SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Health Center Volunteer
Provider Protection Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) As there are over 45,000,000 individuals lacking health
        insurance or who have inadequate health care coverage in the
        United States, health centers under section 330 of the Public
        Health Service Act (42 U.S.C. 254b), including community health
        centers, are increasingly called upon to provide care to the
        uninsured and underinsured.
            (2) These health centers are being challenged by increasing
        financial pressures that jeopardize their ability to provide
        access to health services for a number of large medically
        underserved populations, including the elderly, the uninsured,
        and lower-income individuals.
            (3) Granting volunteer physician liability coverage through
        the program under section 224(g) of the Public Health Service
        Act (relating to the provisions of title 28, United States
        Code, that are commonly referred to as the Federal Tort Claims
        Act) (42 U.S.C. 233(g)) would significantly increase the number
        of physicians available onsite at such health centers. Federal
        studies have concluded that by offering liability coverage,
        such centers are able to redirect funds to recruit full-time
        physicians and provide needed health care services to their
        communities.
            (4) In addition, an increase in volunteer physicians at the
        health centers will result in a direct improvement in the
        ability of the centers to offer quality health care services
        where the services are needed most.

SEC. 3. HEALTH CENTERS UNDER PUBLIC HEALTH SERVICE ACT; LIABILITY
              PROTECTIONS FOR VOLUNTEER PRACTITIONERS.

    (a) In General.--Section 224 of the Public Health Service Act (42
U.S.C. 233) is amended--
            (1) in subsection (g)(1)(A)--
                    (A) in the first sentence, by striking ``or
                employee'' and inserting ``employee, or (subject to
                subsection (k)(4)) volunteer practitioner''; and
                    (B) in the second sentence, by inserting ``and
                subsection (k)(4)'' after ``subject to paragraph (5)'';
                and
            (2) in each of subsections (g), (i), (j), (k), (l), and
        (m), by striking ``employee, or contractor'' each place such
        term appears and inserting ``employee, volunteer practitioner,
        or contractor''.
    (b) Applicability; Definition.--Section 224(k) of the Public Health
Service Act (42 U.S.C. 233(k)) is amended by adding at the end the
following paragraph:
    ``(4)(A) Subsections (g) through (m) apply with respect to
volunteer practitioners beginning with the first fiscal year for which
an appropriations Act provides that amounts in the fund under paragraph
(2) are available with respect to such practitioners.
    ``(B) For purposes of subsections (g) through (m), the term
`volunteer practitioner' means a practitioner who, with respect to an
entity described in subsection (g)(4), meets the following conditions:
            ``(i) The practitioner is a licensed physician or a
        licensed clinical psychologist.
            ``(ii) At the request of such entity, the practitioner
        provides services to patients of the entity, at a site at which
        the entity operates or at a site designated by the entity. The
        weekly number of hours of services provided to the patients by
        the practitioner is not a factor with respect to meeting
        conditions under this subparagraph.
            ``(iii) The practitioner does not for the provision of such
        services receive any compensation from such patients, from the
        entity, or from third-party payors (including reimbursement
        under any insurance policy or health plan, or under any Federal
        or State health benefits program).''.

SEC. 4. STUDY ON ADEQUACY OF FUNDING FOR COVERAGE.

    (a) Study.--The Comptroller General of the United States shall
conduct a study concerning the adequacy of funding for liability
coverage through the program under section 224(g) of the Public Health
Service Act (relating to the provisions of title 28, United States
Code, that are commonly referred to as the Federal Tort Claims Act) (42
U.S.C. 233(g)) for--
            (1) public or nonprofit private entities receiving Federal
        funds for health centers under section 330 of such Act (42
        U.S.C. 254b); and
            (2) volunteer practitioners serving such health centers.
    (b) Report.--Not later than 6 months after the date of enactment of
this Act, the Comptroller General of the United States shall prepare
and submit to the appropriate committees of Congress a report
containing findings and recommendations from the study conducted under
subsection (a), including recommendations concerning the adequacy of
the funding described in subsection (a).

Summary: Community Health Center Volunteer Provider Protection Act of 2005 - Amends the Public Health Service Act to deem volunteer practitioners at health centers as employees of the Public Health Service for purposes of any civil action that may arise due to providing services to patients at such health centers. Defines volunteer practitioner as a licensed physician who: (1) at the request of the entity, provides services to patients of a public or nonprofit entity receiving Federal funds for serving medically underserved areas. (2) provides such service at a site at which the entity operates or at a site designated by the entity. And (3) does not receive any compensation for the provision of services. Requires the Comptroller General to study the adequacy of funding for liability coverage for: (1) public or nonprofit private entities receiving federal funds for health centers, and (2) volunteer practitioners serving such centers.

A bill to amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act.


SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Worker Adjustment
and Retraining Notification Amendments Act''.
    (b) Reference.--Except as specifically provided otherwise, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).

SEC. 2. DEFINITIONS.

    (a) Employer, Plant Closing, and Mass Layoff.--Paragraphs (1)
through (3) of section 2(a) (29 U.S.C. 2101(a)(1)-(3)) are amended to
read as follows:
            ``(1) the term `employer' means any business enterprise
        that employs 50 or more employees;
            ``(2) the term `plant closing' means--
                    ``(A) the permanent or temporary shutdown of a
                single site of employment, or of one or more facilities
                or operating units within a single site of employment,
                which results in an employment loss at such site,
                during any 30-day period, for 25 or more employees; or
                    ``(B) the permanent or temporary shutdown of one or
                more sites of employment, or of one or more facilities
                or operating units within such sites, which results in
                an employment loss, during any 30-day period, for 100
                or more employees.
            ``(3) the term `mass layoff' means--
                    ``(A) a reduction in force at a single site of
                employment which results in an employment loss at such
                site, during any 30-day period, for 25 or more
                employees; or
                    ``(B) a reduction in force which results in an
                employment loss, during any 30-day period, for 100 or
                more employees.''.
    (b) Conforming Amendments.--
            (1) Notice.--Section 3(d) (29 U.S.C. 2102(d)) is amended by
        striking out ``, each of which is less than the minimum number
        of employees specified in section 2(a) (2) or (3) but which in
        the aggregate exceed that minimum number,'' and inserting in
        lieu thereof ``which in the aggregate exceed the minimum number
        of employees specified in section 2(a) (2) or (3)''.
            (2) Definitions.--Section 2(b)(1) (29 U.S.C. 2101(b)(1)) is
        amended by striking ``(other than a part-time employee)''.
    (c) Secretary of Labor.--
            (1) Definition.--Paragraph (8) of section 2(a) (29 U.S.C.
        2101(a)(8)) is amended to read as follows:
            ``(8) the term `Secretary' means the Secretary of Labor or
        a representative of the Secretary of Labor.''.
            (2) Regulations.--Section 8(a) (29 U.S.C. 2107(a)) is
        amended by striking ``of Labor''.

SEC. 3. NOTICE.

    (a) Period.--Section 3 (29 U.S.C. 2102) is amended--
            (1) in subsection (a), by striking ``a 60-day period
        after'' and inserting ``the applicable notice period required
        after'';
            (2) in subsection (b), by striking ``60-day period'' each
        place such term appears and inserting ``notice period'';
            (3) by redesignating subsections (b) through (d) as
        subsections (c) through (e), respectively; and
            (4) by inserting after subsection (a), the following new
        subsection:
    ``(b) Notice Period.--As used in this section, the term `notice
period' means--
            ``(1) in the case of a plant closing or mass layoff which
        results in an employment loss for at least 25 but not more than
        49 employees, 30 days;
            ``(2) in the case of a plant closing or mass layoff which
        results in an employment loss for at least 50 but not more than
        99 employees, 60 days; and
            ``(3) in the case of a plant closing or mass layoff which
        results in an employment loss for at least 100 employees, 90
        days.''.
    (b) Conforming Amendment.--Section 5(a)(1) (29 U.S.C. 2104(a)(1))
is amended in the matter following subparagraph (B), by striking ``60
days'' and inserting ``the applicable notice period''.
    (c) Recipient.--Section 3(a)(1) (29 U.S.C. 2102(a)(1)) is amended
by striking ``or, if there is no such representative at that time, to
each affected employee'' and inserting ``and to each affected
employee''.

SEC. 4. ENFORCEMENT.

    (a) Amount.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) is amended--
            (1) in subparagraph (A)(ii), by striking ``and'' at the end
        thereof;
            (2) by redesignating subparagraph (B) as subparagraph (D);
        and
            (3) by inserting after subparagraph (A) the following new
        subparagraphs:
            ``(B) interest on the amount described in subparagraph (A)
        calculated at the prevailing rate;
            ``(C) an additional amount as liquidated damages equal to
        the sum of the amount described in subparagraph (A) and the
        interest described in subparagraph (B); and''.
    (b) Exemption.--Section 5(a)(4) (29 U.S.C. 2104(a)(4)) is amended
by striking ``reduce the amount of the liability or penalty provided
for in this section'' and inserting ``reduce the amount of the
liability under subparagraph (C) of paragraph (1) and reduce the amount
of the penalty provided for in paragraph (3)''.
    (c) Administrative Complaint.--Section 5(a)(5) (29 U.S.C.
2104(a)(5)) is amended--
            (1) by striking ``may sue,'' and inserting ``may,'';
            (2) by inserting after ``both,'' the following: ``(A) file
        a complaint with the Secretary alleging a violation of section
        3, or (B) bring suit''; and
            (3) by adding at the end thereof the following new
        sentence: ``A person seeking to enforce such liability may use
        one or both of the enforcement mechanisms described in
        subparagraphs (A) and (B).''.
    (d) Action by the Secretary.--Section 5 (29 U.S.C. 2104) is
amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by inserting after subsection (a) the following new
        subsections:
    ``(b) Action by the Secretary.--
            ``(1) Administrative action.--The Secretary shall receive,
        investigate, and attempt to resolve complaints of violations of
        section 3 by an employer in the same manner that the Secretary
        receives, investigates, and attempts to resolve complaints of
        violations of sections 6 and 7 of the Fair Labor Standards Act
        of 1938 (29 U.S.C. 206 and 207).
            ``(2) Subpoena powers.--For the purposes of any
        investigation provided for in this section, the Secretary shall
        have the subpoena authority provided for under section 9 of the
        Fair Labor Standards Act of 1938 (29 U.S.C. 209).
            ``(3) Civil action.--The Secretary may bring an action in
        any court of competent jurisdiction to recover on behalf of an
        employee the back pay, interest, benefits, and liquidated
        damages described in subsection (a)(1).
            ``(4) Sums recovered.--Any sums recovered by the Secretary
        on behalf of an employee under subparagraphs (A), (B), and (D)
        of section 5(a)(1) shall be held in a special deposit account
        and shall be paid, on order of the Secretary, directly to each
        employee affected. Any such sums not paid to an employee
        because of inability to do so within a period of 3 years, and
        any sums recovered by the Secretary under subparagraph (C) of
        section 5(a)(1), shall be credited as an offsetting collection
        to the appropriations account of the Secretary of Labor for
        expenses for the administration of this Act and shall remain
        available to the Secretary until expended.
            ``(5) Action to compel relief by secretary.--The district
        courts of the United States shall have jurisdiction, for cause
        shown, over an action brought by the Secretary to restrain the
        withholding of payment of back pay, interest, benefits, or
        other compensation, plus interest, found by the court to be due
        to employees under this Act.
    ``(c) Limitations Period.--
            ``(1) In general.--An action may be brought under this
        section not later than 2 years after the date of the last event
        constituting the alleged violation for which the action is
        brought.
            ``(2) Commencement.--In determining when an action is
        commenced under this section for the purposes of paragraph (1),
        it shall be considered to be commenced on the date on which the
        complaint is filed.''.

SEC. 5. POSTING OF NOTICES; PENALTIES.

    The Act (29 U.S.C. 2101 et seq.) is amended by adding at the end
thereof the following new section:

``SEC. 11. POSTING OF NOTICES; PENALTIES.

    ``(a) Posting of Notices.--Each employer shall post and keep posted
in conspicuous places upon its premises where notices to employees are
customarily posted a notice to be prepared or approved by the Secretary
of Labor setting forth excerpts from, or summaries of, the pertinent
provisions of this chapter and information pertinent to the filing of a
complaint.
    ``(b) Penalties.--A willful violation of this section shall be
punishable by a fine of not more than $100 for each separate
offense.''.

SEC. 6. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on
the date of the enactment of this Act.

Summary: Worker Adjustment and Retraining Notification Amendments Act - Amends the Worker Adjustment and Retraining Act to cover employers of 50 or more employees . Covers single-site plant closings or mass layoffs affecting 25 or more employees . Eliminates the single-site requirement for plant closings or mass layoffs affecting 100 or more employees, thus covering such closings or layoffs by one employer regardless of the number of sites involved. Specifies that the 90-day aggregate rule covers all related layoffs within that period, whether or not they are each above or below the threshold levels. Extends coverage to part-time employees. Revises the notice period based on the number of employees affected: (1) 25-49, 30 days, (2) 50-99, 60 days. And (3) 100 or more, 90 days. Requires employer notice to each affected employee . Revises and adds enforcement requirements. Adds to employer liability for violations: (1) interest on back pay owed. And (2) an additional amount as liquidated damages equal to the back pay and interest. Limits a good faith exemption to reduction of liability for interest and for a civil penalty. Allows aggrieved employees to enforce employer liability by bringing suit andor filing a complaint with the Secretary of Labor. Directs the Secretary to investigate and resolve such complaints. Authorizes the Secretary to bring civil actions on behalf of the employee for back pay, interest, benefits, and liquidated damages. Establishes a two-year statute of limitations. Requires employers to post notices to employees of pertinent provisions of the Act and information on filing complaints. Establishes fines for willful violations of such posting requirement.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native Language Immersion Student
Achievement Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Congress established the unique status of Native
        American languages and distinctive policies supporting their
        use as a medium of education in the Native American Languages
        Act (Public Law 101-477).
            (2) Reports from the Bureau of Indian Affairs and tribal,
        public, charter, and private schools and colleges that use
        primarily Native American languages to deliver education, have
        indicated that students from these schools have generally had
        high school graduation and college attendance rates above the
        norm for their peers.
            (3) The Elementary and Secondary Education Act of 1965 (20
        U.S.C. 6301 et seq.) includes policy barriers to schools taught
        through Native American languages and a lack of adequate
        funding to support such opportunities.
            (4) There is a critical need that requires immediate action
        to support education through Native American languages to
        preserve these languages.

SEC. 3. NATIVE AMERICAN LANGUAGE SCHOOLS.

    Title VII of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7401 et seq.) is amended by adding at the end the following:

               ``PART D--NATIVE AMERICAN LANGUAGE SCHOOLS

``SEC. 7401. NATIVE AMERICAN LANGUAGE SCHOOLS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to establish a grant program to support schools using
        Native American languages as the primary language of
        instruction of all curriculum taught at the school that will
        improve high school graduation rates, college attainment, and
        career readiness; and
            ``(2) to further integrate into this Act, Federal policy
        for such schools, as established in the Native American
        Languages Act (Public Law 101-477).
    ``(b) Program Authorized.--
            ``(1) In general.--From the amounts made available to carry
        out this section, the Secretary may award grants to eligible
        entities to develop and maintain, or to improve and expand,
        programs that support schools, including prekindergarten
        through postsecondary education, using Native American
        languages as the primary language of instruction of all
        curriculum taught at the schools.
            ``(2) Eligible entities.--In this section, the term
        `eligible entity' means a school or a private or tribal,
        nonprofit organization that has a plan to develop and maintain,
        or to improve and expand, programs that support schools using
        Native American languages as the primary language of
        instruction of all curriculum taught at the schools.
    ``(c) Application.--
            ``(1) In general.--An eligible entity that desires to
        receive a grant under this section shall submit an application
        to the Secretary at such time, in such manner, and containing
        such information as the Secretary may require, including the
        following:
                    ``(A) The name of the Native American language to
                be used for instruction at the school supported by the
                eligible entity.
                    ``(B) The number of students attending such school.
                    ``(C) The number of present hours of Native
                American language instruction being provided to
                students at such school, if any.
                    ``(D) The status of such school with regard to any
                applicable tribal education department or agency,
                public education system, indigenous language schooling
                research and cooperative, or accrediting body.
                    ``(E) A statement that such school--
                            ``(i) is engaged in meeting targeted
                        proficiency levels for students, as may be
                        required by applicable Federal, State, or
                        tribal law; and
                            ``(ii) provides assessments of student
                        using the Native American language of
                        instruction, where appropriate.
                    ``(F) A list of the instructors, staff,
                administrators, contractors, or subcontractors at such
                school and their qualifications to deliver high quality
                education through the Native American language of the
                school.
            ``(2) Additional application materials.--In addition to the
        application described in paragraph (1), an eligible entity that
        desires to receive a grant under this section shall submit to
        the Secretary the following:
                    ``(A) A certification from a Federally recognized
                Indian tribe, or a letter from any Native American
                entity, on whose land the school supported by the
                eligible entity is located, or which is served by such
                school, indicating that the school has the capacity to
                provide education primarily through a Native American
                language and that there are sufficient speakers of such
                Native American language at the school or available to
                be hired by the school.
                    ``(B) A statement that such school will participate
                in data collection conducted by the Secretary that will
                determine best practices and further academic
                evaluation of the school.
                    ``(C) A demonstration of the capacity to have
                speakers of its Native American language provide the
                basic education offered by such school on a full-time
                basis.
    ``(d) Awarding of Grants.--In awarding grants under this section,
the Secretary shall--
            ``(1) determine the amount and length of each grant;
            ``(2) ensure, to the maximum extent feasible, that
        diversity in languages is represented; and
            ``(3) require the eligible entities to present a Native
        language education plan to improve high school graduation
        rates, college attainment, and career readiness.
    ``(e) Activities Authorized.--An eligible entity that receives a
grant under this section shall carry out the following activities:
            ``(1) Support Native American language education and
        development.
            ``(2) Develop or refine instructional curriculum for the
        school supported by the eligible entity, including distinctive
        teaching materials and activities, as appropriate.
            ``(3) Fund training opportunities for teachers and, as
        appropriate, staff and administrators, that would strengthen
        the overall language and academic goals of such school.
            ``(4) Other activities that promote Native American
        language education and development, as appropriate.
    ``(f) Report to Secretary.--Each eligible entity that receives a
grant under this section shall provide an annual report to the
Secretary in such form and manner as the Secretary may require.
    ``(g) Authorization of Appropriation.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2015,
and such sums as may be necessary for each of the 4 succeeding fiscal
years.''.

Summary: Native Language Immersion Student Achievement Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to schools and private or tribal nonprofit organizations to develop and maintain, or improve and expand, programs that support the use by schools, from the prekindergarten through postsecondary level, of Native American languages as their primary language of instruction. Requires grant applicants to present the Secretary with specified assurances and demonstrations that the schools they will support have the capacity to provide education primarily through a Native American language. Requires grantees to: support Native American language education and development. Develop or refine instructional curricula for the schools they support, including distinctive teaching materials and activities. Fund training opportunities for school staff that strengthen the overall language and academic goals of their schools. And engage in other activities that promote Native American language education and development.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rape Survivor Child Custody Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Men who father children through rape should be
        prohibited from visiting or having custody of those children.
            (2) According to several studies, it is estimated that
        there are between 25,000 and 32,000 rape-related pregnancies
        annually in the United States.
            (3) A substantial number of women choose to raise their
        child conceived through rape and, as a result, may face custody
        battles with their rapists.
            (4) According to one study, 32.3 percent of women who were
        raped and became pregnant as a result of the rape kept their
        child.
            (5) Another study found that, of the 73 percent of women
        who became pregnant as a result of a rape and carried their
        pregnancies to term, 64 percent raised their children.
            (6) Rape is one of the most under-prosecuted serious
        crimes, with estimates of criminal conviction occurring in less
        than 5 percent of rapes.
            (7) The clear and convincing evidence standard is the most
        common standard for termination of parental rights among the 50
        States, territories, and the District of Columbia.
            (8) The Supreme Court established that the clear and
        convincing evidence standard satisfies due process for
        allegations to terminate or restrict parental rights in
        Santosky v. Kramer (455 U.S. 745 (1982)).
            (9) Currently only 6 States have statutes allowing rape
        survivors to petition for the termination of parental rights of
        the rapist based on clear and convincing evidence that the
        child was conceived through rape.
            (10) A rapist pursuing parental or custody rights forces
        the survivor to have continued interaction with the rapist,
        which can have traumatic psychological effects on the survivor,
        making it more difficult for her to recover.
            (11) These traumatic effects on the mother can severely
        negatively impact her ability to raise a healthy child.
            (12) Rapists may use the threat of pursuing custody or
        parental rights to coerce survivors into not prosecuting rape,
        or otherwise harass, intimidate, or manipulate them.

SEC. 3. GRANTS AUTHORIZED.

    The Attorney General shall make grants to States that have in place
a law that allows the mother of any child that was conceived through
rape to seek court-ordered termination of the parental rights of her
rapist with regard to that child, which the court shall grant upon
clear and convincing evidence of rape.

SEC. 4. APPLICATION.

    A State seeking a grant under this Act shall submit an application
to the Attorney General at such time, in such manner, and containing
such information as the Attorney General may reasonably require,
including information about the law described in section 3.

SEC. 5. GRANT AMOUNT.

    The amount of a grant to a State under this Act shall be in an
amount that is not greater than 10 percent of the average of the total
amount of funding of the 3 most recent awards that the State received
under the following grant programs:
            (1) Part T of title I of the Omnibus Crime Control and Safe
        Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly
        referred to as the ``STOP Violence Against Women Formula Grant
        Program'').
            (2) Section 41601 of the Violence Against Women Act of 1994
        (42 U.S.C. 14043g) (commonly referred to as the ``Sexual
        Assault Services Program'').

SEC. 6. GRANT TERM.

    (a) In General.--The term of a grant under this Act shall be for
one year.
    (b) Renewal.--A State that receives a grant under this Act may
submit an application for a renewal of such grant at such time, in such
manner, and containing such information as the Attorney General may
reasonably require.
    (c) Limit.--A State may not receive a grant under this Act for more
than 4 years.

SEC. 7. USES OF FUNDS.

    A State that receives a grant under this section shall use--
            (1) 25 percent of such funds for any of the permissible
        uses of funds under the grant program described in paragraph
        (1) of section 5; and
            (2) 75 percent of such funds for any of the permissible
        uses of funds under the grant program described in paragraph
        (2) of section 5.

SEC. 8. TERMINATION DEFINED.

    (a) In General.--In this Act, the term ``termination'' means, when
used with respect to parental rights, a complete and final termination
of the parent's right to custody of, guardianship of, visitation with,
access to, and inheritance from a child.
    (b) Rule of Construction.--Nothing in this section shall be
construed to require a State, in order to receive a grant under this
Act, to have in place a law that terminates any obligation of a person
who fathered a child through rape to support the child.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $5,000,000 for each of
fiscal years 2014 through 2018.

Summary: Rape Survivor Child Custody Act - Directs the Attorney General to make grants to states that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court shall grant upon clear and convincing evidence of rape. Limits such a grant to: (1) an amount that is not greater than 10 of the average of the total funding of the 3 most recent awards a state received under the STOP Violence Against Women Formula Grant Program and the Sexual Assault Services Program. And (2) a 1-year term, subject to renewal for not more than 3 additional years. Requires a state that receives such a grant to use: (1) 25 of grant funds for permissible uses under the STOP Violence Against Women Formula Grant Program, and (2) 75 of funds for permissible uses under the Sexual Assault Services Program.

Rape Survivor Child Custody Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Patient Health and Real Medication
Access Cost Savings Act of 2009'' or the ``PHARMACY Bill''.

SEC. 2. PATIENT CHOICE.

    A consumer shall have the right to choose to purchase prescription
drugs from any domestic pharmacy that meets all applicable Federal and
State licence and permit requirements.

SEC. 3. REGULATION OF PHARMACY BENEFIT MANAGERS.

    Not later than January 1, 2011, the Secretary of Health and Human
Services shall issue regulations to ensure the following:
            (1) Access to and choice of pharmacy.--
                    (A) Incentives.--A pharmacy benefit manager
                (referred to in this section as a ``PBM'') may not
                provide incentives (including variations in premiums,
                deductibles, co-payments, or co-insurance rates) to
                enrollees of pharmacy benefit plans administered by
                such PBM for the purpose of encouraging such enrollees
                to use certain pharmacies (including mail order
                pharmacies, speciality drug pharmacies, or other
                entities) unless the PBM offers the same incentives for
                all pharmacies in the network for such plan.
                    (B) Mandates.--A PBM may not refer, coerce, or
                mandate that an enrollee of a pharmacy benefit plan
                administered by such PBM use a specific mail order
                pharmacy, specialty drug pharmacy, or other entity--
                            (i) if the PBM has an ownership interest in
                        a such pharmacy or entity; or
                            (ii) if the pharmacy or entity has an
                        ownership interest in such PBM.
                    (C) Pharmacy networks.--A PBM or pharmacy benefit
                plan sponsor may not exclude a pharmacy from a pharmacy
                network if--
                            (i) the pharmacy agrees to the terms of the
                        network contract;
                            (ii) the pharmacy meets all applicable
                        Federal and State licence and permit
                        requirements; and
                            (iii) the owners of the pharmacy have not
                        been convicted of a Federal crime related to
                        owning or managing a pharmacy.
            (2) Encourage generic drugs.--
                    (A) Cost to consumers.--
                            (i) In general.--Subject to clause (iii), a
                        PBM shall ensure that enrollees of pharmacy
                        benefit plans administered by such a PBM pay a
                        copayment of 20 percent for brand name drugs,
                        not to exceed a maximum amount of $150 per
                        prescription.
                            (ii) Annual updates to amount.--The maximum
                        amount under clause (i) shall be updated
                        annually for inflation based on the consumer
                        price index.
                            (iii) Exception for state medicaid
                        programs.--Clause (i) shall not apply to a PBM
                        with respect to enrollees of a State Medicaid
                        program that limits or prohibits copayments for
                        prescription drugs.
                    (B) Payments to pharmacies.--
                            (i) In general.--With respect to a pharmacy
                        benefit plan that is at least partially funded
                        with Federal funds, the PBM administering such
                        plan shall reimburse a pharmacy that is in the
                        network for such a plan at least--
                                    (I) 107 percent of the Wholesale
                                Acquisition Cost plus a minimum
                                professional dispensing fee of $4.25
                                for a prescription for a brand-name
                                drug;
                                    (II) 190 percent of the Federal
                                Upper Limit plus a minimum professional
                                dispensing fee of $8.50 for a
                                prescription for a generic drug; and
                                    (III) a professional service fee
                                for any additional pharmacy services
                                provided by the pharmacy, in an amount
                                set by the Secretary of Health and
                                Human Services.
                            (ii) Adjustment for inflation.--The
                        professional dispensing fees under clause (i)
                        shall be adjusted annually for inflation, based
                        on the consumer price index.
            (3) Payments and charges between pbms and pharmacy benefit
        plan sponsors.--
                    (A) Payments.--A PBM shall be reimbursed by a
                pharmacy benefit plan sponsor for adjudicating and
                processing claims in behalf of such sponsor at a rate
                that is determined by such sponsor.
                    (B) Charges to pharmacy benefit plan sponsors for
                drugs dispensed to plan enrollees.--The amount that a
                PBM charges a pharmacy benefit plan sponsor for a drug
                that is dispensed to enrollee of a pharmacy benefit
                plan administered by such PBM may not be greater than
                the amount that the PBM paid the pharmacy for such drug
                (including any associated professional dispensing fee).
            (4) Treatment of drug manufacturer rebates.--
                    (A) No rebates to pbms.--A manufacturer of
                prescription drugs--
                            (i) shall pay all rebates, as defined in
                        section 5(6), directly to the pharmacy benefit
                        plan sponsor; and
                            (ii) shall not pay such rebates to a PBM.
                    (B) Negotiation allowed.--A PBM may negotiate
                rebate amounts with a manufacturer of prescription
                drugs on behalf of a pharmacy benefit plan sponsor.
            (5) Provision of cost information to physicians.--In the
        case that the premium, deductible, co-payments, co-insurance,
        or other insurance-related charge under a pharmacy benefit plan
        is underwritten, in whole or in part, by a Federal, State, or
        local government, the pharmacy benefit plan sponsor shall
        provide a list of the wholesale acquisition costs of the top
        500 most frequently prescribed drugs to physicians who are
        licenced to prescribe drugs and who provide treatment to
        enrollees in such a plan.
            (6) Treatment of pharmacists as professional health care
        providers.--Section 1861(s)(2) of the Social Security Act (42
        U.S.C. 1395x(s)(2)) is amended--
                    (A) by striking ``and'' at the end of subparagraph
                (DD);
                    (B) by adding ``and'' at the end of subparagraph
                (EE); and
                    (C) by inserting after subparagraph (EE), the
                following new subparagraph:
                    ``(FF) pharmacist services;''.

SEC. 4. PHARMACEUTICAL ACCESS PROGRAM.

    (a) Establishment.--Not later than January 1, 2011, the Secretary
of Health and Human Services shall establish a pharmaceutical access
program to provide affordable access to prescription drugs to
individuals who receive drug benefits under Federal programs (except
for the Medicaid program under title XIX of the Social Security Act).
    (b) Eligibility.--Any individual in a State shall be eligible to
enroll in the program under subsection (a).
    (c) Fees.--
            (1) In general.--A pharmacy that dispenses prescription
        drugs in the United States shall remit to the Secretary of
        Health and Human Services--
                    (A) $0.50 for each prescription dispensed by such
                pharmacy for a brand name drug; and
                    (B) $1.00 for each prescription dispensed by such
                pharmacy for a generic drug.
            (2) Treatment for inflation.--The fees under paragraph (1)
        shall be adjusted annually for inflation, based on the consumer
        price index.
            (3) Treatment of medicaid programs.--The rule under
        paragraph (1) shall not apply to drugs dispensed under a State
        Medicaid program under title XIX of the Social Security Act.
            (4) Increase in professional dispensing fee for private
        plans.--The professional dispensing fee paid to pharmacies by a
        pharmacy benefit plan that is not funded by any Federal funds
        shall be increased by such plan sponsor--
                    (A) by $0.50 for each brand name prescription; and
                    (B) by $1.00 for each generic prescription.
    (d) Use of Funds.--Funds generated under subsection (c) shall be
used solely to provide affordable access to prescription drugs to low-
income individuals who have enrolled in the program under subsection
(a).

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Brand name drugs.--The term ``brand name drug'' means a
        prescription drug that is under patent by the drug's original
        manufacturer and is protected from competition by other
        manufacturers of prescription drugs.
            (2) Generic drug.--The term ``generic drug'' means a
        prescription drug that has lost patient protection provided to
        a single manufacturer or multiple manufacturers and is widely
        available from multiple manufacturers.
            (3) Pharmacy benefit plan.--The term ``pharmacy benefit
        plan'' means an insurance plan or insurance coverage that
        provides benefits for prescription drugs, including a group
        health plan (as such term is defined in section 733(a) of the
        Patient Health and Real Medication Access Cost Savings Act of
        2009 (29 U.S.C. 1191b(a))) that provides prescription drug
        benefits.
            (4) Professional dispensing fee.--The term ``professional
        dispensing fee'' means the fee paid for the dispensing of a
        drug by the pharmacist and excludes any reimbursement for the
        cost of the drug.
            (5) Professional service fee.--The term ``professional
        service fee'' means a fee paid to a pharmacy for professional
        services preformed by a pharmacist, excluding dispensing drugs
        and any reimbursement for the cost of the drug. Such term may
        include medication reviews, injections, and cholesterol checks.
            (6) Rebate.--The term ``rebate'' means any item of value,
        including monetary value, that is distributed by the
        manufacturer conditional upon the receipt of a payment for
        drugs produced by such manufacturer.

Summary: Patient Health and Real Medication Access Cost Savings Act of 2009 or the PHARMACY Bill - Declares that a consumer shall have the right to choose to purchase prescription drugs from any domestic pharmacy that meets all applicable federal and state license and permit requirements. Directs the Secretary of Health and Human Services (HHS) to issue regulations that: (1) prohibit a pharmacy benefit manager (PBM) from providing incentives to, encouraging, or requiring pharmacy benefit plan enrollees to use certain pharmacies or from excluding an eligible pharmacy from a plan's pharmacy network. (2) require a PBM to ensure that pharmacy benefit plan enrollees pay a specified copayment for brand name drugs. (3) require a PBM to reimburse a pharmacy in the network of a pharmacy benefit plan that is federally funded, at specified rates, for brand-name drugs, generic drugs, and additional professional services. (4) require a PBM to be reimbursed by a pharmacy benefit plan sponsor for adjudicating and processing claims. (5) limit the amount that a PBM charges a pharmacy benefit plan sponsor for a drug that is dispensed to enrollees to the amount the PBM paid the pharmacy for such drug. (6) require a manufacturer of prescription drugs to pay all rebates directly to the pharmacy benefit plan sponsor and not to a PBM. And (7) require a pharmacy benefit plan sponsor to provide a list of the wholesale acquisition costs of the top 500 most frequently prescribed drugs to physicians in a plan any insurance-related charge of which is underwritten by a federal, state, or local government. Amends title XVIII (Medicare) of the Social Security Act to include pharmacist services as medical and other health services under Medicare. Directs the Secretary, by January 1, 2011, to establish a pharmaceutical access program to provide affordable prescription drugs to individuals who receive drug benefits under federal programs . Requires: (1) a pharmacy that dispenses prescription drugs in the United States to remit to the Secretary 50 cents for each brand name prescription and $1.00 for generic drug prescription dispensed. And (2) the sponsor of a pharmacy benefit plan that is not federally funded to increase the professional dispensing fee paid to pharmacies by the same amounts. Requires the use of funds generated from such fees to provide affordable access to prescription drugs to low-income individuals who have enrolled in the program.

To ensure patient choice in pharmacies by regulating pharmacy benefit managers and to establish a program to improve access to prescription drugs for certain individuals.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mortgage Cancellation Relief Act of
2004''.

SEC. 2. EXCLUSION FROM GROSS INCOME FOR CERTAIN FORGIVEN MORTGAGE
              OBLIGATIONS.

    (a) In General.--Paragraph (1) of section 108(a) of the Internal
Revenue Code of 1986 (relating to exclusion from gross income) is
amended by striking ``or'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``, or'', and
by inserting after subparagraph (D) the following new subparagraph:
                    ``(E) in the case of an individual, the
                indebtedness discharged is qualified residential
                indebtedness.''.
    (b) Qualified Residential Indebtedness Shortfall.--Section 108 of
such Code (relating to discharge of indebtedness) is amended by adding
at the end the following new subsection:
    ``(h) Special Rules for Qualified Residential Indebtedness.--
            ``(1) Limitations.--
                    ``(A) In general.--The amount excluded under
                subparagraph (E) of subsection (a)(1) with respect to
                any qualified residential indebtedness shall not exceed
                the excess (if any) of--
                            ``(i) the outstanding principal amount of
                        such indebtedness (immediately before the
                        discharge), over
                            ``(ii) the sum of--
                                    ``(I) the amount realized from the
                                sale of the real property securing such
                                indebtedness reduced by the cost of
                                such sale, and
                                    ``(II) the outstanding principal
                                amount of any other indebtedness
                                secured by such property.
                    ``(B) Overall limitation.--The amount excluded
                under subparagraph (E) of subsection (a)(1) with
                respect to any qualified residential indebtedness shall
                not exceed $50,000.
            ``(2) Qualified residential indebtedness.--
                    ``(A) In general.--The term `qualified residential
                indebtedness' means indebtedness which--
                            ``(i) was incurred or assumed by the
                        taxpayer in connection with real property used
                        by the taxpayer as a principal residence
                        (within the meaning of section 121) and is
                        secured by such real property,
                            ``(ii) is incurred or assumed to acquire,
                        construct, reconstruct, or substantially
                        improve such real property, and
                            ``(iii) with respect to which such taxpayer
                        makes an election to have this paragraph apply.
                    ``(B) Refinanced indebtedness.--Such term shall
                include indebtedness resulting from the refinancing of
                indebtedness under subparagraph (A)(ii), but only to
                the extent the refinanced indebtedness does not exceed
                the amount of the indebtedness being refinanced.
                    ``(C) Exceptions.--Such term shall not include
                qualified farm indebtedness or qualified real property
                business indebtedness.
            ``(3) Regulations.--The Secretary may by regulation provide
        for the disallowance of an exclusion under this section by
        reason of subparagraph (E) of subsection (a)(1) in cases where
        the failure to repay the indebtedness is due to the bad faith
        of the taxpayer.''.
    (c) Conforming Amendments.--
            (1) Paragraph (2) of section 108(a) of such Code is
        amended--
                    (A) in subparagraph (A) by striking ``and (D)'' and
                inserting ``(D), and (E)'', and
                    (B) by amending subparagraph (B) to read as
                follows:
                    ``(B) Insolvency exclusion takes precedence over
                qualified farm exclusion, qualified real property
                business exclusion, and qualified residential shortfall
                exclusion.--Subparagraphs (C), (D), and (E) of
                paragraph (1) shall not apply to a discharge to the
                extent the taxpayer is insolvent.''.
            (2) Paragraph (1) of section 108(b) of such Code is amended
        by striking ``or (C)'' and inserting ``(C), or (E)''.
            (3) Subsection (b) of section 121 of such Code is amended
        by adding at the end the following new paragraph:
            ``(4) Special rule relating to discharge of indebtedness.--
        The amount of gain which (but for this paragraph) would be
        excluded from gross income under subsection (a) with respect to
        a principal residence shall be reduced by any amount excluded
        from the gross income of the taxpayer under section
        108(a)(1)(E) with respect to such residence.''.
    (d) Effective Date.--The amendments made by this section shall
apply to discharges after the date of the enactment of this Act.

Summary: Mortgage Cancellation Relief Act of 2004 - Amends the Internal Revenue Code to exclude from gross income amounts up to $50,000 attributable to the discharge of certain residential mortgage obligations.

A bill to amend the Internal Revenue Code of 1986 to exclude from gross income of individual taxpayers discharges of indebtedness attributable to certain forgiven residential mortgage obligations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of 2000''.

SEC. 2. DEFINITIONS.

    In this Act:
        (1) Commissioner.--The term ``Commissioner'' means the
    Commissioner of the Bureau of Reclamation.
        (2) Secretary.--The term ``Secretary'' means the Secretary of
    the Interior, acting through the Commissioner.
        (3) State.--The term ``State'' means the Texas Water
    Development Board and any other authorized entity of the State of
    Texas.
        (4) Program area.--The term ``program area'' means--
            (A) the counties in the State of Texas in the Rio Grande
        Regional Water Planning Area known as Region ``M'' as
        designated by the Texas Water Development Board; and
            (B) the counties of Hudspeth and El Paso, Texas.
SEC. 3. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT PROGRAM.
    (a) In General.--The Secretary, acting pursuant to the Reclamation
Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory
thereof and supplementary thereto, shall undertake a program in
cooperation with the State, water users in the program area, and other
non-Federal entities, to investigate and identify opportunities to
improve the supply of water for the program area as provided in this
Act. The program shall include the review of studies or planning
reports (or both) prepared by any competent engineering entity for
projects designed to conserve and transport raw water in the program
area. As part of the program, the Secretary shall evaluate alternatives
in the program area that could be used to improve water supplies,
including the following:
        (1) Lining irrigation canals.
        (2) Increasing the use of pipelines, flow control structures,
    meters, and associated appurtenances of water supply facilities.
    (b) Program Development.--Within 6 months after the date of the
enactment of this Act, the Secretary, in consultation with the State,
shall develop and publish criteria to determine which projects would
qualify and have the highest priority for financing under this Act.
Such criteria shall address, at a minimum--
        (1) how the project relates to the near- and long-term water
    demands and supplies in the study area, including how the project
    would affect the need for development of new or expanded water
    supplies;
        (2) the relative amount of water (acre feet) to be conserved
    pursuant to the project;
        (3) whether the project would provide operational efficiency
    improvements or achieve water, energy, or economic savings (or any
    combination of the foregoing) at a rate of acre feet of water or
    kilowatt energy saved per dollar expended on the construction of
    the project; and
        (4) if the project proponents have met the requirements
    specified in subsection (c).
    (c) Project Requirements.--A project sponsor seeking Federal
funding under this program shall--
        (1) provide a report, prepared by the Bureau of Reclamation or
    prepared by any competent engineering entity and reviewed by the
    Bureau of Reclamation, that includes, among other matters--
            (A) the total estimated project cost;
            (B) an analysis showing how the project would reduce,
        postpone, or eliminate development of new or expanded water
        supplies;
            (C) a description of conservation measures to be taken
        pursuant to the project plans;
            (D) the near- and long-term water demands and supplies in
        the study area; and
            (E) engineering plans and designs that demonstrate that the
        project would provide operational efficiency improvements or
        achieve water, energy, or economic savings (or any combination
        of the foregoing) at a rate of acre feet of water or kilowatt
        energy saved per dollar expended on the construction of the
        project;
        (2) provide a project plan, including a general map showing the
    location of the proposed physical features, conceptual engineering
    drawings of structures, and general standards for design; and
        (3) sign a cost-sharing agreement with the Secretary that
    commits the non-Federal project sponsor to funding its
    proportionate share of the project's construction costs on an
    annual basis.
    (d) Financial Capability.--Before providing funding for a project
to the non-Federal project sponsor, the Secretary shall determine that
the non-Federal project sponsor is financially capable of funding the
project's non-Federal share of the project's costs.
    (e) Review Period.--Within 1 year after the date a project is
submitted to the Secretary for approval, the Secretary, subject to the
availability of appropriations, shall determine whether the project
meets the criteria established pursuant to this section.
    (f) Report Preparation; Reimbursement.--Project sponsors may choose
to contract with the Secretary to prepare the reports required under
this section. All costs associated with the preparation of the reports
by the Secretary shall be 50 percent reimbursable by the non-Federal
sponsor.
    (g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,000,000.

SEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION.

    (a) Project Implementation.--If the Secretary determines that any
of the following projects meet the review criteria and project
requirements, as set forth in section 3, the Secretary may conduct or
participate in funding engineering work, infrastructure construction,
and improvements for the purpose of conserving and transporting raw
water through that project:
        (1) In the Hidalgo County, Texas Irrigation District #1, a
    pipeline project identified in the Melden & Hunt, Inc. engineering
    study dated July 6, 2000 as the Curry Main Pipeline Project.
        (2) In the Cameron County, Texas La Feria Irrigation District
    #3, a distribution system improvement project identified by the
    1993 engineering study by Sigler, Winston, Greenwood and
    Associates, Inc.
        (3) In the Cameron County, Texas Irrigation District #2 canal
    rehabilitation and pumping plant replacement as identified as Job
    Number 48-05540-002 in a report by Turner Collie & Braden, Inc.
    dated August 12, 1998.
        (4) In the Harlingen Irrigation District Cameron #1 Irrigation
    District a project of meter installation and canal lining as
    identified in a proposal submitted to the Texas Water Development
    Board dated April 28, 2000.
    (b) Construction Cost Share.--The non-Federal share of the costs of
any construction carried out under, or with assistance provided under,
this section shall be 50 percent. Not more than 40 percent of the costs
of such an activity may be paid by the State. The remainder of the non-
Federal share may include in-kind contributions of goods and services,
and funds previously spent on feasibility and engineering studies.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000.

                               Speaker of the House of Representatives.

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

Summary: Requires the Secretary to develop and publish criteria to determine which projects would qualify and have the highest priority for financing. Requires such criteria to address at a minimum: (1) how the project relates to the near-and long-term water demands and supplies in the study area, including how the project would affect the need for development of new or expanded water supplies, (2) the relative amount of water to be conserved. (3) whether the project would provide operational efficiency improvements or achieve water, energy, or economic savings at a rate of acre feet of water or kilowatt energy saved per dollar expended on construction of the project. And (4) if the project proponents have met the following project requirements. Requires a project sponsor seeking Federal funding under this program to: (1) provide a report that includes an analysis showing how the project would reduce, postpone, or eliminate development of new or expanded water supplies, and a description of conservation measures to be taken, (2) provide a project plan. And (3) sign a cost-sharing agreement with the Secretary that commits the non-Federal project sponsor to annual funding of its proportionate share of the project's construction costs. Requires the Secretary to determine: (1) that the project sponsor is financially capable of funding the project's non-Federal share of the project's costs. And (2) within one year after the date the project is submitted for approval, whether a project meets the criteria. Permits project sponsors to contract with the Secretary to prepare such reports. Authorizes the Secretary, through specified projects that meet the review criteria and project requirements, to conduct or participate in funding engineering work, infrastructure construction and improvements for conserving and transporting raw water. Limits: (1) the non-Federal share of the costs of any such activity to 50 percent. And (2) payments by the State to 40 percent of such costs. Permits the remainder of the non-Federal share to include in-kind contributions of goods and services, and funds previously spent on feasibility and engineering studies. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Urban Recovery and Growth Act''.

SEC. 2. EXTENSION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS FOR
              CERTAIN CITIES.

    (a) In General.--Part III of subchapter Y of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:

``SEC. 1400U-4. EXTENSION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS
              FOR CERTAIN CITIES.

    ``(a) In General.--In the case of an economic development extension
bond--
            ``(1) such bond shall be treated for purposes of section
        6431 as a qualified bond issued before January 1, 2011,
            ``(2) subsection (b) of such section shall be applied by
        substituting `45 percent' for `35 percent', and
            ``(3) interest on such bond shall be includible in gross
        income.
    ``(b) Economic Development Extension Bond.--For purposes of this
section--
            ``(1) In general.--The term `economic development extension
        bond' means any specified bond issued during the 1-year period
        beginning on the date of the enactment of this section as part
        of an issue if--
                    ``(A) 100 percent of the excess of--
                            ``(i) the available project proceeds (as
                        defined in section 54A) of such issue, over
                            ``(ii) the amounts in a reasonably required
                        reserve (within the meaning of section
                        150(a)(3)) with respect to such issue,
                are to be used for one or more qualified purposes, and
                    ``(B) the issuer designates such bond for purposes
                of this section.
            ``(2) Specified bond.--
                    ``(A) In general.--The term `specified bond' means
                any obligation (other than a private activity bond) if
                the interest on such obligation would (but for this
                section) be excludable from gross income under section
                103.
                    ``(B) Applicable rules.--For purposes of applying
                subparagraph (A)--
                            ``(i) rules similar to the rules of section
                        54AA(d)(2) shall apply, and
                            ``(ii) section 148 shall not apply with
                        respect to any issue with respect to which the
                        excess described in paragraph (1)(A) is used
                        for a qualified purpose described in paragraph
                        (3)(B).
            ``(3) Qualified purposes.--The term `qualified purposes'
        means--
                    ``(A) any qualified economic development purpose
                (as defined in section 1400U-2(c), applied by treating
                specified cities (and only specified cities) as
                recovery zones), and
                    ``(B) any refinancing of indebtedness of a
                specified city which is outstanding on the date of the
                enactment of this section.
            ``(4) Specified city.--The term `specified city' means any
        principal city for a metropolitan statistical area (as
        determined by the Office of Management and Budget) which--
                    ``(A) has an average unemployment rate of not less
                than 150 percent of the national average rate for the
                last calendar year ending before the date of the
                enactment of this section, and
                    ``(B) has lost at least 20 percent of its
                population between calendar year 2000 and calendar year
                2010.
            ``(5) Limitation on amount of bonds designated.--
                    ``(A) In general.--The maximum aggregate face
                amount of bonds which may be designated under paragraph
                (1) with respect to any specified city shall not exceed
                the bond limitation allocated to such city under
                subparagraph (B).
                    ``(B) Allocation.--The Secretary shall allocate
                bond limitation to each specified city such that the
                bond limitation allocated to such city bears the same
                proportion to $1,000,000,000 as the population of such
                city (as determined for purposes of the 2010 census)
                bears to the total population of all specified cities
                (as so determined).''.
    (b) Clerical Amendment.--The table of sections for part III of
subchapter Y of chapter 1 of such Code is amended by adding at the end
the following new item:

``Sec. 1400U-4. Extension of recovery zone economic development bonds
                            for certain cities.''.
    (c) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act.

Summary: Urban Recovery and Growth Act - Amends the Internal Revenue Code to authorize the issuance of economic development extension bonds for the purpose of economic development or refinancing the indebtedness of a city that has an average unemployment rate of not less than 150 of the national average in the preceding calendar year and that has lost at least 20 of its population between 2000 and 2010.

To amend the Internal Revenue Code of 1986 to extend the recovery zone economic development bonds for certain cities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Education for Retirement Security
Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Improving financial literacy is a critical and complex
        task for Americans of all ages.
            (2) Low levels of savings and high levels of personal and
        real estate debt are serious problems for many households
        nearing retirement.
            (3) Only 53 percent of working Americans have any form of
        pension coverage. Three out of four women aged 65 or over
        receive no income from employer-provided pensions.
            (4) The more limited timeframe that mid-life and older
        individuals and families have to assess the realities of their
        individual circumstances, to recover from counter-productive
        choices and decisionmaking processes, and to benefit from more
        informed financial practices, has immediate impact and near
        term consequences for Americans nearing or of retirement age.
            (5) Research indicates that there are now 4 basic sources
        of retirement income security. Those sources are social
        security benefits, pensions and savings, healthcare insurance
        coverage, and, for an increasing number of older individuals,
        necessary earnings from working during one's ``retirement''
        years.
            (6) The $5,000,000,000,000 loss in stock market equity
        values since 2000 has had a significantly negative effect on
        mid-life and older individuals and on their pension plans and
        retirement accounts, affecting both individuals with plans to
        retire and those who are already in retirement.
            (7) Although today's older individuals are generally
        thought to be doing well, nearly \1/5\ (18 percent) of such
        individuals were living below 125 percent of the poverty line
        during a year of national prosperity, 1995.
            (8) Over the next 30 years, the number of older individuals
        in the United States is expected to double, from 35,000,000 to
        nearly 75,000,000, and long-term care costs are expected to
        skyrocket.
            (9) Financial exploitation is the largest single category
        of abuse against older individuals and this population
        comprises more than \1/2\ of all telemarketing victims in the
        United States.
            (10) The Federal Trade Commission (FTC) Identity Theft Data
        Clearinghouse has reported that incidents of identity theft
        targeting individuals over the age of 60 increased from 1,821
        victims in 2000 to 5,802 victims in 2001, a threefold increase.

SEC. 3. GRANT PROGRAM TO ENHANCE FINANCIAL AND RETIREMENT LITERACY AND
              REDUCE FINANCIAL ABUSE AND FRAUD AMONG MID-LIFE AND OLDER
              AMERICANS.

    (a) Authority.--The Secretary is authorized to award grants to
eligible entities to provide financial education programs to mid-life
and older individuals who reside in local communities in order to--
            (1) enhance financial and retirement knowledge among such
        individuals; and
            (2) reduce financial abuse and fraud, including
        telemarketing, mortgage, and pension fraud, among such
        individuals.
    (b) Eligible Entities.--An entity is eligible to receive a grant
under this section if such entity is--
            (1) a State agency or area agency on aging; or
            (2) a nonprofit organization with a proven record of
        providing--
                    (A) services to mid-life and older individuals;
                    (B) consumer awareness programs; or
                    (C) supportive services to low-income families.
    (c) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Secretary in such form and
containing such information as the Secretary may require, including a
plan for continuing the programs provided with grant funds under this
section after the grant expires.
    (d) Limitation on Administrative Costs.--A recipient of a grant
under this section may not use more than 4 percent of the total amount
of the grant in each fiscal year for the administrative costs of
carrying out the programs provided with grant funds under this section.
    (e) Evaluation and Report.--
            (1) Establishment of performance measures.--The Secretary
        shall develop measures to evaluate the programs provided with
        grant funds under this section.
            (2) Evaluation according to performance measures.--Applying
        the performance measures developed under paragraph (1), the
        Secretary shall evaluate the programs provided with grant funds
        under this section in order to--
                    (A) judge the performance and effectiveness of such
                programs;
                    (B) identify which programs represent the best
                practices of entities developing such programs for mid-
                life and older individuals; and
                    (C) identify which programs may be replicated.
            (3) Annual reports.--For each fiscal year in which a grant
        is awarded under this section, the Secretary shall submit a
        report to Congress containing a description of the status of
        the grant program under this section, a description of the
        programs provided with grant funds under this section, and the
        results of the evaluation of such programs under paragraph (2).

SEC. 4. NATIONAL TRAINING AND TECHNICAL ASSISTANCE PROGRAM.

    (a) Authority.--The Secretary is authorized to award a grant to 1
or more eligible entities to--
            (1) create and make available instructional materials and
        information that promote financial education; and
            (2) provide training and other related assistance regarding
        the establishment of financial education programs to eligible
        entities awarded a grant under section 3.
    (b) Eligible Entities.--An entity is eligible to receive a grant
under this section if such entity is a national nonprofit organization
with substantial experience in the field of financial education.
    (c) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Secretary in such form and
containing such information as the Secretary may require.
    (d) Basis and Term.--The Secretary shall award a grant under this
section on a competitive, merit basis for a term of 5 years.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Financial education.--The term ``financial education''
        means education that promotes an understanding of consumer,
        economic, and personal finance concepts, including saving for
        retirement, long-term care, and estate planning and education
        on predatory lending and financial abuse schemes.
            (2) Mid-life individual.--The term ``mid-life individual''
        means an individual aged 45 to 64 years.
            (3) Older individual.--The term ``older individual'' means
        an individual aged 65 or older.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated to
carry out this Act, $100,000,000 for each of the fiscal years 2003
through 2007.
    (b) Limitation on Funds for Evaluation and Report.--The Secretary
may not use more than $200,000 of the amounts appropriated under
subsection (a) for each fiscal year to carry out section 3(e).
    (c) Limitation on Funds for Training and Technical Assistance.--The
Secretary may not use less than 5 percent or more than 10 percent of
amounts appropriated under subsection (a) for each fiscal year to carry
out section 4.

Summary: Education for Retirement Security Act of 2002 - Authorizes the Secretary of Health and Human Services to award grants to eligible entities to provide financial education programs to mid-life and older individuals who reside in local communities in order to: (1) enhance financial and retirement knowledge among them. And (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud, among them. Authorizes the Secretary to award a grant to one or more eligible entities to: (1) create and make available instructional materials and information that promote financial education. And (2) provide training and other related assistance regarding the establishment of financial education programs.

A bill to establish a grant program to enhance the financial and retirement literacy of mid-life and older Americans and to reduce financial abuse and fraud among such Americans, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``50th Anniversary of the Texas
Western College Men's Basketball Championship Commemorative Coin Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) On March 19, 1966, Texas Western College (the
        ``Miners'') defeated the University of Kentucky in the National
        Collegiate Athletic Association (``NCAA'') men's college
        basketball final at Cole Field House in College Park, Maryland,
        by a score of 72-65.
            (2) The 1966 Miners are still the only team from the State
        of Texas to win a NCAA basketball championship.
            (3) This marked the first time an all-Black starting lineup
        had won the NCAA championship;
            (4) After the 1966 championship, many college teams
        throughout the South following the Miners' example began
        recruiting Black athletes, ending years of segregation.
            (5) Immediately after the championship, between the years
        of 1966 and 1985, the average number of Black players on
        college teams nearly doubled.
            (6) Every southern conference team (including the
        Southeastern Conference) followed the Miners' example, and all
        basketball teams were integrated the following season.
            (7) The top-ranked University of Kentucky men's basketball
        team was favored in the final over the third-ranked Texas
        Western College squad.
            (8) Texas Western College was led by coach Don Haskins and
        the University of Kentucky by coach Adolph Rupp.
            (9) Coach Haskins taught his team the ``swinging gate''
        defensive style he had learned as a player at Oklahoma
        Agricultural and Mechanical College (now Oklahoma State
        University) under legendary coach Henry Iba.
            (10) Texas Western College's journey to the 1966 NCAA
        championship was depicted in the 2006 film titled ``Glory
        Road''.

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
            (1) $5 gold coins.--Not more than 50,000 $5 coins, which
        shall--
                    (A) weigh 8.359 grams;
                    (B) have a diameter of 0.850 inches; and
                    (C) contain 90 percent gold and 10 percent alloy.
            (2) $1 silver coins.--Not more than 400,000 $1 coins, which
        shall--
                    (A) weigh 26.73 grams;
                    (B) have a diameter of 1.500 inches; and
                    (C) contain 90 percent silver.
            (3) Half-dollar clad coins.--Not more than 750,000 half-
        dollar coins which shall--
                    (A) weigh 11.34 grams;
                    (B) have a diameter of 1.205 inches; and
                    (C) be minted to the specifications for half-dollar
                coins contained in section 5112(b) of title 31, United
                States Code.
    (b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of section 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.

SEC. 4. DESIGN OF COINS.

    (a) In General.--The design of the coins minted under this Act
shall be emblematic of the game of basketball and shall be--
            (1) selected by the Secretary after consultation with the
        Commission of Fine Arts and the National Collegiate Basketball
        Hall of Fame; and
            (2) reviewed by the Citizens Coinage Advisory Committee.
    (b) Designation and Inscriptions.--On each coin minted under this
Act there shall be--
            (1) a designation of the value of the coin;
            (2) an inscription of the year ``2017''; and
            (3) inscriptions of the words ``Liberty'', ``In God We
        Trust'', ``United States of America'', and ``E Pluribus Unum''.

SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
    (b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
    (c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2017.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
            (1) the face value of the coins;
            (2) the surcharge provided in section 7(a) with respect to
        such coins; and
            (3) the cost of designing and issuing the coins (including
        labor, materials, dies, use of machinery, overhead expenses,
        marketing, and shipping).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
    (c) Prepaid Orders.--
            (1) In general.--The Secretary shall accept prepaid orders
        for the coins minted under this Act before the issuance of such
        coins.
            (2) Discount.--Sale prices with respect to prepaid orders
        under paragraph (1) shall be at a reasonable discount.

SEC. 7. SURCHARGES.

    (a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
            (1) $35 per coin for the $5 coin;
            (2) $10 per coin for the $1 coin; and
            (3) $5 per coin for the half-dollar coin.
    (b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the National Collegiate Basketball Hall of Fame to help
finance renovations of existing National Collegiate Basketball Hall of
Fame facilities.
    (c) Audits.--The National Collegiate Basketball Hall of Fame shall
be subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (b).
    (d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.

SEC. 8. FINANCIAL ASSURANCES.

    The Secretary shall take such actions as may be necessary to ensure
that--
            (1) minting and issuing coins under this Act will not
        result in any net cost to the United States Government; and
            (2) no funds, including applicable surcharges, are
        disbursed to any recipient designated in section 7 until the
        total cost of designing and issuing all of the coins authorized
        by this Act (including labor, materials, dies, use of
        machinery, overhead expenses, marketing, and shipping) is
        recovered by the United States Treasury, consistent with
        sections 5112(m) and 5134(f) of title 31, United States Code.

Summary: th Anniversary of the Texas Western College Men's Basketball Championship Commemorative Coin Act Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 coins, 400,000 $1 coins, and 750,000 half-dollar coins emblematic of the game of basketball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Collegiate Basketball Hall of Fame to help finance renovations of existing National Collegiate Basketball Hall of Fame facilities.