of such facilities.
                    (D) Any savings or costs to the medicare programs
                from the project.
                    (E) Any change in access to care or quality of care
                for targeted medicare-eligible veterans participating
                in the project.
                    (F) Any effect of the project on the access to care
                of veterans who did not participate in the project and
                of targeted medicare-eligible veterans.
    (b) Report on Extension and Expansion of Demonstration Project.--
Not later than six months after the date of the submission of the final
report under subsection (a), the Secretaries shall submit to the
Congress a report containing their recommendation as to--
            (1) whether to extend the demonstration project or make it
        permanent;
            (2) whether to expand the project to cover additional sites
        and areas and to increase the maximum amount of reimbursement
        under the project in any year; and
            (3) whether the terms and conditions of the project should
        be continued (or modified) if the project is extended or
        expanded.
    (c) Recommendation Concerning New Demonstration Project for Payment
to Managed Health-Care Plans.--Not later than March 1, 1999, the
Secretaries shall submit to the appropriate committees of the Congress
a report on the feasibility and advisability of establishing a new
demonstration project to reimburse the Secretary of Veterans Affairs
under section 1876(a) of the Social Security Act for health care
services furnished to targeted medicare-eligible veterans enrolled in
managed health-care plans established by the Secretary.

SEC. 5. DEFINITIONS.

    For the purpose of this Act:
            (1) Demonstration project; project.--The terms
        ``demonstration project'' and ``project'' mean the
        demonstration project carried out under section 2(a).
            (2) Geographic service area.--The term ``geographic service
        area'' means a field component of the Veterans Health
        Administration that--
                    (A) is based on a geographic area which encompasses
                a population of veteran beneficiaries and is defined on
                the basis of natural patient referral patterns; and
                    (B) provides health care through strategic
                alliances among Department of Veterans Affairs medical
                centers, clinics, and other sites.
            (3) Medicare program.--The term ``medicare program'' means
        the programs of health benefits provided under title XVIII of
        the Social Security Act (42 U.S.C. 1395 et seq.).
            (4) Secretary; secretaries.--Unless otherwise provided, the
        term ``Secretary'' means the Secretary of Veterans Affairs and
        the term ``Secretaries'' means the Secretary of Veterans
        Affairs and the Secretary of Health and Human Services acting
        jointly.
            (5) Targeted medicare-eligible veteran.--The term
        ``targeted medicare-eligible veteran'' means an individual--
                    (A) who is a veteran (as defined in section 101(2)
                of title 38, United States Code) described in section
                1710(a)(3) of title 38, United States Code;
                    (B) who is entitled to hospital insurance benefits
                under part A of the medicare program and enrolled in
                the supplementary medical insurance program under part
                B of the medicare program; and
                    (C) whose annual income is an amount between the
                applicable income threshold under section 1722(b) of
                title 38, United States Code, and the amount equal to
                three times the amount of such applicable income
                threshold.

Summary: Veterans Medicare Reimbursement Demonstration Act of 1997 - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly carry out a demonstration project, during the three-year period beginning on January 1, 1998, under which the HHS Secretary provides the VA with reimbursement from the Medicare program for health-care services provided to targeted Medicare-eligible veterans in or through selected VA medical centers. Provides for the waiver of certain Medicare requirements in order to carry out the project. Requires the VA Secretary to establish a plan for the selection of up to 12 medical centers located in geographically dispersed locations for project participation. Requires at least one medical center selected to be in the same catchment area as a military medical facility which was closed pursuant to a defense base closure law. Requires project participation to be voluntary. Directs the VA Secretary to establish requirements for participating veterans. Authorizes the VA Secretary, in carrying out the demonstration project, to operate managed health care plans, either through the VA or public or private entities. Directs the Secretary to prescribe minimum health care benefits to be provided under such plans. Allows the Secretary to establish a managed health care plan only after: (1) reporting to the Congress a plan for the use of such centers and facilities. And (2) receiving from the VA Inspector General certain certifications relating to costs and conformity with health plan requirements. Requires project reimbursement at a rate equal to 95 percent of amounts that would otherwise be payable under the Medicare program if the facility was not a Federal facility, was participating in the project, and imposed charges for such services. Excludes certain amounts from such computation. Requires reimbursement payments periodically from Medicare trust funds, with an annual Medicare payment limit of $50 million, of which no more than $10 million may be used for the conduct of the project through managed health care plans. Requires reductions in such payments when the amount of the actual VA effort level for targeted veterans for that fiscal year is less than the amount of the VA effort level for FY 1997. Directs the Secretaries to compare the expenditures made under the project to the expenditures that would have been made for such veterans if the project had not been conducted, and to take appropriate steps if the expenditures under the Medicare program increased as a result of the project. Requires annual reports by the Comptroller General. Prohibits the VA Secretary from carrying out a demonstration project at a medical center until 30 days after reporting to the Congress on plans for the selection of appropriate centers. Requires: (1) an independent entity to conduct an ongoing project evaluation and report results to the Secretaries and appropriate congressional committees. And (2) a report from the Secretaries to the Congress on possible project extension and expansion.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Television Consumer
Education Act of 2007''.

SEC. 2. CONSUMER EDUCATION.

    (a) Consumer Education Requirements.--Section 330 of the
Communications Act of 1934 (47 U.S.C. 330) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new
        subsection:
    ``(d) Consumer Education Requirements Regarding Analog Receivers.--
            ``(1) Requirements for retailers.--Not later than 45 days
        after the date of enactment of the Digital Television Consumer
        Education Act of 2007--
                    ``(A) any retail distributor that displays for sale
                or rent any analog-only television sets shall place
                conspicuously in the vicinity of such television sets a
                sign containing, in clear and conspicuous print, the
                consumer alert described in paragraph (2); and
                    ``(B) any retail distributor that offers for sale
                or rent such television sets via direct mail, catalog,
                or electronic means shall prominently display in the
                vicinity of all advertisements or descriptions of such
                television sets, in clear and conspicuous print, the
                consumer alert described in paragraph (2).
            ``(2) Digital television transition information.--The
        consumer alert required by this paragraph shall read as
        follows:
                    ```consumer alert
                    ```This TV has only an analog broadcast tuner and
                will require a converter box after February 17, 2009,
                to receive over-the-air broadcasts with an antenna
                because of the Nation's transition to digital
                broadcasting. The TV should continue to work as before
                with cable and satellite TV services, gaming consoles,
                VCRs, DVD players, and similar products. For more
                information, call the Federal Communications Commission
                at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the
                Commission's digital television website at:
                www.dtv.gov.'.
            ``(3) MVPD outreach.--During the period beginning May 1,
        2007, and ending February 17, 2009, each multichannel video
        programming distributor (as such term is defined in section 602
        of this Act) shall include a notice in any monthly or other
        periodic bill that informs consumers of--
                    ``(A) the digital television transition; and
                    ``(B) the options consumers have after the
                transition to continue to receive broadcast
                programming, including over the air or through a
                multichannel video programming distribution service.
            ``(4) Broadcaster outreach.--During the period beginning on
        May 1, 2007, and ending November 3, 2008, each full-power
        commercial television broadcast licensee or permittee shall
        file, at least once every 90 days, either individually or
        jointly (such as through an association), a report with the
        Commission indicating the steps each such licensee or permittee
        has taken during the preceding 90 days, and any steps such
        licensee or permittee plans to take in the 90 days following
        the report, to inform consumers of the information described in
        subparagraphs (A) and (B) of paragraph (3). Each such report
        shall indicate for each such licensee or permittee the time,
        frequency, and content of any public service announcements
        relating to the digital television transition that it has
        aired, or that it has not aired any.
            ``(5) Penalty.--In addition to any other civil or criminal
        penalty provided by law, the Commission may issue civil
        forfeitures for violations of the requirements of this
        subsection in an amount equal to not more than 3 times the
        amount of the forfeiture penalty established by section
        503(b)(2)(A).
            ``(6) Sunset.--The requirements of this subsection shall
        cease to apply on December 1, 2009.
            ``(7) Definition.--For the purposes of this subsection, the
        term `analog-only television set' means any apparatus that--
                    ``(A) is designed to receive broadcast television
                signals;
                    ``(B) has an integrated display screen or is sold
                in a bundle with a display screen; and
                    ``(C) is not capable of receiving broadcast signals
                in the digital television service.''.
    (b) Commission Outreach.--
            (1) In general.--Not later than 30 days after the date of
        enactment of this Act, the Federal Communications Commission
        shall establish and maintain a digital television transition
        public outreach program. The Commission may seek the assistance
        of private entities, such as broadcasters, manufacturers,
        retailers, multichannel video programming distributors, and
        consumer groups in administering the program. The digital
        television transition public outreach program shall educate
        consumers about--
                    (A) the digital television transition;
                    (B) the options consumers have after the transition
                to continue to receive broadcast programming, including
                over the air or through a multichannel video
                programming distribution service; and
                    (C) the converter-box program under section 3005 of
                the Digital Television Transition and Public Safety Act
                of 2005 (47 U.S.C. 309 note).
            (2) Website.--The Commission shall maintain and publicize a
        website, or an easily accessible page on its website,
        containing the digital television transition public outreach
        information required under paragraph (1), as well as any links
        to other websites the Commission determines to be appropriate.
            (3) DTV working group on consumer outreach and
        assistance.--
                    (A) In general.--Not later than 30 days after the
                date of enactment of this Act, the Federal
                Communications Commission shall establish an advisory
                committee, to be known as the DTV Working Group, to
                consult with State and local governments, providers of
                low-income assistance programs, educational
                institutions, community groups, and the National
                Telecommunications and Information Administration to
                promote consumer outreach and assistance regarding the
                digital television transition and the converter-box
                program under section 3005 of the Digital Television
                Transition and Public Safety Act of 2005 (47 U.S.C. 309
                note).
                    (B) Membership.--The Federal Communications
                Commission shall invite to participate in the DTV
                Working Group representatives of groups involved with
                the transition to digital television, including the
                Commission, the National Telecommunications and
                Information Administration, other relevant Federal
                agencies, commercial and noncommercial television
                broadcasters, multichannel video programming
                distributors, consumer electronics manufacturers and
                manufacturers of peripheral devices, broadcast antenna
                and tuner manufacturers, retail providers of consumer
                electronics equipment, consumer groups, and public
                interest groups (including the American Association of
                Retired Persons and the Seniors Coalition). Members of
                the DTV Working Group shall serve without compensation
                and shall not be considered Federal employees by reason
                of their service on the advisory committee.
                    (C) Purposes.--The purposes of the DTV Working
                Group are--
                            (i) to provide ongoing advice to the
                        Federal Communications Commission in creating
                        and implementing the public outreach program
                        under this subsection;
                            (ii) to advise the Commission about the
                        procedures of the public outreach program
                        including, at a minimum, recommended procedures
                        for public service announcements by
                        broadcasters, toll-free information hotlines,
                        and retail displays or notices; and
                            (iii) to provide to the Commission regular
                        DTV Progress Reports that reflect ongoing and
                        planned efforts by the private sector, both
                        nationally and in individual television
                        broadcast markets, to inform consumers about
                        the digital television transition.
    (c) Converter-Box Energy Standards.--Section 3005 of the Digital
Television Transition and Public Safety Act of 2005 (47 U.S.C. 309
note) is amended by adding at the end the following new subsection:
    ``(e) Converter-Box Energy Standards.--
            ``(1) Energy standards.--Not later than 90 days after the
        date of enactment of the Digital Television Consumer Education
        Act of 2007, the Assistant Secretary of Commerce for
        Communications and Information shall establish energy
        consumption standards applicable to digital-to-analog converter
        boxes (as defined in subsection (d)) in order for such boxes to
        qualify for purchase with coupons made available under this
        section.
            ``(2) Inapplicability.--Notwithstanding any other provision
        of law, the standards described in paragraph (1) shall be the
        exclusive energy consumption standards for converter boxes
        manufactured or imported for use in the United States on and
        after the effective date established by the Assistant Secretary
        and until January 1, 2010.''.

SEC. 3. PROGRESS REPORTS.

    (a) During the period beginning on June 1, 2007, and ending on
December 1, 2008, the Federal Communications Commission shall submit a
report, not less than once every 180 days, to the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate. Such reports shall
include information regarding--
            (1) the status of the Commission's international
        coordination efforts with Canada and Mexico of the digital
        television service table of allotments; and
            (2) the Commission's consumer education efforts, as well as
        the consumer education efforts of broadcasters, multichannel
        video programming distributors, consumer electronics
        manufacturers, retailers, and consumer groups.
    (b) During the period beginning on April 1, 2008, and ending on
October 1, 2009, the Assistant Secretary of the National
Telecommunications and Information Administration shall submit a
report, not less than once every 90 days, to the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate summarizing the
progress of coupon distribution and redemption under Section 3005 of
the Digital Television Transition and Public Safety Act of 2005 (47
U.S.C. 309 note), including--
            (1) the number of coupons distributed and redeemed;
            (2) the amount of time it takes for coupons to be
        distributed and redeemed; and
            (3) the cost of the coupons and administrative costs, to
        date.

Summary: Digital Television Consumer Education Act of 2007 - Amends the Communications Act of 1934 to require through December 1, 2009: (1) retail distributors that sell or rent televisions with analog receivers, including distributors that sell by direct mail or electronic means, to prominently display a specified consumer alert respecting digital television transition information. (2) multichannel video programming distributors to include specified transition information in consumer bills. And (3) full-power commercial television broadcast licensees or permittees to report at least quarterly to the Federal Communications Commission (FCC) respecting transition education efforts to consumers. Authorizes the FCC to issue civil forfeitures for violations of such requirements. Requires the FCC to establish: (1) a digital television public outreach program, including FCC website information. And (2) the DTV Working Group to consult with state and local governments, providers of low-income assistance programs, educational institutions, community groups, and the National Telecommunications and Information Administration to promote consumer outreach regarding such transition and the converter-box program. Amends the Digital Television Transition and Public Safety Act of 2005 to require the Assistant Secretary of Commerce for Communications and Information to establish energy consumption standards applicable to digital-to-analog converter boxes in order for such boxes to qualify for certain coupon purchases. States that such standards shall be the exclusive energy consumption standards for converter boxes manufactured or imported for use in the United States on and after the effective date established by the Assistant Secretary and until January 1, 2010.

To further inform consumers about the transition to digital television.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Defense Overseas
Educators Act''.

SEC. 2. TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT OF DISPLACED
              TEACHERS.

    (a) Definitions.--For the purpose of this section--
            (1) the term ``agency'' means an Executive agency (as
        defined by section 105 of title 5, United States Code),
        excluding the General Accounting Office;
            (2) the term ``DoDDS teacher'' means a teacher within the
        meaning of section 2(2) of the Defense Department Overseas
        Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2));
        and
            (3) the term ``displaced employee'' means--
                    (A) a DoDDS teacher who has been given specific
                notice that such individual is to be separated due to a
                reduction in force; and
                    (B) any individual who has been involuntarily
                separated from service as a DoDDS teacher due to a
                reduction in force.
    (b) Consideration for Vacant Positions.--In accordance with
regulations which the Office of Personnel Management shall prescribe
(consistent with otherwise applicable provisions of law), an agency
shall, in filling a vacant position for which a qualified displaced
employee has applied in timely fashion, give full consideration to the
application of the displaced employee before selecting any candidate
from outside the agency for the position.
    (c) Limitation.--A displaced employee shall remain entitled to the
consideration described in subsection (b) until the end of the 12-month
period beginning on--
            (1) the date such employee receives the specific notice
        described in subsection (a)(3)(A); or
            (2) if the employee is involuntarily separated (as
        described in subsection (a)(3)(B)), the effective date of the
        separation.
    (d) Applicability.--
            (1) In general.--This section shall apply to any individual
        who--
                    (A) becomes a displaced employee during the 12-
                month period ending on the day before the date of
                enactment of this Act; or
                    (B) becomes a displaced employee on or after the
                date of enactment of this Act and before October 1,
                1997.
            (2) Rule for applying the 12-month limitation to current
        displaced employees.--For the purpose of any displaced employee
        described in paragraph (1)(A), the 12-month period under
        subsection (c) shall be considered to begin on the date of
        enactment of this Act, rather than the date which would
        otherwise be required by subsection (c).
            (3) Positions to which this section shall not apply.--
        Nothing in this section shall be considered to apply with
        respect to any position--
                    (A) which has been filled as of the date of
                enactment of this Act; or
                    (B) which has been excepted from the competitive
                service because of its confidential, policy-
                determining, policy-making or policy-advocating
                character.

SEC. 3. TEACHER RECRUITMENT.

    (a) Amendment Relating to Benefits for Teachers Recruited Abroad.--
            (1) In general.--Section 5 of the Defense Department
        Overseas Teachers Pay and Personnel Practices Act (20 U.S.C.
        903) is amended by redesignating subsection (d) as subsection
        (e), and by inserting after subsection (c) the following:
    ``(d)(1) Each individual recruited outside the United States for
service in a teaching position shall, after such individual completes 1
full school year of service in a teaching position, be entitled to the
same benefits as an individual recruited in the United States, to the
extent that such benefits are based on service in a teaching position.
    ``(2)(A) Paragraph (1) shall not apply in the case of any
individual who is the spouse of, and residing in the same household as,
a member of a uniformed service who is eligible (as such a member) for
benefits comparable to those described in section 7 or 8 of this Act.
    ``(B) An individual shall not be considered to have ceased to
reside in the same household as a member if due to a reassignment of
such member for 90 days or less.''.
            (2) Service to be considered.--In administering the
        amendment made by paragraph (1), service performed before, on,
        or after the date of enactment of this Act shall be considered.
    (b) Amendment Relating to the Definition of a ``Teaching
Position''.--Paragraph (1) of section 2 of the Defense Department
Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(1)) is
amended by striking the period at the end of subparagraph (B)(iii) and
inserting a comma, and by adding at the end of such paragraph the
following:
        ``including those cases in which such duties and
        responsibilities are performed--
                    ``(I) in a substitute capacity;
                    ``(II) as a summer school teacher;
                    ``(III) as an instructor for the Junior Reserve
                Officers' Training Corps;
                    ``(IV) as a paraprofessional or teacher aide;
                    ``(V) for a definite term, not to exceed 1 school
                year, in the excepted service; or
                    ``(VI) for an indefinite term in the excepted
                service.''.

SEC. 4. COMPENSATION; LEAVE TRANSFERS; RECERTIF- ICATION.

    (a) Compensation; Leave Transfers.--The Defense Department Overseas
Teachers Pay and Personnel Practices Act (20 U.S.C. 901 and following)
is amended--
            (1) in sections 4(a)(2) and 5(c) by striking ``urban''; and
            (2) in section 6 by adding at the end the following:
    ``(h) The Director of Dependents' Education, in consultation with
the Director of the Office of Personnel Management, shall establish for
teachers--
            ``(1) a voluntary leave transfer program similar to the one
        under subchapter III of chapter 63 of title 5, United States
        Code; and
            ``(2) a voluntary leave bank program similar to the one
        under subchapter IV of chapter 63 of title 5, United States
        Code.''.
    (b) Recertification.--Paragraph (5) of section 1413 of the Defense
Dependents' Education Act of 1978 (20 U.S.C. 931(5)) is amended to read
as follows:
            ``(5) provide for a recertification program for
        professional personnel employed in the system to obtain not
        more than 6 semester-hours of graduate or undergraduate
        coursework in any discipline or subject area taught by schools
        of the defense dependents' education system, and''.
    (c) Applicability.--The amendments made by subsection (a)(1)--
            (1) shall apply with respect to compensation for service
        performed in fiscal years beginning more than 90 days after the
        date of enactment of this Act; and
            (2) shall be deemed not to have been enacted for purposes
        of determining compensation for service performed before the
        first fiscal year to which such amendments apply under
        paragraph (1).

SEC. 5. CONTINUED HEALTH BENEFITS.

    (a) In General.--Section 8905a(d) of title 5, United States Code,
is amended--
            (1) in paragraph (1)(A) by striking ``Except as provided in
        paragraph (4),'' and inserting ``Except as provided in
        paragraph (4) or (5),'';
            (2) in paragraph (2) by striking ``in accordance with
        paragraph (1) or (4),'' and inserting ``in accordance with
        paragraph (1), (4), or (5),''; and
            (3) by adding at the end the following:
    ``(5)(A) For the purpose of this paragraph, the term `teaching
position' has the meaning given such term under section 2(1) of the
Defense Department Overseas Teachers Pay and Personnel Practices Act.
    ``(B) If the basis for continued coverage under this section is an
involuntary separation from a teaching position due to a reduction in
force--
            ``(i) the individual shall be liable for not more than the
        employee contributions referred to in paragraph (1)(A)(i); and
            ``(ii) the agency which last employed the individual shall
        pay the remaining portion of the amount required under
        paragraph (1)(A).
    ``(C) This paragraph shall apply with respect to any individual
whose continued coverage is based on a separation occurring on or after
the date of enactment of this paragraph and before--
            ``(i) October 1, 1997; or
            ``(ii) February 1, 1998, if specific notice of such
        separation was given to such individual before October 1,
        1997.''.
    (b) Source of Payments.--Any amount which becomes payable by an
agency as a result of the enactment of subsection (a) shall be paid out
of funds or appropriations available for salaries and expenses of such
agency.

Summary: Department of Defense Overseas Educators Act - Provides for the implementation of temporary measures to facilitate reemployment in Federal agencies of Federal employees separated from teaching positions in schools for overseas Department of Defense dependents . Amends the Defense Department Overseas Teachers Pay and Personnel Practices Act to require that, in certain cases, DoDDS teachers recruited abroad be entitled to the same benefits as teachers recruited in the United States. Requires the Director of Dependents' Education to establish for DoDDS teachers a voluntary leave transfer program and a voluntary leave transfer bank program. Limits the amount of graduate or undergraduate coursework which may be taken under a recertification program for DoDDS professional personnel. Amends Federal law to provide for continued health benefits for DoDDS teachers involuntarily separated from service under a reduction in force.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voter Outreach and Turnout Expansion
Act of 2003''.

       TITLE I--EXPANSION OF ELECTION ADMINISTRATION REQUIREMENTS

SEC. 101. SAME-DAY VOTER REGISTRATION.

    (a) In General.--Section 303 of the Help America Vote Act of 2002
(42 U.S.C. 15483) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new
        subsection:
    ``(d) Permitting Voter Registration on Date of Election.--
            ``(1) In general.--At each polling place in a State at
        which ballots are cast in an election for Federal office, an
        individual may register to vote on the date of the election,
        and may cast a vote at the polling place in the election, if
        the individual--
                    ``(A) completes an application for voter
                registration in accordance with the requirements of
                this Act and other applicable law; and
                    ``(B) executes a written affirmation before an
                election official at the polling place stating that the
                individual is eligible to register to vote in the
                jurisdiction in which the individual desires to vote
                and has not already voted in the election.
            ``(2) Transmittal of completed applications to state
        election official.--An appropriate official at a polling place
        shall transmit any voter registration application accepted
        under this subsection to the appropriate State election
        official at the time the official at the polling place
        transmits the ballots cast at the polling place to the
        official.
            ``(3) Notice to individuals filing voter registration
        applications after deadline.--If an individual's application
        for voter registration prior to the date of an election is
        received by the appropriate election official after the
        deadline for receipt of applications with respect to the
        election under State law, the official shall transmit a notice
        to the individual stating that the application was received
        after the deadline and that the individual may register to vote
        at the polling place on the date of the election in accordance
        with this subsection.
            ``(4) Requirements under national voter registration act of
        1993.--In carrying out this subsection, a polling place in a
        State shall meet the requirements applicable to a voter
        registration agency designated by the State under section
        7(a)(2) of the National Voter Registration Act of 1993 (42
        U.S.C. 1973gg-5(a)(2)), except that clauses (i), (ii), and
        (iii) of section 7(a)(6)(B) of such Act (42 U.S.C. 1973gg-
        5(a)(6)(B)) shall not apply with respect to any of the voter
        registration forms distributed by the polling place pursuant to
        this subsection.''.
    (b) Inclusion in Voting Information Requirements.--Section
302(b)(2) of such Act (42 U.S.C. 14582(b)(2)) is amended--
            (1) in subparagraph (E), by inserting ``and the right to
        register to vote at the polling place on the date of an
        election and vote in that election'' after ``provisional
        ballot'';
            (2) by redesignating subparagraphs (E) and (F) as
        subparagraphs (F) and (G); and
            (3) by inserting after subparagraph (D) the following new
        subparagraph:
                    ``(E) instructions for individuals registering to
                vote at the polling place under section 303(d);''.
    (c) Effective Date.--Section 303(e) of such Act (42 U.S.C.
15483(e)), as redesignated by subsection (a), is amended by adding at
the end the following new paragraph:
            ``(3) Requirement for voter registration on date of
        election.--Each State and jurisdiction shall be required to
        comply with the requirements of subsection (d) on and after
        January 1, 2004.''.

SEC. 102. PERMITTING VOTERS TO CAST BALLOTS PRIOR TO ELECTION;
              PERMITTING VOTERS TO OBTAIN ABSENTEE BALLOTS FOR ANY
              REASON.

    (a) In General.--The Help America Vote Act of 2002 is amended--
            (1) by redesignating sections 304 and 305 as sections 305
        and 306; and
            (2) by inserting after section 303 the following new
        section:

``SEC. 304. PROMOTING EARLY AND ABSENTEE VOTING.

    ``(a) Requiring Jurisdictions To Establish Early Voting Sites.--
            ``(1) In general.--Each jurisdiction in a State which
        administers an election for Federal office shall designate
        early voting sites within the jurisdiction to serve as polling
        places for the election prior to the date of the election, and
        shall permit any individual who is registered to vote in the
        election and eligible to cast a ballot at any polling place
        within the jurisdiction to cast the ballot at the site.
            ``(2) Treatment of ballots cast at sites.--After a ballot
        is cast for an election at an early voting site under this
        subsection, the ballot shall be held and tabulated by the
        jurisdiction in the same manner as an absentee ballot cast for
        the election.
            ``(3) Period of operation.--The jurisdiction shall operate
        the early voting sites designated under this subsection for an
        election during such period as it considers appropriate, except
        that--
                    ``(A) the period may not begin later than the 22nd
                day before the date of the election or the date on
                which the ballots for the election are available to be
                cast (whichever occurs later); and
                    ``(B) at least 2 of the days during the period
                shall be weekend days.
            ``(4) Conditions for designation and distribution of
        sites.--The number of early voting sites of a jurisdiction and
        the location of such sites within the jurisdiction shall be
        determined by the jurisdiction, subject to the following
        conditions:
                    ``(A) To the greatest extent practicable, the
                jurisdiction shall designate sites which are also
                designated as voter registration agencies under section
                7 the National Voter Registration Act of 1993 (42
                U.S.C. 1973gg-5).
                    ``(B) The aggregate number of voting systems used
                in all such sites in the jurisdiction may not be less
                than 25 percent of the total number of voting systems
                which will be used in all polling places in the
                jurisdiction on the date of the election.
                    ``(C) At least one of the sites selected, and the
                voting system used at such site, shall be accessible
                for individuals with disabilities (including the blind
                and visually impaired).
                    ``(D) The geographic distribution of the sites
                shall reflect the geographic distribution of the voting
                age population of the jurisdiction.
                    ``(E) In establishing sites, the jurisdiction shall
                comply with the applicable requirements of the Voting
                Rights Act of 1965 (42 U.S.C. 1973 et seq.).
    ``(b) Permitting Voters To Obtain Absentee Ballots for Any
Reason.--No State election official may require an individual who
requests an absentee ballot for an election to provide a reason for the
request, or to otherwise provide any proof of the individual's need for
an absentee ballot, as a condition of obtaining the ballot.''.
    (b) Conforming Amendments.--
            (1) Deadline for adoption of voluntary guidance by election
        assistance commission.--Section 311(b) of such Act (42 U.S.C.
        15501(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph
                (2);
                    (B) by striking the period at the end of paragraph
                (3) and inserting ``; and''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(4) in the case of recommendations with respect to
        section 304, January 1, 2004.''.
            (2) Enforcement.--Section 401 of such Act (42 U.S.C. 15511)
        is amended by striking ``and 303'' and inserting ``303, and
        304''.
    (c) Clerical Amendment.--The table of sections for subtitle A of
title III of such Act is amended--
            (1) by redesignating the items relating to sections 304 and
        305 as items relating to sections 305 and 306; and
            (2) by inserting after the item relating to section 303 the
        following new item:

        ``Sec. 304. Promoting early and absentee voting.''.

SEC. 103. CLARIFICATION OF REQUIREMENT TO PERMIT INDIVIDUALS TO
              COMPLETE INCOMPLETE MAIL-IN VOTER REGISTRATION
              APPLICATIONS.

    Section 303(b)(4)(B) of the Help America Vote Act of 2002 (42
U.S.C. 15483(b)(4)(B)) is amended to read as follows:
                    ``(B) Incomplete forms.--If an applicant for voter
                registration with respect to an election fails to
                answer any of the questions included on the mail voter
                registration form pursuant to subparagraph (A), or
                otherwise fails to provide any information required to
                be provided on the form, the registrar shall--
                            ``(i) notify the applicant of the failure
                        and of the opportunity for the applicant to
                        register to vote at the polling place on the
                        date of the election in accordance with
                        subsection (d); and
                            ``(ii) if the form was received by the
                        registrar within the deadline under State law
                        for the receipt of voter registration
                        applications with respect to the election,
                        provide the applicant with an opportunity to
                        complete the form in a timely manner to allow
                        for the completion of the registration form
                        prior to the election.''.

SEC. 104. ADDITIONAL FUNDING.

    Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C.
15407(a)) is amended--
            (1) in paragraph (1), by striking ``$1,400,000,000'' and
        inserting ``$1,405,000,000'';
            (2) in paragraph (2), by striking ``$1,000,000,000'' and
        inserting ``$1,005,000,000''; and
            (3) in paragraph (3), by striking ``$600,000,000'' and
        inserting ``$605,000,000''.

SEC. 105. EFFECTIVE DATE.

    The amendments made by this title shall take effect as if included
in the enactment of the Help America Vote Act of 2002.

              TITLE II--REMOVING OTHER BARRIERS TO VOTING

SEC. 201. TREATMENT OF ELECTION DAY IN SAME MANNER AS VETERANS DAY FOR
              PURPOSES OF FEDERAL EMPLOYMENT.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) many Americans do not vote on Election Day because of
        conflicting work schedules;
            (2) Federal, State, and local governments should share the
        responsibility for increasing voter turnout on Election Day;
            (3) States should establish Election Day as a legal public
        holiday in each year and should provide full paid leave for
        State government employees on Election Day; and
            (4) the treatment of Election Day in the same manner as
        Veterans Day for purposes of laws relating to Federal
        employment will lead to increased voter turnout and will
        increase the availability of poll workers and suitable polling
        places.
    (b) Treatment of Election Day in Same Manner as Veterans Day for
Purposes of Federal Employment.--For purposes of any law relating to
Federal employment, the Tuesday next after the first Monday in November
in 2004 and each even-numbered year thereafter shall be treated in the
same manner as November 11.

SEC. 202. VOTING LEAVE.

    (a) In General.--Each employee of an employer may take up to 2
hours of leave (or up to 3 hours of leave, in the case of an employee
whose workplace is further than 25 miles from the polling place at
which the employee is eligible to cast a ballot under State law) in
order to vote on any workday on which an election for Federal office is
held.
    (b) Unpaid or Paid Leave Permitted.--Notwithstanding any other
provision of law, leave granted under this subsection may be unpaid
leave or paid leave.
    (c) Duties of Employee.--An employee taking leave under this
subsection shall make a reasonable effort to schedule the leave so as
not to disrupt unduly the operations of the employer, shall provide
such notice prior to taking leave as is practicable, and shall make a
reasonable effort to vote.
    (d) No Loss of Benefits.--The taking of leave under this subsection
shall not result in the loss of any employment benefit accrued prior to
the date on which the leave commenced.
    (e) Prohibited Acts.--
            (1) Exercise of rights.--It shall be unlawful for any
        employer to interfere with, restrain, or deny the taking of or
        the attempt to take any leave provided under this subsection.
            (2) Discrimination.--It shall be unlawful for any employer
        to discharge or in any other manner discriminate against any
        individual for--
                    (A) opposing any practice made unlawful by this
                subsection;
                    (B) filing any charge, or instituting or causing to
                be instituted any proceeding, under or related to this
                subsection;
                    (C) giving or preparing to give any information in
                connection with any inquiry or proceeding relating to
                any leave provided under this subsection; or
                    (D) testifying or preparing to testify in any
                inquiry or proceeding relating to any leave provided
                under this subsection.
    (f) Investigative Authority.--The Secretary of Labor shall have
investigative authority with respect to the provisions of this
subsection in the same manner and under the same terms and conditions
as the investigative authority provided under section 106 of the Family
and Medical Leave Act of 1993, and the requirements of section 106 of
such Act shall apply to employers under this subsection in the same
manner as such requirements apply to employers under section 106 of
such Act.
    (g) Enforcement.--The provisions of section 107 of the Family and
Medical Leave Act of 1993 shall apply with respect to the enforcement
of the requirements of this subsection in the same manner and under the
same terms and conditions as such provisions apply with respect to the
enforcement of the requirements of title I of such Act.
    (h) Employer Defined.--In this section, the term ``employer'' means
any person engaged in commerce or in any industry or activity affecting
commerce who employs 25 or more employees during a calendar year, and
includes any person who acts, directly or indirectly, in the interest
of an employer to any of the employees of such employer and any
successor in interest of an employer. In the previous sentence, the
terms ``commerce'' and ``industry or activity affecting commerce'' have
the meaning given such terms in section 101(1) of the Family and
Medical Leave Act of 1993.
    (i) Nondiscrimination.--The implementation and enforcement of this
section shall be in compliance with the Voting Rights Act of 1965.
    (j) Effective Date.--This section shall apply with respect to
elections occurring after January 2004.

SEC. 203. SENSE OF CONGRESS REGARDING DISTRIBUTION OF SAMPLE BALLOTS
              AND VOTING MATERIALS.

    It is the sense of Congress that the distribution of sample
ballots, information on voting, and other voter education materials
will help to prevent errors by voters at the polls and to reduce the
rates of spoiled ballots, and Congress encourages States and other
jurisdictions which administer elections to distribute these materials
to registered voters prior to elections.

Summary: Voter Outreach and Turnout Expansion Act of 2003 - Amends the Help America Vote Act of 2002 to: (1) permit an individual to register to vote on the date of the election at each polling place in a State at which ballots are cast in an election for Federal office. And (2) require each jurisdiction in a State which administers an election for Federal office to designate early voting sites to serve as polling places for the election prior to the election date, and to permit any registered voter to cast a ballot at the site. Expresses the sense of Congress that: (1) many Americans do not vote on Election Day because of conflicting work schedules. (2) Federal, State, and local governments should share the responsibility for increasing voter turnout. (3) States should establish Election Day as a legal public holiday and provide full paid leave for State government employees. And (4) the treatment of Election Day in the same manner as Veterans Day for purposes of law relating to Federal employment will lead to increased voter turnout and will increase the availability of poll workers and suitable polling places. Sets out requirements for employee voting leave. Expresses the sense of Congress encouraging State and other jurisdictions to distribute sample ballots, information on voting, and other voter education materials as an aid to preventing errors by voters at the polls and reducing the rates of spoiled ballots.

To amend the Help America Vote Act of 2002 to require States to permit individuals to register to vote at polling places on the date of an election, to cast ballots at designated polling places prior to the date of an election, and to obtain absentee ballots for an election for any reason, and for other purposes.


SECTION 1. VESSEL SIZE LIMITS FOR FISHERY ENDORSEMENTS.

    (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title
46, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by adding ``and'' at the end;
                    (B) in clause (ii) by striking ``and'' at the end;
                and
                    (C) by striking clause (iii);
            (2) in subparagraph (B), by striking the period at the end
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) the vessel is either a rebuilt vessel or a
                replacement vessel under section 208(g) of the American
                Fisheries Act (title II of division C of Public Law
                105-277; 112 Stat. 2681-627) and is eligible for a
                fishery endorsement under this section.''.
    (b) Conforming Amendments.--
            (1) Vessel rebuilding and replacement.--Subsection (g) of
        section 208 of the American Fisheries Act (title II of division
        C of Public Law 105-277; 112 Stat. 2681-627) is amended to read
        as follows:
    ``(g) Vessel Rebuilding and Replacement.--
            ``(1) In general.--
                    ``(A) Rebuild or replace.--Notwithstanding any
                limitation to the contrary on replacing, rebuilding, or
                lengthening vessels or transferring permits or licenses
                to a replacement vessel contained in sections 679.2 and
                679.4 of title 50, Code of Federal Regulations, as in
                effect on the date of enactment of this subsection and
                except as provided in paragraph (4), the owner of a
                vessel eligible under subsection (a), (b), (c), (d), or
                (e) (other than paragraph (21)), in order to improve
                vessel safety and operational efficiencies (including
                fuel efficiency), may rebuild or replace that vessel
                (including fuel efficiency) with a vessel documented
                with a fishery endorsement under section 12113 of title
                46, United States Code.
                    ``(B) Same requirements.--The rebuilt or
                replacement vessel shall be eligible in the same manner
                and subject to the same restrictions and limitations
                under such subsection as the vessel being rebuilt or
                replaced.
                    ``(C) Transfer of permits and licenses.--Each
                fishing permit and license held by the owner of a
                vessel or vessels to be rebuilt or replaced under
                subparagraph (A) shall be transferred to the rebuilt or
                replacement vessel.
            ``(2) Recommendations of north pacific council.--The North
        Pacific Council may recommend for approval by the Secretary
        such conservation and management measures, including size
        limits and measures to control fishing capacity, in accordance
        with the Magnuson-Stevens Act as it considers necessary to
        ensure that this subsection does not diminish the effectiveness
        of fishery management plans of the Bering Sea and Aleutian
        Islands Management Area or the Gulf of Alaska.
            ``(3) Special rule for replacement of certain vessels.--
                    ``(A) In general.--Notwithstanding the requirements
                of subsections (b)(2), (c)(1), and (c)(2) of section
                12113 of title 46, United States Code, a vessel that is
                eligible under subsection (a), (b), (c), (d), or (e)
                (other than paragraph (21)) and that qualifies to be
                documented with a fishery endorsement pursuant to
                section 203(g) or 213(g) may be replaced with a
                replacement vessel under paragraph (1) if the vessel
                that is replaced is validly documented with a fishery
                endorsement pursuant to section 203(g) or 213(g) before
                the replacement vessel is documented with a fishery
                endorsement under section 12113 of title 46, United
                States Code.
                    ``(B) Applicability.--A replacement vessel under
                subparagraph (A) and its owner and mortgagee are
                subject to the same limitations under section 203(g) or
                213(g) that are applicable to the vessel that has been
                replaced and its owner and mortgagee.
            ``(4) Special rules for certain catcher vessels.--
                    ``(A) In general.--A replacement for a covered
                vessel described in subparagraph (B) is prohibited from
                harvesting fish in any fishery (except for the Pacific
                whiting fishery) managed under the authority of any
                regional fishery management council (other than the
                North Pacific Council) established under section 302(a)
                of the Magnuson-Stevens Act.
                    ``(B) Covered vessels.--A covered vessel referred
                to in subparagraph (A) is--
                            ``(i) a vessel eligible under subsection
                        (a), (b), or (c) that is replaced under
                        paragraph (1); or
                            ``(ii) a vessel eligible under subsection
                        (a), (b), or (c) that is rebuilt to increase
                        its registered length, gross tonnage, or shaft
                        horsepower.
            ``(5) Limitation on fishery endorsements.--Any vessel that
        is replaced under this subsection shall thereafter not be
        eligible for a fishery endorsement under section 12113 of title
        46, United States Code, unless that vessel is also a
        replacement vessel described in paragraph (1).
            ``(6) Gulf of alaska limitation.--Notwithstanding paragraph
        (1), the Secretary shall prohibit from participation in the
        groundfish fisheries of the Gulf of Alaska any vessel that is
        rebuilt or replaced under this subsection and that exceeds the
        maximum length overall specified on the license that authorizes
        fishing for groundfish pursuant to the license limitation
        program under part 679 of title 50, Code of Federal
        Regulations, as in effect on the date of enactment of this
        subsection.
            ``(7) Authority of pacific council.--Nothing in this
        section shall be construed to diminish or otherwise affect the
        authority of the Pacific Council to recommend to the Secretary
        conservation and management measures to protect fisheries under
        its jurisdiction (including the Pacific whiting fishery) and
        participants in such fisheries from adverse impacts caused by
        this Act.''.
            (2) Exemption of certain vessels.--Section 203(g) of the
        American Fisheries Act (title II of division C of Public Law
        105-277; 112 Stat. 2681-620) is amended--
                    (A) by inserting ``and'' after ``(United States
                official number 651041)'';
                    (B) by striking ``, NORTHERN TRAVELER (United
                States official number 635986), and NORTHERN VOYAGER
                (United States official number 637398) (or a
                replacement vessel for the NORTHERN VOYAGER that
                complies with paragraphs (2), (5), and (6) of section
                208(g) of this Act)''; and
                    (C) by striking ``, in the case of the NORTHERN''
                and all that follows through ``PHOENIX,''.
            (3) Fishery cooperative exit provisions.--Section 210(b) of
        the American Fisheries Act (title II of division C of Public
        Law 105-277; 112 Stat. 2681-629) is amended--
                    (A) by moving the matter beginning with ``the
                Secretary shall'' in paragraph (1) 2 ems to the right;
                and
                    (B) by adding at the end the following:
            ``(7) Fishery cooperative exit provisions.--
                    ``(A) Fishing allowance determination.--For
                purposes of determining the aggregate percentage of
                directed fishing allowances under paragraph (1), when a
                catcher vessel is removed from the directed pollock
                fishery, the fishery allowance for pollock for the
                vessel being removed--
                            ``(i) shall be based on the catch history
                        determination for the vessel made pursuant to
                        section 679.62 of title 50, Code of Federal
                        Regulations, as in effect on the date of
                        enactment of this paragraph; and
                            ``(ii) shall be assigned, for all purposes
                        under this title, in the manner specified by
                        the owner of the vessel being removed to any
                        other catcher vessel or among other catcher
                        vessels participating in the fishery
                        cooperative if such vessel or vessels remain in
                        the fishery cooperative for at least one year
                        after the date on which the vessel being
                        removed leaves the directed pollock fishery.
                    ``(B) Eligibility for fishery endorsement.--Except
                as provided in subparagraph (C), a vessel that is
                removed pursuant to this paragraph shall be permanently
                ineligible for a fishery endorsement, and any claim
                (including relating to catch history) associated with
                such vessel that could qualify any owner of such vessel
                for any permit to participate in any fishery within the
                exclusive economic zone of the United States shall be
                extinguished, unless such removed vessel is thereafter
                designated to replace a vessel to be removed pursuant
                to this paragraph.
                    ``(C) Limitations on statutory construction.--
                Nothing in this paragraph shall be construed--
                            ``(i) to make the vessels AJ (United States
                        official number 905625), DONA MARTITA (United
                        States official number 651751), NORDIC EXPLORER
                        (United States official number 678234), and
                        PROVIDIAN (United States official number
                        1062183) ineligible for a fishery endorsement
                        or any permit necessary to participate in any
                        fishery under the authority of the New England
                        Fishery Management Council or the Mid-Atlantic
                        Fishery Management Council established,
                        respectively, under subparagraphs (A) and (B)
                        of section 302(a)(1) of the Magnuson-Stevens
                        Act; or
                            ``(ii) to allow the vessels referred to in
                        clause (i) to participate in any fishery under
                        the authority of the Councils referred to in
                        clause (i) in any manner that is not consistent
                        with the fishery management plan for the
                        fishery developed by the Councils under section
                        303 of the Magnuson-Stevens Act.''.

Summary: Revises provisions concerning fishery endorsements for specified vessels that are either over 165 feet, more than 750 or 1,900 gross measured tons, or with more than 3,000 shaft power and that have a certificate of documentation issued for a fishery endorsement effective after September 25, 1997, and not placed under foreign registry after October 21, 1998, to also require for eligibility purposes that the vessel be either a rebuilt or replacement vessel under specified provisions of the American Fisheries Act relating to requirements for rebuilding and replacing vessels that are being revised by this Act and be otherwise eligible. Sets forth rules under such provisions of the American Fisheries Act relating to requirements for rebuilding and replacing vessels that are being revised by this Act concerning: (1) recommendations of the North Pacific Council for the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska, (2) certain catcher vessels, (3) limitations on fishery endorsements. And (4) Gulf of Alaska groundfish fisheries limitations. Amends the American Fisheries Act with respect to: (1) the exemption of specified vessels. And (2) fishery allowances and the removal of a catcher vessel from the directed pollock fishery.

A bill to amend title 46, United States Code, to modify the vessels eligible for a fishery endorsement, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Home Health Documentation and
Program Improvement Act of 2017''.

SEC. 2. INFORMATION TO SATISFY DOCUMENTATION OF MEDICARE ELIGIBILITY
              FOR HOME HEALTH SERVICES.

    (a) Part A.--Section 1814(a) of the Social Security Act (42 U.S.C.
1395f(a)) is amended by inserting before ``For purposes of paragraph
(2)(C),'' the following new sentence: ``For purposes of documentation
for physician certification and recertification made under paragraph
(2) on or after January 1, 2018, and made with respect to home health
services furnished by a home health agency, in addition to using
documentation in the medical record of the physician who so certifies
or the medical record of the acute or post-acute care facility (in the
case that home health services were furnished to an individual who was
directly admitted to the home health agency from such a facility), the
Secretary shall use documentation in the medical record of the home
health agency as supporting material, as appropriate to the case
involved.''.
    (b) Part B.--Section 1835(a) of the Social Security Act (42 U.S.C.
1395n(a)) is amended by inserting before ``For purposes of paragraph
(2)(A),'' the following new sentence: ``For purposes of documentation
for physician certification and recertification made under paragraph
(2) on or after January 1, 2018, and made with respect to home health
services furnished by a home health agency, in addition to using
documentation in the medical record of the physician who so certifies
or the medical record of the acute or post-acute care facility (in the
case that home health services were furnished to an individual who was
directly admitted to the home health agency from such a facility), the
Secretary shall use documentation in the medical record of the home
health agency as supporting material, as appropriate to the case
involved.''.

SEC. 3. VOLUNTARY SETTLEMENT OF HOME HEALTH CLAIMS.

    (a) Settlement Process for Home Health Claims.--
            (1) In general.--Not later than one year after the date of
        enactment of this Act, the Secretary of Health and Human
        Services shall establish a settlement process under which a
        home health agency entitled to an eligible administrative
        appeal has the option to enter into a settlement with the
        Secretary that is reached in a manner consistent with the
        succeeding paragraphs of this subsection.
            (2) Process and consideration of home health claims.--A
        settlement under paragraph (1) with a home health agency that
        is with respect to an eligible administrative appeal may only
        be reached in accordance with the following process:
                    (A) A settlement under such paragraph with the home
                health agency shall be with respect to all claims by
                such agency, subject to paragraph (4), that, as of the
                date of such settlement, are under an eligible
                administrative appeal.
                    (B) For the duration of the settlement process with
                such agency, an eligible administrative appeal that is
                with respect to any such claim by such agency shall be
                suspended.
                    (C) Under the settlement process, the Secretary
                shall determine an aggregate amount to be paid to the
                home health agency with respect to all claims by such
                agency that are under an eligible administrative appeal
                in the following manner:
                            (i) The Secretary shall, for purposes of
                        applying clause (ii) with respect to all
                        settlements under paragraph (1), select a
                        percentage. In selecting such percentage, the
                        Secretary shall consider the percentage used
                        under the Centers for Medicare & Medicaid
                        Services hospital appeals settlement that began
                        on October 31, 2014.
                            (ii) The Secretary shall, with respect to
                        each denied claim for such agency that is under
                        an eligible administrative appeal, calculate an
                        amount (referred to in this subparagraph as an
                        ``individual claim amount'') by multiplying the
                        net payable amount for such claim by the
                        percentage selected under clause (i).
                            (iii) Such aggregate amount with respect to
                        such agency shall be determined by calculating
                        the total sum of all the individual claim
                        amounts calculated under clause (ii) with
                        respect to such agency.
            (3) Effect of process.--
                    (A) Effect of settlement.--
                            (i) Further appeal.--As part of any
                        settlement under paragraph (1) between a home
                        health agency and the Secretary, such home
                        health agency shall be required to forego the
                        right to an administrative appeal under section
                        1869 of the Social Security Act (42 U.S.C.
                        1395ff) or section 1878 of such Act (42 U.S.C.
                        1395oo) (including any redetermination,
                        reconsideration, hearing, or review) with
                        respect to any claims for home health services
                        that are subject to the settlement.
                            (ii) Judicial review.--There shall be no
                        administrative or judicial review under such
                        section 1869 or otherwise of a settlement under
                        paragraph (1) and the claims covered by the
                        settlement.
                    (B) Effect of no settlement.--In the event that the
                process described in paragraph (2) does not, with
                respect to a home health agency, result in a settlement
                under paragraph (1) with such agency, any appeal under
                such section 1869 that is with respect to a claim by
                such agency that was suspended pursuant to paragraph
                (2)(B) shall resume under such section.
            (4) Coordination with law enforcement.--The Secretary of
        Health and Human Services shall establish a process under which
        individuals in the Department of Health and Human Services
        responsible for executing a settlement under paragraph (1) may,
        in order to avoid the inadvertent settlement of cases that
        involve fraud or other criminal activity, coordinate with
        appropriate law enforcement agencies.
    (b) No Entitlement to Settlement Process.--Nothing in this section
shall be construed as creating an entitlement to enter into a
settlement process established pursuant to subsection (a).
    (c) Eligible Administrative Appeal Defined.--For purposes of this
section, the term ``eligible administrative appeal'' means an appeal
under section 1869 of the Social Security Act (42 U.S.C. 1395ff)
(including any redetermination, reconsideration, hearing, or review)--
            (1) that is with respect to one or more claims that--
                    (A) are for home health services that--
                            (i) were furnished on or after January 1,
                        2011, and before January 1, 2015; and
                            (ii) were reasonable and necessary under
                        section 1862(a)(1)(A) of such Act (42 U.S.C.
                        1395y(a)(1)(A)); and
                    (B) were timely filed consistent with section
                1814(a)(1) of such Act (42 U.S.C. 1395f(a)(1)) or
                sections 1835(a)(1) and 1842(b)(3) of such Act (42
                U.S.C. 1395n(a)(1), 1395u(b)(3)); and
            (2) either--
                    (A) was timely filed consistent with section 1869
                of such Act (42 U.S.C. 1395ff) and is pending; or
                    (B) for which the applicable time frame to file an
                appeal has not expired.
    (d) Conforming Amendment.--Section 1869 of the Social Security Act
(42 U.S.C. 1395ff) is amended by adding at the end the following new
subsection:
    ``(j) Application With Respect to Certain Home Health Claims.--For
the application of the provisions of this section with respect to
certain claims for home health services that were furnished on or after
January 1, 2011, and before January 1, 2015, see section 3 of the Home
Health Documentation and Program Improvement Act of 2017.''.

Summary: Home Health Documentation and Program Improvement Act of 2017 This bill requiresnbsp, the Centers for Medicare amp, Medicaid Services (CMS)nbsp, to usenbsp, an individual's medical recordnbsp. From a home-health agency, as appropriate, to support certification of such individual's Medicare eligibility fornbsp. Home-health services. The bill requires the CMS to establish a process for home-health agencies that are entitled to an administrative appeal after being denied eligibility for Medicare reimbursement to, instead, enter into a settlement with the CMS.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wood Stove Regulatory Relief Act of
2014''.

SEC. 2. REGULATION OF NEW RESIDENTIAL WOOD HEATERS, NEW RESIDENTIAL
              HYDRONIC HEATERS, NEW FORCED-AIR FURNACES, AND NEW
              RESIDENTIAL MASONRY HEATERS.

    (a) Prohibition.--During the period specified in subsection (c),
the Administrator may not finalize, issue, implement, or enforce any
rule described in subsection (b) unless such rule meets the
requirements described in subsection (d).
    (b) Rules.--Subsection (a) applies with respect to--
            (1) the proposed rule entitled ``Standards of Performance
        for New Residential Wood Heaters, New Residential Hydronic
        Heaters and Forced-Air Furnaces, and New Residential Masonry
        Heaters'' published at 79 Fed. Reg. 6330 (February 3, 2014) or
        any successor or substantially similar rule; and
            (2) any other rule under section 111 of the Clean Air Act
        (42 U.S.C. 7411) that is applicable to any new source that is a
        residential wood heater, a residential hydronic heater, a
        forced-air furnace, or a residential masonry heater.
    (c) Applicability.--This Act applies during the 8-year period
beginning on the date of enactment of this Act.
    (d) Requirements.--
            (1) Numeric emission limits.--During the period specified
        in subsection (c), in finalizing or issuing any rule described
        in subsection (b), the Administrator may not establish a
        particulate matter emissions limit--
                    (A) for adjustable rate wood heaters or pellet
                heaters/stoves that were, on or before the effective
                date of the rule, certified as being in compliance with
                any applicable standard of performance for particulate
                matter, that is less than 4.5 grams of particulate
                matter per hour;
                    (B) for all other adjustable rate wood heaters,
                single burn rate wood heaters, or pellet heaters/
                stoves, that is less than 4.5 grams of particulate
                matter per hour;
                    (C) for any residential hydronic heater, that is
                less than 0.32 pound per million British thermal unit
                heat output as measured under ASTM E2618-13 ``Standard
                Test Method for Measurement of Particulate Emissions
                and Heating Efficiency of Solid Fuel-Fired Hydronic
                Heating Appliances'' using either cordwood or cribs; or
                    (D) for any forced-air furnace, that is less than
                0.93 pound per million British thermal unit heat
                output.
            (2) Transition period.--During the period specified in
        subsection (c), in finalizing or issuing any rule described in
        subsection (b), the Administrator shall--
                    (A) with respect to a residential wood heater that
                was certified on or before the effective date of the
                rule by the Administrator as in compliance with any
                applicable emissions limit in effect prior to the date
                of enactment of this Act--
                            (i) provide that such certification shall
                        remain valid until the date that is five years
                        after such heater was certified; and
                            (ii) permit any such heater to be
                        manufactured and sold at retail until the date
                        that is five years after such heater was
                        certified;
                    (B) with respect to a forced-air furnace--
                            (i) except as provided in clause (ii)--
                                    (I) that is manufactured on or
                                before the effective date of such rule,
                                permit such forced-air furnace to be
                                sold at retail for a period of at least
                                one year after such effective date; or
                                    (II) that is manufactured after the
                                effective date of such rule, not
                                require such forced-air furnace to meet
                                any applicable particulate matter
                                emissions limit set forth in such rule
                                until the date that is at least one
                                year after such effective date; or
                            (ii) that was tested under Canadian
                        Standards Administration B415.1-10 test
                        protocol on or before the effective date of the
                        rule and met a particulate matter emissions
                        limit of 0.93 pound per million British thermal
                        unit heat output, permit such forced-air
                        furnace to be manufactured and sold at retail
                        for a period of five years after such effective
                        date; and
                    (C) with respect to a hydronic heater that--
                            (i) is a qualified model, deem such
                        hydronic heater to be certified as in
                        compliance with any otherwise applicable
                        emissions limit under such rule for the
                        duration of the period it would be considered a
                        qualified model, but in no case for a period of
                        less than 3 years beginning on the effective
                        date of such rule; or
                            (ii) is not a qualified model and that is
                        manufactured on or before the effective date of
                        such rule, permit such hydronic heater to be
                        sold at retail for a period of at least one
                        year after such effective date.
            (3) Certification procedures.--
                    (A) Independent accredited third party testing and
                certification.--During the period specified in
                subsection (c), in finalizing or issuing any rule
                described in subsection (b), the Administrator shall
                provide that certifications of compliance with any
                applicable emissions limit under such rule be issued by
                independent third party laboratories accredited as
                certification bodies under ISO/IEC 17065, based on
                testing performed by the certification body or another
                laboratory accredited under ISO/IEC 17025 to perform
                certification testing.
                    (B) Limited role of epa.--During the period
                specified in subsection (c), in finalizing or issuing
                any rule described in subsection (b), the Administrator
                shall provide that the Environmental Protection
                Agency's role in any certification or auditing process
                provided in such rule shall be limited to conducting
                selective audits of the testing, certification, and
                quality assurance/quality control functions performed
                by certification bodies or test laboratories that are
                accredited by the ISO.
    (e) Definitions.--In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) ISO.--The term ``ISO'' means the International
        Organization for Standardization.
            (3) ISO/IEC 17025.--The term ``ISO/IEC 17025'' means the
        International Organization for Standardization/International
        Electrotechnical Commission standard number 17025.
            (4) ISO/IEC 17065.--The term ``ISO/IEC 17065'' means the
        International Organization for Standardization/International
        Electrotechnical Commission standard number 17065.
            (5) New source.--The term ``new source'' has the meaning
        given such term in section 111(a)(2) of the Clean Air Act (42
        U.S.C. 7411(a)(2)).
            (6) Standard of performance.--The term ``standard of
        performance'' has the meaning given such term in section
        111(a)(1) of the Clean Air Act (42 U.S.C. 7411(a)(1)).
            (7) Qualified model.--The term ``qualified model'' means,
        with respect to a hydronic heater, a model that had been shown
        to meet performance levels established by the Administrator
        under a voluntary partnership program in effect prior to the
        date of enactment of this Act.

Summary: Wood Stove Regulatory Relief Act of 2014 - Prohibits the Administrator of the Environmental Protection Agency (EPA), for an eight-year period, from finalizing, issuing, implementing, or enforcing rules under the Clean Air Act applicable to any new source of air pollutants that is a residential wood heater, a residential hydronic heater, a forced-air furnace, or a residential masonry heater unless the rules comply with this Act. Prohibits the Administrator from setting particulate matter emission limits below a specified threshold for adjustable rate wood heaters, single burn rate wood heaters, pellet heatersstoves, residential hydronic heaters, and forced-air furnaces. Phases in requirements for complying with emission limits. Sets forth provisions requiring third-party testing of compliance with emission limits.