SECTION 1. SHORT TITLE

    This Act may be cited as the ``Immunization Now Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds, with respect to immunizations against vaccine-
preventable diseases, the following:
            (1) Childhood illnesses that can be prevented by timely
        application of commonly available vaccinations, through a
        program of Federal and local cooperation, are rising at an
        alarming rate.
            (2) The incidence of measles increased 336 percent in 1989,
        increasing to eighteen thousand one hundred ninety three cases
        from three thousand three hundred ninety six in 1988.
            (3) The cost of appropriate immunizations is minimal. One
        estimate places that cost at $130 per child.
            (4) The typical price per dose of a measles, mumps, rubella
        vaccine is approximately $24 to the practitioner and the
        average cost of hospitalization for a child with measles is
        approximately $5,000-$6,000.
            (5) A child who was not immunized from measles died in a
        California hospital after $800,000 was spent in an effort to
        treat the child's measles complications.
            (6) In November 1990 the measles rate for the year had
        already surpassed the rates of other full years since 1978 and
        deaths from measles are the highest since 1971. Measles caused
        more than sixty deaths in 1990, the largest annual number of
        reported cases due to measles in almost two decades.
            (7) Fifty four percent of measles cases occur among
        vaccine-eligible infants and preschool children who have not
        been vaccinated.
            (8) One-third to one-half of children up to age two who
        live in poor, inner-city areas are not properly immunized.
            (9) Preschool children in other Western, industrialized
        nations have significantly higher immunization rates than
        United States children of the same age group.
            (10) There are seven to nine million uninsured children in
        the United States.
            (11) While programs to immunize school-aged children have
        been very successful, preschoolers as a group now make up 47
        percent of measles cases, up from 25 percent in 1988.
            (12) Computerized systems of tracking immunization status
        and utilization from birth have been operationalized in several
        countries, including Great Britain and the Netherlands. Such
        systems can aid in surveillance of immunization status,
        provision of reminders to parents when vaccines are due, and
        monitoring the distribution of vaccines through public and
        private providers.

SEC. 3. ESTABLISHMENT OF ENTITLEMENT PROGRAM REGARDING IMMUNIZATION OF
              INFANTS AGAINST VACCINE-PREVENTABLE DISEASES.

    (a) In General.--Each infant in the United States--
            (1) who has not reached the infant's second birthday,
            (2) who is a citizen or national of the United States, an
        alien lawfully admitted for permanent residence, or other alien
        permanently in the United States under color of law, and
            (3) who is not entitled under a health insurance policy or
        other health benefit plan to receive (or have any payment made
        for the expenses of) any immunization specified under section
        7, is entitled to receive without charge, in accordance with
        this Act, immunizations against vaccine-preventable diseases.
    (b) Implementation Through System of Vouchers.--The entitlement
established in subsection (a) shall be implemented through the use of
vouchers issued under section 5. Such vouchers represent the obligation
of the Federal Government to pay, subject to section 6, the costs of
providing the immunizations specified under section 7 for the infants
for whom the vouchers are issued.

SEC. 4. OBLIGATION TO PROVIDE IMMUNIZATIONS.

    (a) In General.--Any licensed health care professional or provider
who or which is authorized by law to provide immunizations specified
under section 7 and who or which is engaged in the public or private
practice of pediatrics or family medicine shall provide the
immunizations specified under section 7 that are appropriate for the
age of the infant involved if a voucher issued under section 5 for the
infant is presented to the professional or provider.
    (b) Applicability.--The requirement established in subsection (a)
shall apply to a professional or provider without regard to whether the
professional or provider provides health services as a participant in
the program established in title XVIII of the Social Security Act or
the program established in title XIX of such Act, and without regard to
whether the professional or provider otherwise receives Federal
payments or Federal financial assistance for any purpose.

SEC. 5. ISSUANCE OF VOUCHERS.

    (a) In General.--The Secretary of Health and Human Services shall
provide for the issuance of vouchers for purposes of section 3(b). Each
such voucher shall--
            (1) bear a seal for purposes of indicating that the voucher
        has been issued for purposes of the entitlement established in
        section 3(a);
            (2) contain the name of the infant for whom the voucher is
        issued and the name and address of not less than one parent of
        the infant;
            (3) in summary form state the principal legal rights and
        obligations arising with respect to the voucher; and
            (4) contain a simple explanation of what immunizations are
        needed and why.
    (b) Eligibility.--A voucher shall not be issued under this section
with respect to an infant unless the infant is described in section
3(a) and an application for the voucher has been made and signed by a
parent of the infant.
    (c) Application for Issuance.--
            (1) Hospitals.--The Secretary shall provide for a process
        by which a hospital, in which an infant eligible for a voucher
        is born, issues the voucher to the parent of the infant at the
        time of birth if the hospital determines, based on information
        supplied by the parent, that the infant is described in section
        3(a). Under the process, the hospital shall complete the
        application for the voucher on behalf of the infant, obtain the
        signature of a parent as to the accuracy of the information
        supplied, and forward the application to the Secretary.
            (2) Community health centers.--The Secretary shall provide
        for a process by which a community health center issues a
        voucher to the parent of an infant if--
                    (A) based upon information supplied by the parent
                to the center, the center determines that the infant is
                described in section 3(a) and a voucher has not been
                previously issued with respect to the infant, and
                    (B) the infant is a patient at the center.
        Under the process, the center shall complete the application
        for the voucher on behalf of the infant, obtain the signature
        of a parent as to the accuracy of the information supplied, and
        forward the application to the Secretary.
            (3) Secretary.--In cases not described in paragraph (1) or
        (2), the Secretary shall provide for direct issuance of a
        voucher to a parent of an infant described in section 3(a) upon
        application by the parent.

SEC. 6. REIMBURSEMENT FOR PROVISION OF IMMUNIZATIONS.

    (a) In General.--In the case of a professional or provider
providing immunizations pursuant to the presentation of vouchers issued
under section 5, the Secretary shall make a single payment to the
professional or provider each quarter of the fiscal year as
reimbursement for the costs of immunizations provided in the preceding
quarter if--
            (1) the professional or provider submits to the Secretary
        the vouchers involved;
            (2) the Secretary determines that the vouchers were
        obtained, and the immunizations involved were provided, in
        accordance with this Act; and
            (3) the vouchers are submitted to the Secretary in
        accordance with such procedures and meet such requirements as
        the Secretary determines to be necessary to carry out paragraph
        (2).
    (b) Amount of Reimbursement.--The Secretary shall establish amounts
of reimbursement that will be provided for types of immunizations
specified under section 7. Each such reimbursement shall include
reimbursement both for the vaccine and for the professional service of
providing the immunization.

SEC. 7. SPECIFICATION OF IMMUNIZATIONS.

    The immunizations specified in this section are such immunizations
as may be established by the Secretary based on the recommendations of
the Advisory Committee on Immunization Practice of the Centers for
Disease
Control.

SEC. 8. GENERAL PROVISIONS.

    (a) Provision of Information Regarding Program.--The Secretary
shall carry out activities--
            (1) to inform the public of the entitlement established in
        section 3(a), including the manner in which an application
        under section 5(c) may be obtained; and
            (2) to inform professionals and providers of their legal
        rights and obligations regarding vouchers issued under section
        5.
    (b) Regulations.--The Secretary shall by regulation issue criteria
for carrying out sections 3 through 7. For purposes of the preceding
sentence, the final rule shall be issued not later than ninety days
after the date of the enactment of this Act.
    (c) Applicability.--The entitlement established in section 3(a)
shall apply upon the expiration of the forty-five day period beginning
on the date on which the final rule referred to in subsection (b) is
required under such subsection to be issued.
    (d) Definitions.--For purposes of this Act:
            (1) The term ``Secretary'' means the Secretary of Health
        and Human Services.
            (2) The term ``parent'' means any parent, step-parent,
        grandparent, or duly appointed guardian.
            (3) The term ``United States'' includes Puerto Rico, Guam,
        the Virgin Islands, American Samoa, and the Northern Mariana
        Islands.
    (e) Authorization of Appropriations.--For the purpose of carrying
out this Act, there are authorized to be appropriated such sums as may
be necessary for fiscal year 1994 and each subsequent fiscal year.

SEC. 9. NATIONAL IMMUNIZATION REGISTRY SYSTEM.

    (a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control, shall establish a national immunization
registry system (in this section referred to as the ``registry''). The
purpose of the system is to provide for national surveillance of
childhood immunization status through age six.
    (b) 2-Year Research and Demonstration Phase.--
            (1) In general.--The Secretary shall make grants to public
        and nonprofit private entities to conduct research and
        demonstration projects aimed at identifying mechanisms and
        structures to develop the registry, including--
                    (A) projects to test methods for collecting birth
                certificate and immunization information in a large
                central data system;
                    (B) projects to evaluate the capacity of public
                health agencies to provide birth certificate and
                immunization information in a cost-effective and
                efficient manner;
                    (C) projects to assess techniques for tracking
                children in mobile populations across geographic areas;
                    (D) projects to explore the feasibility of a
                registry which requires the participation by private
                providers of immunization services; and
                    (E) projects to demonstrate the efficient use of
                registry information in providing immunization status.
            (2) Authorization of appropriations.--There are authorized
        to be appropriated to carry out this subsection $7,000,000 in
        fiscal year 1994 and $12,000,000 in fiscal year 1995.
    (c) Enhancement of Information Systems.--
            (1) In general.--The Secretary, based on projects conducted
        under subsection (b), shall expand the registry to cover the
        entire Nation. In doing this, the Secretary shall--
                    (A) develop the capacity to link and process all
                birth certificate records through a central registry;
                    (B) enhance State and local technical capacity to
                provide information through use of resources (such as
                new computer hardware and software or technical
                assistance);
                    (C) promote participation by private providers who
                administer childhood vaccines; and
                    (D) develop mechanisms to collect information on
                all doses of vaccine administered to preschool age
                children in both the public and private sectors.
            (2) Authorization of appropriations.--There are authorized
        to be appropriated to carry out this subsection $50,000,000 in
        fiscal year 1996.
    (d) Full Implementation.--
            (1) In general.--Beginning with fiscal year 1997, the
        Secretary shall provide for full implementation of the
        registry. In implementing such registry, the Secretary shall
        provide that--
                    (A) all infants born in the United States are
                registered through birth certificate information that
                relates to immunization tracking and vaccine
                administration;
                    (B) information on doses of vaccines administered
                to all children under six years of age is collected;
                    (C) appropriate notices are provided to parents
                regarding overdue vaccinations; and
                    (D) appropriate records are provided to parents for
                their children entering schools or day care programs.
        The Secretary shall include information on the operation of the
        registry with annual reports submitted to Congress on the
        operation of the vaccine system provided under the other
        provisions of this Act.
            (2) Authorization of appropriations.--There are authorized
        to be appropriated to carry out this subsection $50,000,000 in
        each fiscal year, beginning with fiscal year 1997.

Summary: Immunization Now Act of 1993 - Entitles each infant in the United States under two years old who does not have other health insurance and who meets other requirements to receive immunizations without charge. Requires any licensed health care professional to provide immunizations in exchange for vouchers issued through hospitals or community health centers or on direct application by the parent, with quarterly reimbursements to health care providers in amounts set by the Secretary of Health and Human Services. Directs the Secretary to carry out activities to inform the public and health care providers regarding the program. Authorizes appropriations. Establishes a national immunization registry system to provide for national surveillance of childhood immunization status through age six. Mandates grants for research and demonstration projects to identify mechanisms and structures to develop the registry. Requires certain measures to expand the registry from the projects to cover the entire Nation. Requires full implementation of the registry by 1997. Authorizes appropriations.

Immunization Now Act of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Medications for the Elderly
Act''.

SEC. 2. MEDICARE COVERAGE OF PHARMACEUTICAL CARE SERVICES.

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

                 ``Covered Pharmaceutical Care Services

    ``(oo)(1) The term `covered pharmaceutical care services' means
pharmaceutical care services described in paragraph (2) which are
furnished by a pharmacist who is legally authorized to furnish such
services under State law (or the State regulatory mechanism provided by
State law) of the State in which the services are furnished.
    ``(2) The pharmaceutical care services described in this paragraph
are as follows:
            ``(A) Services covered under subsection (s)(10) (relating
        to certain vaccines and their administration).
            ``(B) Consultation with a physician which results in the
        physician taking any of the following actions with respect to
        an outpatient prescription drug furnished to an individual
        enrolled under part B (without regard to whether or not payment
        is made for the drug under such part):
                    ``(i) A change in the individual's drug regimen to
                avoid an adverse interaction with another drug or
                medical condition.
                    ``(ii) A change in the dosage or form of an
                outpatient prescription drug taken by the individual.
                    ``(iii) The elimination of a drug from the
                individual's drug regimen.
                    ``(iv) The initiation of a drug therapy for a
                medical condition.
            ``(C) Consultation with an individual enrolled under part B
        which results in improved compliance by the individual with an
        outpatient prescription drug regimen with respect to any drug
        identified by the Secretary pursuant to paragraph (3), if the
        pharmacist maintains documentation (in accordance with such
        requirements as the Secretary may impose) that the improvement
        in compliance is considered necessary by the prescriber of the
        drug or under peer-reviewed medical literature.
    ``(3)(A) With respect to the consultations described in paragraph
(2)(C), the Secretary shall, not later than one year after the date of
the enactment of this subsection, identify and publish a list of
outpatient prescription drugs (without regard to whether payment is
made for such drug under part B) which are used in the treatment of the
following conditions prevalent in the elderly:
            ``(i) Asthma and chronic obstructive pulmonary disease.
            ``(ii) Congestive heart failure.
            ``(iii) Depression.
            ``(iv) Hyperlipidemia.
            ``(v) Non-insulin-dependent diabetes.
            ``(vi) Prevention of stroke (including antihypertensive and
        anticoagulant therapy).
            ``(vii) Simultaneous use of 4 or more drugs.
    ``(B) Beginning 5 years after the date of the enactment of this
subsection, the Secretary may periodically update such list of drugs to
reflect changes in medical and pharmaceutical practice, the development
of new drugs, and other factors the Secretary considers appropriate.''.
    (c) Payment.--
            (1) In general.--Section 1833(a)(1) of such Act (42 U.S.C.
        1395l(a)(1)) is amended--
                    (A) by striking ``and (P)'' and inserting ``(P)'';
                and
                    (B) by striking the semicolon at the end and
                inserting the following: ``, and (Q) with respect to
                covered pharmaceutical care services (as defined in
                section 1861(oo)), the amounts paid shall be the
                amounts described in section 1834(k)(1);''.
            (2) Establishment of fee schedule.--Section 1834 of such
        Act (42 U.S.C. 1395m) is amended by adding at the end the
        following new subsection:
    ``(k) Fee Schedules for Pharmaceutical Care Services.--
            ``(1) Development.--The Secretary shall develop--
                    ``(A) a relative value scale to serve as the basis
                for the payment of covered pharmaceutical care services
                (as defined in section 1861(oo)) under this part; and
                    ``(B) using such scale and appropriate conversion
                factors, fee schedules (on a regional, statewide,
                locality, or carrier service area basis) for payment
                for covered pharmaceutical care services under this
                part, to be implemented for such services furnished
                during years beginning after the expiration of the 3-
                year period which begins on the date of the enactment
                of this subsection.
            ``(2) Considerations.--In developing the relative value
        scale and fee schedules under paragraph (1), the Secretary
        shall take into account--
                    ``(A) differences in the time required to perform
                types of covered pharmaceutical care services;
                    ``(B) differences in the level of risk associated
                with the use of particular outpatient prescription
                drugs or groups of drugs; and
                    ``(C) differences in the health status of
                individuals to whom covered pharmaceutical care
                services are provided.
            ``(3) Payments prior to implementation of fee schedule.--In
        the case of covered pharmaceutical care services described in
        subparagraph (B) or (C) of section 1861(oo)(2) which are
        furnished prior to the implementation of the fee schedule under
        paragraph (1)(B), the amount of payment made under this part
        shall be equal to 80 percent of the amount which would be paid
        for the service under the fee schedule applicable under section
        1848 if the service were furnished by a physician.''.
            (3) Report to congress.--Not later than 3 years after the
        date of the enactment of this Act, the Secretary of Health and
        Human Services shall submit a report to Congress on the
        relative value scale and fee schedules developed pursuant to
        section 1834(k)(1) of the Social Security Act (as added by
        paragraph (2)) for covered pharmaceutical services under part B
        of the Medicare program.
    (d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 1997.

Summary: Safe Medications for the Elderly Act - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for Medicare part B coverage of certain pharmaceutical care services. And (2) direct the Secretary of Health and Human Services to develop a relative value scale and fee schedules for the payment of such services.

Safe Medications for the Elderly Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Fund for Israeli-
Palestinian Peace Authorization Act of 2017''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Peaceful co-existence in the Middle East between
        Israelis and Palestinians, and between Muslims, Christians,
        Jews, and those of all backgrounds is in the interests of the
        United States, Israel, the Palestinian people, and the world.
            (2) While the United States and its international allies
        continue to support diplomatic and political negotiations
        between the representatives of the parties to the conflict as
        well as others, in the long run such efforts require broad
        popular support among people in order to succeed. In order to
        achieve lasting peace in the region, the people who live there
        must, over time, sustain any potential high-level agreements.
            (3) Through many independent individual and nongovernmental
        activities, tens of thousands of people of different
        backgrounds are already working together to build better
        relations between people, through people-to-people coexistence
        and trust-building measures, activities, and other cooperative
        efforts.
            (4) By working cooperatively on shared goals and addressing
        mutual understanding, participants in such activities,
        including youth, can come to reject violence and understand the
        promise of peaceful coexistence.
            (5) Through support for people-to-people exchanges in the
        region and joint economic initiatives, millions of ordinary
        citizens affected by this conflict can assist in building
        support for lasting peace.
            (6) Working together, the United States, countries around
        the world, and the private sector can, and often seek to
        support opportunities that, help sustain support for peace with
        the establishment and funding of an independent International
        Fund for Israeli-Palestinian Peace (referred to in this Act as
        the ``International Fund''), to promote and support contact,
        cooperation, dialogue, shared community building, peaceful
        coexistence, joint economic development, and reconciliation
        between Israelis and Palestinians.
            (7) United States and international support for grassroots
        people-to-people efforts can help serve as an antidote to false
        propaganda by terrorist groups and the growing issue of
        incitement.
            (8) The International Fund shall serve as a coordinating
        entity offering expertise and support, adhering to best
        practices for governance, transparency, assessment and
        accountability. The International Fund will be an ongoing
        presence and catalyst for rejecting violence and building broad
        public support for sustaining peace in the region. The
        International Fund is not intended to be a political forum, but
        a grant-making body to facilitate enduring people-to-people
        relationships and sustained joint economic development.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To urge the President to make every effort, in
        conjunction with the Government of Israel, the Palestinian
        Authority, regional governments, and the international
        community to establish a non-political, mutually acceptable
        International Fund to promote and support contact, cooperation,
        dialogue, shared community building, peaceful coexistence,
        joint economic development, and reconciliation between Israelis
        and Palestinians.
            (2) To provide for United States contributions to consist
        of amounts made available to carry out chapter 4 of part II of
        the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.
        (relating to the Economic Support Fund)) for payment to the
        International Fund to carry out the activities described in
        paragraph (1), in addition to overhead costs of the
        establishment of said fund and the function of its oversight
        board.

SEC. 3. ESTABLISHMENT OF INTERNATIONAL FUND FOR ISRAELI-PALESTINIAN
              PEACE.

    Congress urges the President to make every effort, in conjunction
with the Government of Israel, the Palestinian Authority, and the
international community, to establish an International Fund for
Israeli-Palestinian Peace governed by a board of the constituent
parties to carry out the purposes described in section 2(b).

SEC. 4. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND FOR
              ISRAELI-PALESTINIAN PEACE.

    (a) In General.--Of the amounts made available for each of fiscal
years 2017 through 2021 to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq. (relating to the
Economic Support Fund)), $50,000,000 is authorized to be appropriated
for United States contributions to the International Fund following the
committee of jurisdictions agreement to the structure of the fund and
its board.
    (b) Additional Authorities.--Amounts authorized to be appropriated
pursuant to subsection (a)--
            (1) are in addition to amounts otherwise authorized to be
        appropriated for such purposes; and
            (2) are authorized to remain available until expended.

SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO INTERNATIONAL FUND
              FOR ISRAELI-PALESTINIAN PEACE.

    (a) Support and Promotion of Purposes.--United States contributions
to the International Fund provided for in section 4 may be used only to
support and promote the purposes described in section 2(b).
    (b) Additional Restrictions.--The restrictions described in section
531(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(e)) shall
apply to United States contributions to the International Fund provided
for in section 4 to the same extent and in the same manner as such
restrictions apply to amounts made available to carry out chapter 4 of
part II of the Foreign Assistance Act of 1961. The United States
contributions shall be managed and dispersed through existing USAID
mechanisms.
    (c) United States Representation on Board of International Fund.--
The United States shall provide two representatives from different
political parties to the Board of the International Fund. The function
of the board is to provide recommendations for programmatic support and
direction on promoting contact, cooperation, dialogue, shared community
building, peaceful coexistence, joint economic development, and
reconciliation between Israelis and Palestinians. The board should
oversee and contain an expertise in program integrity, monitoring and
evaluation and assessment.

SEC. 6. ANNUAL REPORT.

    (a) In General.--At the end of each fiscal year in which the United
States Government makes any contribution to the International Fund in
accordance with this Act, the President shall transmit to Congress a
written report on the extent to which the International Fund and United
States contributions to the International Fund have contributed to
promoting and supporting contact, cooperation, dialogue, shared
community building, peaceful coexistence, joint economic development,
and reconciliation between Israelis and Palestinians.
    (b) Matters To Be Included.--The reports required under subsection
(a) shall also include the following:
            (1) Information on contributions pledged to, contributions
        (including donations from the private sector) received by, and
        projects funded by the International Fund, and the mechanisms
        established for transparency and accountability in the grant-
        making process.
            (2) A description of the International Fund's operations,
        activities, budget, receipts, and expenditures for the
        preceding 12-month period, including an audited report of the
        International Fund's finances, including statements of
        financial position, operations, and cash flows, in accordance
        with the United States generally accepted government auditing
        standards as prescribed by the Comptroller General.
            (3) Insights gleaned from what drives the efficacy of
        people-to-people relationships in addition to a description of
        potential strategies for getting to sustainability for civic
        institutions that the fund creates or supports including novel
        financing mechanisms.

Summary: International Fund for Israeli-Palestinian Peace Authorization Act of 2017 This bill urges the President to make every effort, in conjunction with the government of Israel, the Palestinian Authority, and the international community, to establish an International Fund for Israeli-Palestinian Peace to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. The bill authorizes appropriations for US contributions to the fund following the committee of jurisdictions' agreement to the structure of the fund and its board.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Care Corps Act of 2015''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Corps.--The term ``Corps'' means the National Care
        Corps established under section 3 of this Act.
            (2) Director.--The term ``Director'' means the Director of
        the Corps appointed under section 3(b)(1) of this Act.
            (3) Local care corps program.--The term ``local Care Corps
        program'' means a program funded with a grant awarded under
        section 10(b) of this Act that hosts Corps volunteers and
        arranges for them to provide approved services to individuals
        in need.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS.

    (a) In General.--There is established in the Department of Health
and Human Services a program to be known as the ``National Care Corps''
through which Corps volunteers provide approved services to individuals
in need via participation in local Care Corps programs.
    (b) Staff.--
            (1) Appointment of director.--The Secretary, acting through
        the Administrator of the Administration for Community Living,
        shall appoint a Director of the Corps.
            (2) Duties of director.--The Director shall--
                    (A) design, develop, and administer Corps programs;
                    (B) manage the daily operations of the Corps; and
                    (C) report to the Administrator of the
                Administration for Community Living.
            (3) Authority to employ staff.--The Director may employ
        such staff as is necessary to carry out this Act.

SEC. 4. SELECTION AND ELIGIBILITY OF VOLUNTEERS.

    (a) In General.--
            (1) Selection.--The Director shall select eligible
        individuals as Corps volunteers.
            (2) Nondiscrimination.--In selecting Corps volunteers, the
        Director shall comply with all applicable provisions of State
        and Federal laws and regulations pertaining to
        nondiscrimination and equal employment opportunity.
    (b) Eligible Individuals.--To be eligible to serve as a volunteer
in the Corps, an individual shall--
            (1) be at least 18 years of age on or before December 31 of
        the calendar year in which the individual begins participation
        in the Corps;
            (2) agree to participate in the Corps for a period of not
        more than 24 months, consisting of not more than 2 terms of up
        to 12 months;
            (3) submit an application to the Director at such time, in
        such manner, and containing such information as the Director
        may require;
            (4) pass a criminal background check as described in
        subsection (c); and
            (5) agree to comply with such terms and conditions as the
        Director may require.
    (c) Criminal Background Check.--
            (1) In general.--Before selecting any individual to serve
        as a volunteer in the Corps, the Director shall request a
        criminal background check of such individual on a nationwide
        basis.
            (2) Volunteer prohibitions.--An individual shall be
        ineligible to be a Corps volunteer if--
                    (A) such individual refuses to consent to the
                criminal background check; or
                    (B) the criminal background check does not
                demonstrate to the Director's satisfaction that such
                individual is fit for Corps service.

SEC. 5. AUTHORIZED BENEFITS FOR CORPS VOLUNTEERS.

    (a) In General.--The Director shall provide for Corps volunteers to
receive allowances, health insurance, and post-service educational
awards authorized by this section.
    (b) Allowances.--The Director shall provide each Corps volunteer
with such living, travel, and leave allowances, and such housing,
transportation, supplies, equipment, and subsistence as the Director
determines to be necessary for the volunteer's maintenance and to
ensure the volunteer's health and capacity to serve effectively.
    (c) Health Insurance.--
            (1) In general.--The Director shall provide for each Corps
        volunteer to receive health insurance coverage.
            (2) Minimum essential coverage.--The health insurance
        coverage described paragraph (1) shall meet the requirements of
        section 5000A(f) of the Internal Revenue Code of 1986.
    (d) Post-Service Educational Award.--
            (1) In general.--The Director shall establish an
        educational award for Corps volunteers.
            (2) Amounts.--
                    (A) Number of awards.--A Corps volunteer may
                receive up to 2 educational awards under this
                subsection, one for each term of service as a
                volunteer.
                    (B) Amount for full term of service.--In the case
                of a Corps volunteer who completes a term of full-time
                service in the Corps for a period of 12 months, as
                determined by the Director, such volunteer shall
                receive an educational award having a value equal to
                the maximum amount of a Federal Pell Grant under
                section 401 of the Higher Education Act of 1965 (20
                U.S.C. 1070a) that a student eligible for such grant
                may receive in the aggregate (without regard to whether
                the funds are provided through discretionary or
                mandatory appropriations) for the award year.
                    (C) Incentive to pursue a degree in a health care
                profession.--In the case of a Corps volunteer who
                commits to using his or her educational award (or
                awards, if applicable) under this subsection for
                completion of a degree, a certificate, or training in a
                health care profession, the value of such awards shall
                be twice the value that would otherwise be applicable
                under subparagraph (B).
                    (D) Amount for other periods of service.--
                            (i) In the case of a Corps volunteer who
                        completes less than a 12-month term of full-
                        time service in the Corps, as determined by the
                        Director, such volunteer may receive a portion
                        of the educational award described in
                        subparagraph (B) or (C) (as applicable) that
                        corresponds to the quantity of service actually
                        completed by the volunteer.
                            (ii) In the case of a Corps volunteer who
                        completes more than 12 months of full-time
                        service in the Corps, and less than 24 months
                        of such service, as determined by the Director,
                        such volunteer may receive, for the portion of
                        service exceeding 12 months, a portion of the
                        educational award described in subparagraph (B)
                        or (C) (as applicable) that corresponds to the
                        quantity of service actually completed by the
                        volunteer.
            (3) Uses of award.--An educational award shall be used to
        pay--
                    (A) costs of attendance at an institution of higher
                education; or
                    (B) government or commercial loans received by an
                individual for the cost of attendance at an institution
                of higher education.
            (4) Definitions.--For purposes of this subsection, the
        following definitions shall apply:
                    (A) Cost of attendance.--The term ``cost of
                attendance'' has the meaning given such term by section
                472 of the Higher Education Act of 1965 (20 U.S.C.
                1087ll).
                    (B) Institution of higher education.--The term
                ``institution of higher education'' has the meaning
                given such term under subsection (a) or (b) of section
                101 of the Higher Education Act of 1965 (20 U.S.C.
                1001).
    (e) Federal Hiring Preference.--In the case of a Corps volunteer
who completes at least one term of full-time service in the Corps for a
total period of 12 months or more, as determined by the Director, such
volunteer shall be eligible for appointment in the competitive service
in the same manner as Peace Corps volunteers as prescribed in Executive
Order Number 11103 (April 10, 1963).
    (f) Regulations.--The Director shall issue any regulations that the
Director determines to be necessary to carry out this section.

SEC. 6. ASSIGNMENT OF CORPS VOLUNTEERS TO SENIORS AND INDIVIDUALS WITH
              DISABILITIES.

    (a) Assignment of Corps Volunteers.--
            (1) In general.--The Director shall assign each Corps
        volunteer to participate in a local Care Corps program.
            (2) Priority of assignment.--In assigning Corps volunteers
        to local Care Corps programs, the Director shall--
                    (A) take into consideration the population and
                geographic preferences of the volunteers; and
                    (B) assign not less than 20 percent of volunteers
                to programs that serve geographic areas in which the
                Director determines there is a shortage of approved
                services available to individuals in need, with
                consideration given to low-income and minority
                populations.
    (b) Services Provided by Corps Volunteers.--
            (1) In general.--The Director shall assign Corps volunteers
        only for providing approved services to individuals in need
        through participation in local Care Corps programs.
            (2) Approved services.--Approved services are services
        provided directly to individuals in need in home-based or
        community-based settings that--
                    (A) result in person-to-person, supportive
                relationships with each individual served;
                    (B) support the achievement and maintenance of the
                highest level of independent living for each individual
                in need;
                    (C) are supported by appropriate orientation,
                training, and supervision; and
                    (D) are provided in support of, or in coordination
                with, a caregiver, if applicable.
            (3) Prohibited services.--In performing duties as a Corps
        volunteer, no volunteer shall provide--
                    (A) professional medical services;
                    (B) administrative support services to a local
                Corps program;
                    (C) care in an institutional setting;
                    (D) care prohibited under State law; or
                    (E) any other services determined by the director
                to be inconsistent with the purposes of the Corps.
            (4) Guidance regarding scope of services.--The Director
        shall issue guidance describing the scope of services that may
        be provided by Corps volunteers. In issuing such guidance, the
        Director shall provide for a public notice and comment period
        of not less than 60 days before issuing the guidance in final
        form.
    (c) Individual In Need.--The term ``individual in need'' means an
individual who--
            (1) is at least 65 years of age or has a disability as
        defined in section 3 of the Americans With Disabilities Act of
        1990 (42 U.S.C. 12102);
            (2) has difficultly with self-care or living independently;
        and
            (3) meets such other criteria as the Director determines to
        be appropriate.

SEC. 7. TRAINING AND STANDARDS OF CONDUCT.

    (a) Pre-Assignment Training Program.--The Director shall develop a
training program that provides Corps volunteers with instruction in the
skills necessary to carry out an assignment in a local Care Corps
program. Such training program shall include--
            (1) at least 40 hours of instruction for each Corps
        volunteer for each term (of 12 months or less) to be served in
        the Corps by the volunteer;
            (2) additional training for volunteers whose assignment
        requires further instruction; and
            (3) any other requirements the Director determines to be
        appropriate.
    (b) Standards of Conduct.--The Director shall establish and enforce
standards to promote proper conduct and discipline within the Corps.

SEC. 8. STATUS OF CORPS VOLUNTEERS UNDER FEDERAL LAW.

    (a) In General.--Except as otherwise provided in this section,
Corps volunteers shall not, by reason of their status as volunteers, be
treated as Federal employees or be subject to the provisions of law
relating to Federal employment.
    (b) Work-Related Injuries.--
            (1) In general.--For purposes of subchapter I of chapter 81
        of title 5, United States Code, relating to the compensation of
        Federal employees for work injuries, Corps volunteers shall be
        treated as employees of the United States within the meaning of
        the term ``employee'', as defined in section 8101 of such
        title.
            (2) Special rule.--In the application of the provisions of
        subchapter I of chapter 81 of title 5, United States Code, to a
        Corps volunteer, the volunteer shall not be treated to be in
        the performance of duty while absent from the volunteer's
        assigned post of duty unless the absence is authorized in
        accordance with procedures prescribed by the Director.
    (c) Tort Claims Procedure.--A Corps volunteer shall be treated an
employee of the United States for purposes of chapter 171 of title 28,
United States Code, relating to tort claims liability and procedure.

SEC. 9. REPORTING REQUIREMENTS.

    The Secretary of Health and Human Services, acting through the
Administrator of the Administration for Community Living, shall
transmit to Congress at least once in each fiscal year a report on the
Corps. At minimum, such report shall include--
            (1) a description of the population served by the Corps
        during the preceding fiscal year, including--
                    (A) an estimate of the number of individuals served
                in each State, disaggregated by race, ethnicity, and
                socioeconomic status; and
                    (B) identification of the type of settings in which
                the services were provided;
            (2) an evaluation of Corps operations; and
            (3) recommendations, if any, for improving Corps
        operations.

SEC. 10. LOCAL CARE CORPS PROGRAMS.

    (a) Functions of Local Care Corps Programs.--Local Care Corps
programs shall--
            (1) conduct in-person orientation and training for Corps
        volunteers;
            (2) develop and monitor volunteer assignments, which shall
        include selecting the individuals in need to be served by Corps
        volunteers, matching volunteers to assignments, and supervising
        volunteers;
            (3) maintain records and prepare reports as required by the
        Director; and
            (4) carry out any other activities determined to be
        appropriate by the Director.
    (b) Grants for Local Care Corps Programs.--The Director may award
grants to qualified entities for the operation of local Care Corps
programs.
            (1) Qualified entity.--The term ``qualified entity'' means
        a public or private nonprofit entity that is--
                    (A) part of an aging network, as defined by section
                102(5) of the Older Americans Act of 1965 (42 U.S.C.
                3002(5));
                    (B) a time-banking or volunteer organizing agency;
                    (C) a State, county, or local government; or
                    (D) any other entity determined to be appropriate
                by the Director.
            (2) Application process.--To be eligible for a grant under
        this subsection, a qualified entity shall--
                    (A) submit an application to the Director at such
                time, in such manner, and containing such information
                as the Director may require; and
                    (B) abide by such terms and conditions as the
                Director determines to be appropriate.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated
$350,000,000 for each of the fiscal years beginning after the date of
the enactment of this Act.
    (b) Continued Availability of Funds.--Amounts authorized to be
appropriated under subsection (a) for a fiscal year are authorized to
remain available for that fiscal year and the subsequent fiscal year.

Summary: National Care Corps Act of 2015 Establishes in the Department of Health and Human Services the National Care Corps through which Corps volunteers provide certain services to individuals in need who are age 65 or older or have a disability and have difficulty with self-care or living independently.

National Care Corps Act of 2015


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NIST Cybersecurity Framework,
Assessment, and Auditing Act of 2017''.

SEC. 2. NIST MISSION TO ADDRESS CYBERSECURITY THREATS.

    Section 20(a)(1) of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3(a)(1)) is amended by inserting ``,
emphasizing the principle that expanding cybersecurity threats require
engineering security from the beginning of an information system's life
cycle, building more trustworthy and secure components and systems from
the start, and applying well-defined security design principles
throughout'' before the semicolon.

SEC. 3. IMPLEMENTATION OF CYBERSECURITY FRAMEWORK.

    The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended by inserting after section 20 the following:

``SEC. 20A. FRAMEWORK FOR IMPROVING CRITICAL INFRASTRUCTURE
              CYBERSECURITY.

    ``(a) Implementation by Federal Agencies.--The Institute shall
promote the implementation by Federal agencies of the Framework for
Improving Critical Infrastructure Cybersecurity (in this section and
section 20B referred to as the `Framework') by providing to the Office
of Management and Budget, the Office of Science and Technology Policy,
and all other Federal agencies, not later than 6 months after the date
of enactment of the NIST Cybersecurity Framework, Assessment, and
Auditing Act of 2017, guidance that Federal agencies may use to
incorporate the Framework into their information security risk
management efforts, including practices related to compliance with
chapter 35 of title 44, United States Code, and any other applicable
Federal law.
    ``(b) Guidance.--The guidance required under subsection (a) shall--
            ``(1) describe how the Framework aligns with or augments
        existing agency practices related to compliance with chapter 35
        of title 44, United States Code, and any other applicable
        Federal law;
            ``(2) identify any areas of conflict or overlap between the
        Framework and existing cybersecurity requirements, including
        gap areas where additional policies, standards, guidelines, or
        programs may be needed to encourage Federal agencies to use the
        Framework and improve the ability of Federal agencies to manage
        cybersecurity risk;
            ``(3) include a template for Federal agencies on how to use
        the Framework, and recommend procedures for streamlining and
        harmonizing existing and future cybersecurity-related
        requirements, in support of the goal of using the Framework to
        supplant Federal agency practices in compliance with chapter 35
        of title 44, United States Code;
            ``(4) recommend other procedures for compliance with
        cybersecurity reporting, oversight, and policy review and
        creation requirements under such chapter 35 and any other
        applicable Federal law; and
            ``(5) be updated, as the Institute considers necessary, to
        reflect what the Institute learns from ongoing research, the
        audits conducted pursuant to section 20B(c), the information
        compiled by the Federal working group established pursuant to
        subsection (c), and the annual reports published pursuant to
        subsection (d).
    ``(c) Federal Working Group.--Not later than 3 months after the
date of enactment of the NIST Cybersecurity Framework, Assessment, and
Auditing Act of 2017, the Institute shall establish and chair a working
group (in this section referred to as the `Federal working group'),
including representatives of the Office of Management and Budget, the
Office of Science and Technology Policy, and other appropriate Federal
agencies, which shall--
            ``(1) not later than 6 months after the date of enactment
        of the NIST Cybersecurity Framework, Assessment, and Auditing
        Act of 2017, develop outcome-based and quantifiable metrics to
        help Federal agencies in their analysis and assessment of the
        effectiveness of the Framework in protecting their information
        and information systems;
            ``(2) update such metrics as the Federal working group
        considers necessary;
            ``(3) compile information from Federal agencies on their
        use of the Framework and the results of the analysis and
        assessment described in paragraph (1); and
            ``(4) assist the Office of Management and Budget and the
        Office of Science and Technology Policy in publishing the
        annual report required under subsection (d).
    ``(d) Report.--The Office of Management and Budget and the Office
of Science and Technology Policy shall develop and make publicly
available an annual report on agency adoption rates and the
effectiveness of the Framework. In preparing such report, the Offices
shall use the information compiled by the Federal working group
pursuant to subsection (c)(3).

``SEC. 20B. CYBERSECURITY AUDITS.

    ``(a) Initial Assessment.--
            ``(1) Requirement.--Not later than 6 months after the date
        of enactment of the NIST Cybersecurity Framework, Assessment,
        and Auditing Act of 2017, the Institute shall complete an
        initial assessment of the cybersecurity preparedness of the
        agencies described in paragraph (2). Such assessment shall be
        based on information security standards developed under section
        20, and may also be informed by work done or reports published
        by other Federal agencies or officials.
            ``(2) Agencies.--The agencies referred to in paragraph (1)
        are the agencies referred to in section 901(b) of title 31,
        United States Code, and any other agency that has reported a
        major incident (as defined in the Office of Management and
        Budget Memorandum--16--03, published on October 30, 2015, or
        any successor document).
            ``(3) National security systems.--The requirement under
        paragraph (1) shall not apply to national security systems (as
        defined in section 3552(b) of title 44, United States Code).
    ``(b) Audit Plan.--Not later than 6 months after the date of
enactment of this Act, the Institute shall prepare a needs-based plan
for carrying out the audits of agencies as required under subsection
(c). Such plan shall include a description of staffing plans, workforce
capabilities, methods for conducting such audits, coordination with
agencies to support such audits, expected timeframes for the completion
of audits, and other information the Institute considers relevant. The
plan shall be transmitted by the Institute to the congressional
entities described in subsection (c)(4)(F).
    ``(c) Audits.--
            ``(1) Requirement.--Not later than 6 months after the date
        of enactment of the NIST Cybersecurity Framework, Assessment,
        and Auditing Act of 2017, the Institute shall initiate an
        individual cybersecurity audit of each agency described in
        subsection (a)(2), to assess the extent to which the agency is
        meeting the information security standards developed under
        section 20.
            ``(2) Relation to framework.--Audits conducted under this
        subsection shall--
                    ``(A) to the extent applicable and available, be
                informed by the report on agency adoption rates and the
                effectiveness of the Framework described in section
                20A(d); and
                    ``(B) if the agency is required by law or executive
                order to adopt the Framework, be based on the guidance
                described in section 20A(b) and metrics developed under
                section 20A(c)(1).
            ``(3) Schedule.--The Institute shall establish a schedule
        for completion of audits under this subsection to ensure that--
                    ``(A) audits of agencies whose information security
                risk is high, based on the assessment conducted under
                subsection (a), are completed not later than 1 year
                after the date of enactment of the NIST Cybersecurity
                Framework, Assessment, and Auditing Act of 2017, and
                are audited annually thereafter; and
                    ``(B) audits of all other agencies described in
                subsection (a)(2) are completed not later than 2 years
                after the date of enactment of the NIST Cybersecurity
                Framework, Assessment, and Auditing Act of 2017, and
                are audited biennially thereafter.
            ``(4) Report.--A report of each audit conducted under this
        subsection shall be transmitted by the Institute to--
                    ``(A) the Office of Management and Budget;
                    ``(B) the Office of Science and Technology Policy;
                    ``(C) the Government Accountability Office;
                    ``(D) the agency being audited;
                    ``(E) the Inspector General of such agency, if
                there is one; and
                    ``(F) Congress, including the Committee on Science,
                Space, and Technology of the House of Representatives
                and the Committee on Commerce, Science, and
                Transportation of the Senate.''.

Summary: NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 This bill amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology (NIST), in developing standards for information systems, to emphasize the principle that expanding cybersecurity threats require: (1) engineering security from the beginning of a system's life cycle, (2) building more trustworthy and secure components and systems from the start, and (3) applying well-defined security design principles throughout systems. NIST must provide guidance for agencies to incorporate into their information security risk management efforts the Framework for Improving Critical Infrastructure Cybersecurity (Framework). Such guidance shall: describe how the Framework aligns or augments existing agency practices. Identify any areas of conflict or overlap between the Framework and existing cybersecurity requirements. Include a template for federal agencies on how to use the Framework and recommend procedures for streamlining and harmonizing existing and future cybersecurity-related requirements. Recommend other procedures for compliance with cybersecurity reporting, oversight, and policy review. And be updated to reflect what NIST learns from ongoing research, cybersecurity audits, information compiled by the federal working group, and annual reports. NIST must chair a federal working group to coordinate the development of metrics and tools to measure the effectiveness of the Framework for federal agencies protecting their information and information systems. The federal working group must assist the Office of Management and Budget (OMB) and Office of Science and Technology Policy (OSTP) in publishing annual reports on agency adoption rates and the effectiveness of the Framework. NIST must initiate an individual cybersecurity audit of certain agencies to assess the extent to whichnbsp, each agencynbsp. Meets information security standards. NIST shall prepare a needs-based plan for the audits that includes: (1) a description of staffing plans, (2) workforce capabilities, (3) methods of conducting such audits, (4) coordination with agencies to support such audits, (5) expected timeframe for the completion of the audits, and (6) other relevant information. NIST must report on the audit of each agency to: (1) OMB, (2) the OSTP, (3) the Government Accountability Office, (4) the agency being audited and its inspector general, and (5) Congress.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Property Rights Act of
1997''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the ownership of private property plays an important
        role in the economic and social well-being of the Nation;
            (2) the protection of private property from a taking by the
        Government without just compensation is an integral protection
        for private citizens incorporated into the United States
        Constitution by the fifth amendment and made applicable to the
        States by the fourteenth amendment;
            (3) Federal agency actions that restrict the use of private
        property and result in a significant diminution in value of
        such property constitute a taking of that property and should
        be properly compensated;
            (4) Federal agencies should consider the impact of agency
        actions, including regulations, on the use and ownership of
        private property; and
            (5) owners of private property that is taken by a Federal
        agency action should be permitted to seek relief in Federal
        district court.

SEC. 3. STATEMENT OF POLICY.

    The policy of the Federal Government is to protect the health,
safety, and general welfare of the public in a manner that, to the
extent practicable, avoids takings of private property.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``agency'' means a department, agency,
        independent agency, or instrumentality of the United States,
        including any military department, Government corporation,
        Government-controlled corporation, or other establishment in
        the executive branch of the United States Government;
            (2) the term ``agency action'' means any action, inaction,
        or decision taken by an agency and includes such an action,
        inaction, or decision taken by, or pursuant to--
                    (A) a statute, rule, regulation, order, guideline,
                or policy; or
                    (B) the issuance, denial, or suspension of any
                permit, license, or authorization;
            (3) the term ``owner'' means the person with title,
        possession, or other property rights in property affected by
        any taking of such property; and
            (4) the term ``taking of private property'' means any
        action whereby private property is taken in such a way as to
        require compensation under the fifth amendment to the United
        States Constitution.

SEC. 5. REQUIREMENT FOR PRIVATE PROPERTY TAKING IMPACT ANALYSIS.

    (a) In General.--To the fullest extent possible--
            (1) the policies, regulations, and public laws of the
        United States shall be interpreted and administered in
        accordance with the policies under this Act; and
            (2) subject to subsection (b), each agency shall complete a
        private property taking impact analysis before taking any
        agency action (including the promulgation of a regulation)
        which is likely to result in a taking of private property.
    (b) Nonapplication.--Subsection (a)(2) shall not apply to--
            (1) an action in which the power of eminent domain is
        formally exercised;
            (2) an action taken--
                    (A) with respect to property held in trust by the
                United States; or
                    (B) in preparation for, or in connection with,
                treaty negotiations with foreign nations;
            (3) a law enforcement action, including seizure, for a
        violation of law, of property for forfeiture or as evidence in
        a criminal proceeding;
            (4) a communication between an agency and a State or local
        land-use planning agency concerning a planned or proposed State
        or local activity that regulates private property, regardless
        of whether the communication is initiated by an agency or is
undertaken in response to an invitation by the State or local
authority;
            (5) the placement of a military facility or a military
        activity involving the use of solely Federal property;
            (6) any military or foreign affairs function (including a
        procurement function under a military or foreign affairs
        function), but not including the civil works program of the
        Army Corps of Engineers; and
            (7) any case in which there is an immediate threat to
        health or safety that constitutes an emergency requiring
        immediate response or the issuance of a regulation under
        section 553(b)(B) of title 5, United States Code, if the taking
        impact analysis is completed after the emergency action is
        carried out or the regulation is published.
    (c) Content of Analysis.--A private property taking impact analysis
shall be a written statement that includes--
            (1) the specific purpose of the agency action;
            (2) an assessment of the likelihood that a taking of
        private property will occur under such agency action;
            (3) an evaluation of whether such agency action is likely
        to require compensation to private property owners;
            (4) alternatives to the agency action that would--
                    (A) achieve the intended purposes of the agency
                action; and
                    (B) lessen the likelihood that a taking of private
                property will occur; and
            (5) an estimate of the potential liability of the Federal
        Government if the Government is required to compensate a
        private property owner as a result of the agency action.
    (d) Submission to OMB.--Each agency shall provide the analysis
required under this section as part of any submission otherwise
required to be made to the Office of Management and Budget relating to
an agency action.
    (e) Public Availability of Analysis.--An agency shall--
            (1) make each private property taking impact analysis
        available to the public; and
            (2) to the greatest extent practicable, transmit a copy of
        such analysis to the owner and any other person with a property
        right or interest in the affected property.

SEC. 6. ALTERNATIVES TO TAKING OF PRIVATE PROPERTY.

    Before taking any final agency action, the agency shall fully
consider alternatives described in section 5(c)(4) and shall, to the
maximum extent practicable, alter the action to avoid or minimize the
taking of private property.

SEC. 7. CIVIL ACTION.

    (a) Standing.--If an agency action results in the taking of private
property, the owner of such property may obtain appropriate relief in a
civil action against the agency that has caused the taking to occur.
    (b) Jurisdiction.--Notwithstanding sections 1346 or 1491 of title
28, United States Code--
            (1) a civil action against the agency may be brought in
        either the United States District Court in which the property
        at issue is located or in the United States Court of Federal
        Claims, regardless of the amount in controversy; and
            (2) if property is located in more than 1 judicial
        district, the claim for relief may be brought in any district
        in which any part of the property is located.

SEC. 8. GUIDANCE AND REPORTING REQUIREMENTS.

    (a) Guidance.--The Attorney General shall provide legal guidance in
a timely manner, in response to a request by an agency, to assist the
agency in complying with this Act.
    (b) Reports.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act and at the end of each 1-year period
        thereafter, each agency shall submit a report to the Director
        of the Office of Management and Budget and the Attorney General
        that identifies--
                    (A) each agency action that has resulted in the
                preparation of a taking impact analysis;
                    (B) the filing of a taking claim; and
                    (C) any award of compensation pursuant to the just
                compensation clause of the fifth amendment to the
                Constitution.
            (2) Publication of reports.--The Director of the Office of
        Management and Budget and the Attorney General shall publish in
        the Federal Register, on an annual basis, a compilation of the
        reports of all agencies made under this paragraph.

SEC. 9. PRESUMPTIONS IN PROCEEDINGS.

    For the purpose of any agency action or administrative or judicial
proceeding, there shall be a rebuttable presumption that the costs,
values, and estimates in any private property takings impact analysis
shall be outdated and inaccurate, if--
            (1) such analysis was completed 5 years or more before the
        date of such action or proceeding; and
            (2) such costs, values, or estimates have not been modified
        within the 5-year period preceding the date of such action or
        proceeding.

SEC. 10. RULES OF CONSTRUCTION.

    Nothing in this Act shall be construed to--
            (1) limit any right or remedy, constitute a condition
        precedent or a requirement to exhaust administrative remedies,
        or bar any claim of any person relating to such person's
        property under any other law, including claims made under this
        Act, section 1346 or 1402 of title 28, United States Code, or
        chapter 91 of title 28, United States Code; or
            (2) constitute a conclusive determination of--
                    (A) the value of any property for purposes of an
                appraisal for the acquisition of property, or for the
                determination of damages; or
                    (B) any other material issue.

SEC. 11. EFFECTIVE DATE.

    This Act shall take effect 120 days after the date of enactment of
this Act.

Summary: Private Property Rights Act of 1997 - States that the policy of the Federal Government is to protect the health, safety, and welfare of the public in a manner that, to the extent practicable, avoids takings of private property. Directs each Federal agency to complete a private property taking impact analysis before taking any agency action which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised. (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations, (3) law enforcement actions. (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property, (5) military activities or military or foreign affairs functions. And (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required under this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) relating to an agency action. Requires the agency, before taking any final agency action, to fully consider alternatives described in this Act, and to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. Allows the owner of private property, if an agency action results in the taking of such property, to obtain appropriate relief in a civil action against the agency that has caused the taking to occur. Provides for a civil action against the agency to be brought: (1) in either the US District Court in which the property at issue is located or in the US Court of Federal Claims (currently), regardless of the amount in controversy. And (2) if the property is located in more than one judicial district, in any district in which any part of the property is located. Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, and any award of compensation pursuant to the Just Compensation Clause of the fifth amendment to the Constitution. Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.

Private Property Rights Act of 1997


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care for Veterans of Project
112/Project SHAD Act of 2003''.

SEC. 2. PROVISION OF HEALTH CARE TO VETERANS WHO PARTICIPATED IN
              CERTAIN DEPARTMENT OF DEFENSE CHEMICAL AND BIOLOGICAL
              WARFARE TESTING.

    Section 1710(e) of title 38, United States Code, is amended--
            (1) in paragraph (1), by adding at the end the following
        new subparagraph:
    ``(E) Subject to paragraphs (2) and (3), a veteran who participated
in a test conducted by the Department of Defense Deseret Test Center as
part of a program for chemical and biological warfare testing from 1962
through 1973 (including the program designated as `Project Shipboard
Hazard and Defense (SHAD)' and related land-based tests) is eligible
for hospital care, medical services, and nursing home care under
subsection (a)(2)(F) for any illness, notwithstanding that there is
insufficient medical evidence to conclude that such illness is
attributable to such testing.''.
            (2) in paragraph (2)(B), by striking out ``paragraph (1)(C)
        or (1)(D)'' and inserting ``subparagraph (C), (D), or (E) of
        paragraph (1)''; and
            (3) in paragraph (3)--
                    (A) by striking ``and'' at the end of subparagraph
                (B);
                    (B) by striking the period at the end of
                subparagraph (C) and inserting ``; and''; and
                    (C) by adding at the end the following new
                subparagraph:
            ``(D) in the case of care for a veteran described in
        paragraph (1)(E), after December 31, 2005.''.

SEC. 3. IMPROVEMENTS TO THE RETENTION AND RECRUITMENT OF HEALTH CARE
              PROFESSIONALS.

    (a) Promotion Standards for Health Care Personnel.--Subsection (c)
of 7403 of title 38, United States Code, is amended by striking
``Promotions'' and inserting ``Consistent with subsection (a) of
section 7422 of this title, and notwithstanding subsection (b) of that
section, promotions''.
    (b) Promotions for Nurses Who Do Not Have Baccalaureate Degrees.--
Such section is further amended by adding at the end the following new
subsection:
    ``(h) In a case in which a registered nurse has accomplished the
performance elements required for promotion to the next grade, the lack
of a baccalaureate degree in nursing shall not be a bar to promotion to
that grade, and in such a case the registered nurse shall not be denied
a promotion on that basis.''.

SEC. 4. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH
              CARE WORKERS IN THE VETERANS HEALTH ADMINISTRATION.

    (a) In General.--Section 7454(b) of title 38, United States Code,
is amended by adding at the end the following new paragraph:
    ``(3) Employees appointed under section 7408 of this title shall be
entitled to additional pay on the same basis as provided for nurses in
section 7453(c) of this title.''.
    (b) Applicability.--The amendment made by subsection (a) shall
apply with respect to pay periods beginning on or after the date of the
enactment of this Act.

SEC. 5. COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE UNDER
              ADDITIONAL EMPLOYMENT LAWS.

    (a) Coverage.--Paragraph (5) of section 7802 of title 38, United
States Code, is amended by inserting before the semicolon a period and
the following: ``An employee appointed under this section may be
considered for appointment to a Department position in the competitive
service in the same manner that a Department employee in the
competitive service is considered for transfer to such position. An
employee of the Service who is appointed to a Department position in
the competitive service under the authority of the preceding sentence
may count toward the time-in-service requirement for a career
appointment in such position any previous period of employment in the
Service''.
    (b) Technical Amendments.--Such section is further amended--
            (1) by striking the semicolon at the end of each of
        paragraphs (1) through (10) and inserting a period;
            (2) by striking ``The Secretary '' and all that follows
        through ``(1) establish,'' and inserting ``(a) Locations for
        Canteens.--The Secretary shall establish,'';
            (3) by redesignating paragraphs (2) through (11) as
        subsections (b) through (k), respectively, and by realigning
        those subsections (as so redesignated) so as to be flush to the
        left margin;
            (4) in subsection (b) (as so redesignated), by inserting
        ``Warehouses and Storage Depots.--The Secretary shall'' before
        ``establish'';
            (5) in subsection (c) (as so redesignated), by inserting
        ``Space, Buildings, and Structures.--The Secretary shall''
        before ``furnish'';
            (6) in subsection (d) (as so redesignated), by inserting
        ``Equipment, Services, and Utilities.--The Secretary shall''
        before ``transfer'';
            (7) in subsection (e) (as so redesignated and as amended by
        subsection (a)), by inserting ``Personnel.--The Secretary
        shall'' before ``employ'';
            (8) in subsection (f) (as so redesignated), by inserting
        ``Contracts and Agreements.--The Secretary shall'' before
        ``make all'';
            (9) in subsection (g) (as so redesignated), by inserting
        ``Prices.--The Secretary shall'' before ``fix the'';
            (10) in subsection (h) (as so redesignated), by inserting
        ``Gifts and Donations.--The Secretary may'' before ``accept'';
            (11) in subsection (i) (as so redesignated), by inserting
        ``Rules and Regulations.--The Secretary shall'' before ``make
        such'';
            (12) in subsection (j) (as so redesignated), by inserting
        ``Delegation.--The Secretary may'' before ``delegate such'';
        and
            (13) in subsection (k) (as so redesignated), by inserting
        ``Authority To Cash Checks, Etc.--The Secretary may'' before
        ``authorize''.

            Passed the House of Representatives September 10, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: Health Care for Veterans of Project 112Project SHAD Act of 2003 - Makes a veteran who participated in a test conducted by the Department of Defense Deseret Test Center as part of a program for chemical and biological warfare testing from 1962 through 1973 (including the program designated as Project Shipboard Hazard and Defense eligible for hospital care, medical services, and nursing home care through the Department of Veterans Affairs for any illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such testing. Terminates such eligibility after December 31, 2005. Prohibits the lack of a baccalaureate degree in nursing from being a bar to, or resulting in the denial of, a promotion to the next higher grade for a Veterans Health Administration (VHA) registered nurse who has accomplished required performance elements. Authorizes additional pay for Saturday VHA nursing duty. Allows: (1) employees of the Veterans' Canteen Service (Service) to be considered for appointment to a Department position in the competitive service in the same manner that Department employees in the competitive service are considered for transfer to Service positions. And (2) former Service employees to count their previous period of employment toward the time-in-service requirement of a Department position in the competitive service.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide veterans who participated in certain Department of Defense chemical and biological warfare testing with health care for their illness without requirement for proof of service-connection.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Foundation on Physical
Fitness and Sports Establishment Act''.

SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.

    (a) Establishment.--There is established the National Foundation on
Physical Fitness and Sports (hereinafter in this Act referred to as the
``Foundation''). The Foundation is a charitable and nonprofit
corporation and is not an agency or establishment of the United States.
    (b) Purposes.--The purposes of the Foundation are--
            (1) in conjunction with the President's Council on Physical
        Fitness and Sports, to develop a list and description of
        programs, events and other activities which would further the
        goals outlined in Executive Order 12345 and with respect to
        which combined private and governmental efforts would be
        beneficial; and
            (2) to encourage and promote the participation by private
        organizations in the activities referred to in subsection
        (b)(1) and to encourage and promote private gifts of money and
        other property to support those activities.
    (c) Disposition of Money and Property.--At least annually the
Foundation shall transfer, after the deduction of the administrative
expenses of the Foundation, the balance of any contributions received
for the activities referred to in subsection (b), to the United States
Public Health Service Gift Fund pursuant to section 2701 of the Public
Health Service Act (42 U.S.C. 300aaa) for expenditure pursuant to the
provisions of that section and consistent with the purposes for which
the funds were donated.

SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

    (a) Establishment and Membership.--The Foundation shall have a
governing Board of Directors (hereinafter referred to in this Act as
the ``Board''), which shall consist of 11 members each of whom shall be
a United States citizen and--
            (1) 4 of whom must be knowledgeable or experienced in one
        or more fields directly connected with physical fitness,
        sports, or the relationship between health status and physical
        exercise; and
            (2) 7 of whom must be leaders in the private sector with a
        strong interest in physical fitness, sports, or the
        relationship between health status and physical exercise.
The membership of the Board, to the extent practicable, shall represent
diverse professional specialties relating to the achievement of
physical fitness through regular participation in programs of exercise,
sports, and similar activities. The Assistant Secretary for Health, the
Executive Director of the President's Council on Physical Fitness and
Sports, the Director for the National Center for Chronic Disease
Prevention and Health Promotion, the Director of the National Heart,
Lung, and Blood Institute, and the Director for the Centers for Disease
Control and Prevention shall be ex officio, nonvoting members of the
Board. Appointment to the Board or its staff shall not constitute
employment by, or the holding of an office of, the United States for
the purposes of any Federal employment or other law.
    (b) Appointments.--Within 90 days from the date of enactment of
this Act, the members of the Board will be appointed. Three members of
the Board will be appointed by the Secretary (hereinafter referred to
in this Act as the ``Secretary''), 2 by the majority leader of the
Senate, 1 by the minority leader of the Senate, 1 by the President Pro
Tempore of the Senate, 2 by the Speaker of the House of
Representatives, 1 by the majority leader of the House of
Representatives, 1 by the minority leader of the House of
Representatives.
    (c) Terms.--The members of the Board shall serve for a term of 6
years. A vacancy on the Board shall be filled within 60 days of the
vacancy in the same manner in which the original appointment was made
and shall be for the balance of the term of the individual who was
replaced. No individual may serve more than 2 consecutive terms as a
member.
    (d) Chairman.--The Chairman shall be elected by the Board from its
members for a 2-year term and will not be limited in terms or service.
    (e) Quorum.--A majority of the current membership of the Board
shall constitute a quorum for the transaction of business.
    (f) Meetings.--The Board shall meet at the call of the Chairman at
least once a year. If a member misses 3 consecutive regularly scheduled
meetings, that member may be removed from the Board and the vacancy
filled in accordance with subsection (c).
    (g) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Foundation, subject to the same limitations on
reimbursement that are imposed upon employees of Federal agencies.
    (h) Limitations.--The following limitations apply with respect to
the appointment of officers and employees of the Foundation:
            (1) Officers and employees may not be appointed until the
        Foundation has sufficient funds to pay them for their service.
        No individual so appointed may receive pay in excess of the
        annual rate of basic pay in effect for Executive Level V in the
        Federal service.
            (2) The first officer or employee appointed by the Board
        shall be the Secretary of the Board who shall serve, at the
        direction of the Board, as its chief operating officer and
        shall be knowledgeable and experienced in matters relating to
        physical fitness and sports.
            (3) No Public Health Service employee nor the spouse or
        dependent relative of such an employee may serve as an officer
        or member of the Board of Directors or as an employee of the
        Foundation.
            (4) Any individual who is an officer, employee, or member
        of the Board of the Foundation may not (in accordance with the
        policies developed under subsection (i)) personally or
        substantially participate in the consideration or determination
        by the Foundation of any matter that would directly or
        predictably affect any financial interest of the individual or
        a relative (as such term is defined in section 109(16) of the
        Ethics in Government Act, 1978) of the individual, of any
        business organization, or other entity, or of which the
        individual is an officer or employee, is negotiating for
        employment, or in which the individual has any other financial
        interest.
    (i) General Powers.--The Board may complete the organization of the
Foundation by--
            (1) appointing officers and employees;
            (2) adopting a constitution and bylaws consistent with the
        purposes of the Foundation and the provision of this Act; and
            (3) undertaking such other acts as may be necessary to
        carry out the provisions of this Act.
In establishing bylaws under this subsection, the Board shall provide
for policies with regard to financial conflicts of interest and ethical
standards for the acceptance, solicitation and disposition of donations
and grants to the Foundation.

SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

    (a) In General.--The Foundation--
            (1) shall have perpetual succession;
            (2) may conduct business throughout the several States,
        territories, and possessions of the United States;
            (3) shall have its principal offices in or near the
        District of Columbia; and
            (4) shall at all times maintain a designated agent
        authorized to accept service of process for the Foundation.
The serving of notice to, or service of process upon, the agent
required under paragraph (4), or mailed to the business address of such
agent, shall be deemed as service upon or notice to the Foundation.
    (b) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
    (c) Powers.--To carry out its purposes under section 2, and subject
to the specific provisions thereof, the Foundation shall have the usual
powers of a corporation acting as a trustee in the District of
Columbia, including the power--
            (1) except as otherwise provided herein, to accept,
        receive, solicit, hold, administer and use any gift, devise, or
        bequest, either absolutely or in trust, of real or personal
        property or any income therefrom or other interest therein;
            (2) to acquire by purchase or exchange any real or personal
        property or interest therein;
            (3) unless otherwise required by the instrument of
        transfer, to sell, donate, lease, invest, reinvest, retain or
        otherwise dispose of any property or income therefrom;
            (4) to sue and be sued, and complain and defend itself in
        any court of competent jurisdiction, except for gross
        negligence;
            (5) to enter into contracts or other arrangements with
        public agencies and private organizations and persons and to
        make such payments as may be necessary to carry out its
        functions; and
            (6) to do any and all acts necessary and proper to carry
        out the purposes of the Foundation.
For purposes of this Act, an interest in real property shall be treated
as including easements or other rights for preservation, conservation,
protection, or enhancement by and for the public of natural, scenic,
historic, scientific, educational inspirational or recreational
resources. A gift, devise, or bequest may be accepted by the Foundation
even though it is encumbered, restricted, or subject to beneficial
interests of private persons if any current or future interest therein
is for the benefit of the Foundation.

SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES.

    (a) Protection.--Without the consent of the Foundation in
conjunction with the President's Council on Physical Fitness and
Sports, any person who uses for the purpose of trade, uses to induce
the sale of any goods or services, or uses to promote any theatrical
exhibition, athletic performance or competition--
            (1) the official seal of the President's Council on
        Physical Fitness and Sports consisting of the eagle holding an
        olive branch and arrows with shield breast encircled by name
        ``President's Council on Physical Fitness and Sports'' and
        consisting, depending upon placement, of diagonal stripes;
            (2) the official seal of the Foundation; or
            (3) any trademark, trade name, sign, symbol, or insignia
        falsely representing association with or authorization by the
        President's Council on Physical Fitness and Sports or the
        Foundation;
shall be subject in a civil action by the Foundation for the remedies
provided in the Act of July 9, 1946 (60 Stat. 427; popularly known as
the Trademark Act of 1946).
    (b) Uses.--The Foundation, in conjunction with the President's
Council on Physical Fitness and Sports, may authorize contributors and
suppliers of goods or services to use the trade name or the President's
Council on Physical Fitness and Sports and the Foundation as well as
any trademark, seal, symbol, insignia, or emblem of the President's
Council on Physical Fitness and Sports or the Foundation in advertising
that the contributors, goods, or services when donated, supplied, or
furnished to or for the use of, or approved, selected, or used by the
President's Council on Physical Fitness and Sports or the Foundation.

SEC. 6. VOLUNTEER STATUS.

    The Foundation may accept, without regard to the civil service
classification laws, rules, or regulations, the services of volunteers
in the performance of the functions authorized herein, in the manner
provided for under section 7(c) of the Fish and Wildlife Act of 1956
(16 U.S.C. 742f(c)).

SEC. 7. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL
              FOR EQUITABLE RELIEF.

    (a) Audits.--For purposes of the Act entitled ``An Act for audit of
accounts of private corporations established under Federal law'',
approved August 30, 1964 (Public Law 88-504, 36 U.S.C. 1101-1103) the
Foundation shall be treated as a private corporation under Federal law.
The Inspector General of the Department of Health and Human Services
and the Comptroller General of the United States shall have access to
the financial and other records of the Foundation, upon reasonable
notice.
    (b) Report.--The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to the Secretary of Health and Human
Services and to Congress a report of its proceedings and activities
during such year, including a full and complete statement of its
receipts, expenditures, and investments.
    (c) Relief With Respect to Certain Foundation Acts or Failure To
Act.--If the Foundation--
            (1) engages in, or threatens to engage in, any act,
        practice or policy that is inconsistent with its purposes set
        forth in section 2(b); or
            (2) refuses, fails, or neglects to discharge its
        obligations under this Act, or threaten to do so;
the Attorney General of the United States may petition in the United
States District Court for the District of Columbia for such equitable
relief as may be necessary or appropriate.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    For fiscal year 2011, there are authorized to be appropriated such
sums as may be necessary, to be made available to the Foundation for
organizational costs.

Summary: National Foundation on Physical Fitness and Sports Establishment Act - Establishes the National Foundation on Physical Fitness and Sports as a charitable, nonprofit corporation to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports. Subjects any person who uses the Council's or Foundation's official seal or any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the Council or Foundation for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition without the Foundation's consent to a civil action for remedies provided in the Trademark Act of 1946. Allows the Foundation, in conjunction with the Council, to authorize contributors and suppliers of goods or services to use such trade name, trademark, seal, symbol, insignia, or emblem in advertising under specified conditions.

To establish a National Foundation on Physical Fitness and Sports to carry out activities to support and supplement the mission of the President's Council on Physical Fitness and Sports.