Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Communications Privacy
Act''.

SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

    Congress finds the following:
            (1) The Electronic Communications Privacy Act of 1986
        (Public Law 99-508; 100 Stat. 1848) (referred to in this
        section as ``ECPA'') was intended to protect the privacy of
        electronic communications stored with providers of electronic
        communications services and remote computing services, while
        balancing the legitimate needs of law enforcement to access
        records stored by such providers.
            (2) To strike this balance, ECPA authorized governmental
        entities to obtain certain categories of communications data
        from providers using established, pre-existing forms of process
        warrants and subpoenas. It also created a new form of court
        order, in section 2703(d) of title 18, United States Code, that
        governmental entities could use to obtain additional types of
        communications data.
            (3) Congress recognizes the legitimate needs of law
        enforcement agencies in the United States to obtain, through
        lawful process, electronic communications relevant to criminal
        investigations, as well as the privacy interests of citizens of
        foreign countries. Therefore, where the Government seeks to
        obtain the contents of electronic communications of foreign
        citizens located outside of the United States, this Act
        authorizes the use of search warrants only if the foreign
        government does not have a Law Enforcement Cooperation
        Agreement with the United States or, if it does have such a Law
        Enforcement Cooperation Agreement, the foreign government does
        not object to disclosure.

SEC. 3. EXTENSION AND CLARIFICATION OF WARRANT REQUIREMENT.

    (a) In General.--Chapter 121 of title 18, United States Code, is
amended--
            (1) in section 2702(a), by amending paragraph (3) to read
        as follows:
            ``(3) a provider of remote computing service or electronic
        communication service to the public shall not knowingly divulge
        to any governmental entity the contents of any communication
        described in section 2703(a), or any record or other
        information pertaining to a subscriber or customer of such
        service.'';
            (2) in section 2703--
                    (A) by striking subsections (a) and (b) and
                inserting the following:
    ``(a) Contents of Wire or Electronic Communication in Electronic
Storage.--A governmental entity may require the disclosure by a
provider of electronic communication service or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with or otherwise stored, held, or maintained by
the provider, regardless of where such contents may be in electronic
storage or otherwise stored, held, or maintained, only pursuant to a
warrant issued using the procedures described in the Federal Rules of
Criminal Procedure (or, in the case of a State court, issued using
State warrant procedures) by a court of competent jurisdiction. An
application for a warrant under this section shall include a full and
complete statement of the facts and circumstances relied upon and the
investigative steps taken to ascertain the nationality and location of
the subscriber or customer whose contents are sought by the warrant.
Any such warrant may be used to require the disclosure of contents of a
wire or electronic communication only if the court finds that--
            ``(1) the governmental entity has taken all reasonable
        steps to establish the nationality and location of the
        subscriber or customer whose contents are sought; and
            ``(2) at the time the warrant application is made--
                    ``(A) there are reasonable grounds to believe that
                the subscriber or customer whose contents are sought by
                the warrant is--
                            ``(i) a United States person;
                            ``(ii) physically located within the United
                        States;
                            ``(iii) a national of or located in a
                        foreign country or countries where any of those
                        countries has an applicable Law Enforcement
                        Cooperation Agreement with the United States
                        (or in the case where the warrant application
                        is made on behalf of a foreign government
                        pursuant to a Law Enforcement Cooperation
                        Agreement with the United States, any of those
                        countries has an applicable Law Enforcement
                        Cooperation Agreement with the requesting
                        foreign government) and the Central Authority
                        for each such country with such a Law
                        Enforcement Cooperation Agreement provides
                        written certification that the disclosure may
                        be had or does not object to the disclosure
                        within 60 days after formal submission of a
                        request for such certification; or
                            ``(iv) a national of and located in a
                        foreign country or countries where none of
                        those countries have an applicable Law
                        Enforcement Cooperation Agreement with the
                        United States (or in the case where the warrant
                        application is made on behalf of a foreign
                        government pursuant to a Law Enforcement
                        Cooperation Agreement with the United States,
                        none of those countries have an applicable Law
                        Enforcement Cooperation Agreement with the
                        requesting foreign government); or
                    ``(B) there are no reasonable grounds on which to
                base a belief as to either the nationality or the
                location of the subscriber or customer whose contents
                are sought.
    ``(b) Warrant Requirements.--Upon a motion made promptly by the
service provider, a court issuing a warrant under this section shall
modify or vacate such warrant if--
            ``(1) the court finds that the warrant does not meet the
        requirements of this section or is otherwise unlawful; or
            ``(2) the service provider presents additional information
        about the subscriber's or customer's physical location, status
        as a United States person, or status as a national of a foreign
        country that would cause the court to find that the warrant
        application would not comply with the requirements of this
        section.'';
                    (B) in subsection (d), in the first sentence--
                            (i) by striking ``(b) or'';
                            (ii) by striking ``the contents of a wire
                        or electronic communication, or''; and
                            (iii) by striking ``sought, are'' and
                        inserting ``sought are''; and
                    (C) by adding at the end the following:
    ``(h) Rule of Construction.--Nothing in this section or in section
2702 shall be construed to limit the authority of a governmental entity
to use an administrative subpoena authorized under a Federal or State
statute or to use a Federal or State grand jury, trial, or civil
discovery subpoena to--
            ``(1) require an originator, addressee, or intended
        recipient of an electronic communication to disclose the
        contents of the electronic communication to the governmental
        entity; or
            ``(2) require an entity that provides electronic
        communication services to the officers, directors, employees,
        or agents of the entity (for the purpose of carrying out their
        duties) to disclose the contents of an electronic communication
        to or from an officer, director, employee, or agent of the
        entity to a governmental entity, if the electronic
        communication is held, stored, or maintained on an electronic
        communications system owned or operated by the entity.'';
            (3) in section 2704(a)(1), by striking ``section
        2703(b)(2)'' and inserting ``section 2703''; and
            (4) in section 2711--
                    (A) in paragraph (3)(B) by striking ``warrants;
                and'' and inserting ``warrants;'';
                    (B) in paragraph (4) by striking ``thereof.'' and
                inserting ``thereof;''; and
                    (C) by adding at the end the following:
            ``(5) the term `United States person' means a citizen of
        the United States or an alien lawfully admitted for permanent
        residence (as defined in section 101(a) of the Immigration and
        Nationality Act (8 U.S.C. 1101(a)));
            ``(6) the term `Law Enforcement Cooperation Agreement'
        means--
                    ``(A) a mutual legal assistance treaty, mutual
                legal assistance agreement, adherence to the Convention
                on Cybercrime, signed November 21, 2001; or
                    ``(B) an executive agreement or treaty between the
                United States and one or more countries designed to
                establish a reciprocal process for notifying and
                obtaining the consent of the other country or countries
                in order to obtain the contents of electronic
                communication pursuant to section 2703(a)(1)(A)(iii),
                provided that the Attorney General shall maintain a
                list of countries with which the United States has such
                agreements and shall submit such list, as and when
                amended, to the Committees on the Judiciary and Foreign
                Relations of the United States Senate and the
                Committees on the Judiciary and Foreign Affairs of the
                United States House of Representatives, and shall make
                it available to the public;
            ``(7) the term `Central Authority' means the agency,
        department, office, or authority of a country responsible for
        administering a particular Law Enforcement Cooperation
        Agreement between that country and another; and
            ``(8) the term `national of a foreign country' means a
        citizen, a lawful resident, or an entity organized under the
        laws of a foreign jurisdiction.''.
    (b) Rule of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to expand the investigative
authority of any governmental entity.

SEC. 4. MUTUAL LEGAL ASSISTANCE TREATY REFORMS.

    (a) Mutual Legal Assistance Treaty Transparency and Efficiency.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Attorney General shall establish--
                    (A) a form for use by a foreign government filing a
                mutual legal assistance treaty request (referred to in
                this section as an ``MLAT request''), which shall--
                            (i) be made available on the website of the
                        Department of Justice; and
                            (ii) require sufficient information and be
                        susceptible for use by a foreign government to
                        provide all the information necessary for the
                        MLAT request;
                    (B) an online docketing system for all MLAT
                requests, which shall allow a foreign government to
                track the status of an MLAT request filed by the
                foreign government; and
                    (C) a process through which certified approval may
                be sought for disclosure pursuant to warrants issued
                under section 2703(a).
            (2) Annual publication.--Beginning not later than 1 year
        after the date of enactment of this Act, and each year
        thereafter, the Attorney General shall publish on the website
        of the Department of Justice statistics on--
                    (A)(i) the number of MLAT requests made by the
                Department of Justice to foreign governments for the
                purpose of obtaining the contents of an electronic
                communication or other information or records from a
                provider of electronic communications or remote
                computing services; and
                    (ii) the average length of time taken by foreign
                governments to process the MLAT requests described in
                clause (i); and
                    (B)(i) the number of MLAT requests made to the
                Department of Justice by foreign governments for the
                purpose of obtaining the contents of an electronic
                communication or other information or records from a
                provider of electronic communications or remote
                computing services; and
                    (ii) the average length of time taken by the
                Department of Justice to process the MLAT requests
                described in clause (i).
            (3) Notice to department of state.--The Attorney General
        shall notify the Secretary of State not later than 7 days after
        the date on which disclosure of electronic communications
        content to a foreign government is made pursuant to an MLAT
        request.
    (b) Preservation of Records.--The Attorney General may issue a
request pursuant to section 2703(f) of title 18, United States Code,
upon receipt of an MLAT request that appears to be facially valid.
    (c) Notification to Provider of MLAT Request.--When the Attorney
General makes use of the process provided in section 2703 of title 18,
United States Code, to obtain information from an electronic
communications provider or a remote computing provider based on an MLAT
request, the Attorney General shall notify that provider in writing
that the request has been made pursuant to a mutual legal assistance
treaty.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) data localization requirements imposed by foreign
        governments on data providers are--
                    (A) incompatible with the borderless nature of the
                Internet;
                    (B) an impediment to online innovation; and
                    (C) unnecessary to meet the needs of law
                enforcement; and
            (2) the Department of Justice, the Department of State, and
        the United States Trade Representatives should pursue open data
        flow policies with foreign nations.

Output: International Communications Privacy Act This bill amends the federal criminal code by allowing a governmental entity to require providers of electronic communication services or remote computing services to disclose the contents of communications in electronic storage (e.g., the cloud), regardless of where those communications are located. Thus, a governmental entity may obtain a warrant for electronic communications stored outside of the United States if certain conditions for obtaining the warrant are met. The bill allows a governmental entity to obtain those communications only if a court finds that the governmental entity has taken all reasonable steps to establish the nationality and location of the subscriber or customer whose communications are sought and that there are reasonable grounds to believe that such subscriber or customer is a U.S. person, a person physically located within the United States, or a national of a foreign country that has a law enforcement cooperation agreement with the United States. The Department of Justice must: (1) establish a process for foreign governments to file mutual legal assistance treaty requests for obtaining access to electronic communications, and (2) publish annually information concerning those requests.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Repairing Our Aging Roads Act''.

SEC. 2. TRANSPORTATION BONDS AND TRUST FUNDS.

    (a) Authority To Issue Transportation Bonds.--Section 3102 of title
31, United States Code, is amended by adding at the end the following
new subsection:
    ``(f) Transportation Bonds.--
            ``(1) In general.--The Secretary is authorized to issue
        bonds under this section, to be known as `Transportation
        Bonds'. Transportation Bonds shall be issued for each of the 50
        States and shall be separately identified with respect to each
        State.
            ``(2) Limitation.--The aggregate amount of Transportation
        Bonds issued with respect to each State shall not exceed
        $2,000,000,000.
            ``(3) Form.--Except as provided in paragraph (3), the bonds
        authorized by paragraph (1) shall be in such form and
        denominations, and shall be subject to such terms and
        conditions of issue, conversion, redemption, maturation,
        payment, and rate of interest as the Secretary may prescribe.
            ``(4) Maximum rate of interest.--The rate of interest on
        any bond authorized by paragraph (1) shall not exceed the rate
        of interest which is 0.25 percentage points less than the rate
        of interest which would apply with respect to an otherwise
        substantially identical bond authorized under subsection
        (a).''.
    (b) Transportation Trust Funds.--
            (1) Establishment of trust funds.--There is established in
        the Treasury of the United States 50 separate trust funds,
        consisting of such amounts as may be appropriated, credited, or
        transferred to each such trust fund as provided in this section
        or other provision of law. Such trust funds shall be
        established with respect to each of the 50 States and each
        shall be known as the ``State Transportation Trust Fund''
        (where the name of the corresponding State is substituted for
        ``State''). For purposes of this subsection, any reference to
        ``each State Transportation Trust Fund'' shall be treated as a
        reference to each of the 50 trust funds established under this
        paragraph.
            (2) Transfers to trust funds.--There are hereby
        appropriated to each State Transportation Trust Fund amounts
        equivalent to all revenues derived from the sale and issuance
        of Transportation Bonds issued under section 3102 of title 31,
        United States Code, with respect to the corresponding State.
            (3) Expenditures from trust funds.--Amounts in each State
        Transportation Trust Fund shall be available, without need of
        further appropriation, for monthly disbursement to the
        corresponding State with respect to such Trust Fund. Such
        monthly disbursements shall be used by the corresponding State
        only for purposes of making expenditures to construct or
        improve transportation infrastructure in the corresponding
        State.
    (c) Prevention of State Participation in Transportation Bonds
Program.--
            (1) In general.--The Secretary of the Treasury shall not
        issue any Transportation Bond under section 3102(f) of title
        31, United States Code, as added by subsection (a), to any
        State or political subdivision thereof.
            (2) Denial of state benefit from indirect acquisitions.--
        Appropriations to any State Transportation Trust Fund under
        subsection (b)(2) shall be reduced by the amount of any
        revenues derived from the sale or issuance of any
        Transportation Bond to any person if such bond was acquired by
        such person with funds provided directly or indirectly by any
        State or political subdivision thereof.

SEC. 3. OFFSETTING REDUCTION IN DISCRETIONARY SPENDING.

    (a) Calculation.--On the last day of the first quarter during which
Transportation Bonds are issued under section 3102(f) of title 31,
United States Code (as added by subsection (a)), and on the last day of
each quarter thereafter, the Secretary of the Treasury shall calculate
the dollar amount of bonds issued during any such quarter.
    (b) Rescission.--On the first day of the quarter immediately
following any quarter with respect to which a calculation is made under
subsection (a), there is hereby rescinded an amount equal to the
calculated dollar amount of--
            (1) the budget authority provided for any discretionary
        account in any appropriation Act for the fiscal year in which
        such first day occurs; and
            (2) the budget authority provided in any advance
        appropriation for any discretionary account in any prior year
        appropriation Act.
    (c) Proportionate Application.--Any rescission made by subsection
(b) shall be applied proportionately--
            (1) to each discretionary account and each item of budget
        authority described in such subsection; and
            (2) within each such account and item, to each program,
        project, and activity (with programs, projects, and activities
        as delineated in the appropriation Act or accompanying reports
        for the relevant fiscal year covering such account or item, or
        for accounts and items not included in appropriation Acts, as
        delineated in the most recently submitted President's budget).

Output: Repairing Our Aging Roads Act - Authorizes the Secretary of Transportation (DOT) to issue Transportation Bonds in the aggregate of up to $2 billion to each state for transportation infrastructure projects. Establishes in the Treasury 50 separate State Transportation Trust Funds consisting of amounts derived from the sale and issuance of Transportation Bonds to construct or improve state transportation infrastructure. Requires an offsetting reduction, equal to the dollar amount of bonds issued, in any discretionary account in any appropriation Act.


Input:
SECTION 1. INCREASED PERSONNEL FOR INVESTIGATING AND COMBATING ALIEN
              SMUGGLING.

    The Attorney General in each of the fiscal years 2001, 2002, 2003,
2004, and 2005 shall increase the number of positions for full-time,
active duty investigators or other enforcement personnel within the
Immigration and Naturalization Service who are assigned to combating
alien smuggling by not less than 50 positions above the number of such
positions for which funds were allotted for the preceding fiscal year.

SEC. 2. INCREASING CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.

    (a) In General.--Subject to subsection (b), pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines for smuggling,
transporting, harboring, or inducing aliens under sections 274(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as
to--
            (1) double the minimum term of imprisonment under that
        section for offenses involving the smuggling, transporting,
        harboring, or inducing of--
                    (A) 1 to 5 aliens from 10 months to 20 months;
                    (B) 6 to 24 aliens from 18 months to 36 months;
                    (C) 25 to 100 aliens from 27 months to 54 months;
                and
                    (D) 101 aliens or more from 37 months to 74 months;
            (2) increase the minimum level of fines for each of the
        offenses described in subparagraphs (A) through (D) of
        paragraph (1) to the greater of the current minimum level or
        twice the amount the defendant received or expected to receive
        as compensation for the illegal activity; and
            (3) increase by at least two offense levels above the
        applicable enhancement in effect on the date of the enactment
        of this Act the sentencing enhancements for intentionally or
        recklessly creating a substantial risk of serious bodily injury
        or causing bodily injury, serious injury, permanent or life
        threatening injury, or death.
    (b) Exceptions.--Subsection (a) shall not apply to an offense
that--
            (1) was committed other than for profit; or
            (2) involved the smuggling, transporting, or harboring only
        of the defendant's spouse or child (or both the defendant's
        spouse and child).

SEC. 3. ELIMINATION OF PENALTY ON PERSONS RENDERING EMERGENCY
              ASSISTANCE.

    (a) In General.--Section 274(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(1)) is amended by adding at the end
the following:
    ``(C) In no case may any penalty for a violation of subparagraph
(A) be imposed on any person based on actions taken by the person to
render emergency assistance to an alien found physically present in the
United States in life threatening circumstances.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act, and
shall apply to offenses committed after the termination of such 90-day
period.

SEC. 4. AMENDMENTS TO SENTENCING GUIDELINES REGARDING THE EFFECT OF
              PROSECUTORIAL POLICIES.

    In the exercise of its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission shall amend
the Federal sentencing guidelines to include the following:
``Sec. 5H1.14. Plea bargaining and other prosecutorial policies.
    ``Plea bargaining and other prosecutorial policies, and differences
in those policies among different districts, are not a ground for
imposing a sentence outside the applicable guidelines range.''.

SEC. 5. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE ARMED.

    (a) In General.--Section 924(c)(1) of title 18, United States Code,
is amended--
            (1) in subparagraph (A)--
                    (A) by inserting after ``device)'' the following:
                ``or any violation of section 274(a)(1)(A) of the
                Immigration and Nationality Act''; and
                    (B) by striking ``or drug trafficking crime--'' and
                inserting ``, drug trafficking crime, or violation of
                section 274(a)(1)(A) of the Immigration and Nationality
                Act--''; and
            (2) in subparagraph (D)(ii), by striking ``or drug
        trafficking crime'' and inserting ``, drug trafficking crime,
        or violation of section 274(a)(1)(A) of the Immigration and
        Nationality Act''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act, and
shall apply to offenses committed after the termination of such 90-day
period.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to funds otherwise available for such
purpose, there are authorized to be appropriated to the Immigration and
Naturalization Service of the Department of Justice such sums as may be
necessary to carry out section 1 and to cover the operating expenses of
the Service and the Department in conducting undercover investigations
of alien smuggling activities and in prosecuting violations of section
274(a)(1)(A) of the Immigration and Nationality Act (relating to alien
smuggling), resulting from the increase in personnel under section 1.
    (b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.

SEC. 7. ALIEN SMUGGLING DEFINED.

    In sections 1 and 6, the term ``alien smuggling'' means any act
prohibited by paragraph (1) or (2) of section 274(a) of the Immigration
and Nationality Act (8 U.S.C. 1324(a)).

            Passed the House of Representatives October 3, 2000.

            Attest:

                                                                 Clerk.

Output:
(Sec. 2) Directs the United States Sentencing Commission to promulgate revised sentencing guidelines for alien smuggling-related activities so as to: (1) double specified minimum prison terms for smuggling, transporting, harboring, or inducement; (2) increase minimum fines; and (3) increase by at least two offense levels sentencing for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury or death. Exempts from such provisions offenses: (1) committed other than for profit; or (2) involving a defendant's spouse, child, or both.
(Sec. 3) Amends the Immigration and Nationality Act (Act) to exempt from specified alien smuggling or harboring criminal penalties persons rendering life threatening emergency assistance to an alien in the United States.
(Sec. 4) Directs the Commission to revise Federal sentencing guidelines to provide that plea bargaining and other prosecutorial policies, and district policy differences, are not a ground for sentence imposition outside applicable guidelines.
(Sec. 5) Amends Federal criminal law to subject specified alien smuggling and harboring crimes under the Act committed by an armed person to enhanced penalties.
(Sec. 6) Authorizes Service appropriations for alien smuggling-related undercover and enforcement activities.
(Sec. 7) Defines alien smuggling for certain purposes of this Act.


Input:
SECTION 1. FINDINGS.

    Congress makes the following findings:
            (1) The estimated veteran population of the Nation is
        22,328,000.
            (2) Nearly 30 percent of veterans live in rural areas, with
        younger veterans who served in support of Operation Iraqi
        Freedom and Operation Enduring Freedom more likely than other
        veterans to live in rural areas.
            (3) Veterans living in rural areas are reported to be in
        poorer health than veterans living in urban areas.
            (4) Veterans living in rural areas often need to travel
        extremely long distances to receive medical care and the other
        services to which they are entitled.
            (5) The medical facilities of the Department of Veterans
        Affairs include 821 community-based outpatient clinics, 300
        veterans centers, and 152 hospitals.
            (6) Rural veterans represent 41 percent of the total number
        of veterans enrolled in the Department of Veterans Affairs
        patient enrollment system under section 1705 of title 38,
        United States Code.
            (7) A higher percentage of veterans residing in rural areas
        reported having at least one disability compared with veterans
        residing in urban areas.
            (8) Each year more than 150,000 members of the Armed Forces
        are discharged or separated from service in the Armed Forces
        and transition to veteran status.
            (9) Navigating the transition from the health care system
        of Department of Defense to the health care system of the
        Department of Veterans Affairs involves the coordination of
        data and information between Department of Defense and the
        Department of Veterans Affairs.
            (10) It is important to develop electronic health records
        that can be accessed by both the Department of Defense and the
        Department of Veterans Affairs whether a patient is a member of
        the Armed Forces or a veteran to ensure the greater
        availability of health care information for members of the
        Armed Forces and veterans.

SEC. 2. TRANSPORTATION GRANTS FOR RURAL VETERANS SERVICE ORGANIZATIONS.

    (a) Grants Authorized.--
            (1) In general.--The Secretary of Veterans Affairs shall
        establish a grant program to provide innovative transportation
        options to veterans in highly rural areas.
            (2) Use of funds.--Grants awarded under this section may be
        used by State veterans service agencies and veterans service
        organizations to--
                    (A) assist veterans in highly rural areas to travel
                to Department of Veterans Affairs medical centers; and
                    (B) otherwise assist in providing medical care to
                veterans in highly rural areas.
            (3) Maximum amount.--The amount of a grant under this
        section may not exceed $50,000.
            (4) No matching requirement.--The recipient of a grant
        under this section may not be required to provide matching
        funds as a condition for receiving such grant.
            (5) Recovery of unused grant funds.--If a recipient of a
        grant does not use the full amount of funds received under this
        section by not later than September 30 of the fiscal year in
        which such grant was awarded, the United States shall be
        entitled to recover from such recipient the total of all unused
        grant amounts made under this section to such recipient.
    (b) Regulations.--The Secretary shall prescribe regulations for--
            (1) evaluating grant applications under this section; and
            (2) otherwise administering the program established by this
        section.
    (c) Reports.--Not later than February 1 of each year, the Secretary
shall submit to Congress a report containing information related to
each grant awarded under this section during the preceding year,
including--
            (1) the name of the grant recipient; and
            (2) the amount of the grant.
    (d) Veterans Service Organization Definition.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary of Veterans Affairs for the representation
of veterans under section 5902 of title 38, United States Code.

SEC. 3. OUTREACH REQUIREMENT.

    (a) Outreach Required.--The Secretary of Veterans Affairs shall
conduct outreach, including under chapter 63 of title 38, United States
Code, to educate veterans and their family members about the
availability of transportation to assist veterans living in rural areas
in traveling to Department of Veterans Affairs medical facilities,
including transportation available pursuant to a grant made under
section 2.
    (b) Outreach Defined.--In this section, the term ``outreach'' shall
have the meaning given such term in section 6301(b)(1) of title 38,
United States Code.

SEC. 4. PILOT PROGRAM FOR THE IMPLEMENTATION OF ELECTRONIC HEALTH
              RECORD SYSTEMS OR CAPABILITIES AT DEPARTMENT OF VETERANS
              AFFAIRS MEDICAL FACILITIES LOCATED IN RURAL AREAS.

    (a) Pilot Program.--The Secretary of Veterans Affairs, in
cooperation with the Secretary of Defense, shall carry out a pilot
program under section 1635(f) of the National Defense Authorization Act
of Fiscal Year 2008 (Public Law 110-181; 122 Stat. 462; 10 U.S.C. 1071
note) at Department of Veterans Affairs medical facilities located in
rural areas and selected by the Secretary. Such pilot program shall be
designed to--
            (1) implement at such medical facilities electronic health
        record systems or capabilities that allow for full
        interoperability of personal health care information between
        the Department of Defense and the Department of Veterans
        Affairs;
            (2) ensure that veterans served by such medical facilities
        are afforded the technological advances to improve the quality
        of health care they receive;
            (3) provide physicians and other personnel at such medical
        facilities with access to the complete personal health care
        information of members of the Armed Forces who are discharged
        or released from service in the Armed Forces; and
            (4) increase the accessibility, efficiency, and use of
        electronic health records at such facilities to meet improved
        health care needs.
    (b) Selection of Medical Facilities.--The Secretary of Veterans
Affairs, in cooperation with the Secretary of Defense, shall select
Department of Veterans Affairs medical facilities at which to carry out
the pilot program under this section. Such facilities shall be located
in rural areas where the population rate of veterans exceeds six
percent.
    (c) Reports.--Not later than April 1 of each year, the Secretary of
Veterans Affairs shall submit to Congress a report on the pilot program
under this section. Each such report shall include--
            (1) an evaluation of best practices relating to furnishing
        health care to veterans residing in rural areas;
            (2) an evaluation of the education and training provided to
        physicians and other personnel at medical facilities
        participating in the pilot program; and
            (3) an evaluation of the health care provided to veterans
        residing in rural areas.

Output: Directs the Secretary of Veterans Affairs (VA) to establish a grant program to provide innovative transportation options to veterans in highly rural areas in order to assist such veterans in traveling to VA medical centers for medical care. Requires the Secretary to conduct outreach to educate veterans and their family members about the availability of such transportation. Directs the Secretary to carry out a pilot program, at rural VA medical centers, for the implementation of electronic health record systems that allow for full interoperability of personal health care information between the Department of Defense (DOD) and the VA.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Life Care Act''.

SEC. 2. LIFE CARE: PUBLIC INSURANCE PROGRAM FOR NURSING HOME CARE.

    (a) In General.--The Public Health Service Act (42 U.S.C. 201 et
seq.) is amended--
            (1) by redesignating title XXVII (42 U.S.C. 300cc et seq.)
        as title XXVIII; and
            (2) by inserting after title XXVI the following new title:

  ``TITLE XXVII--LIFE CARE: PUBLIC INSURANCE PROGRAM FOR NURSING HOME
                                  CARE

``SEC. 2701. ESTABLISHMENT OF VOLUNTARY LONG-TERM CARE INSURANCE
              PROGRAM.

    ``The Secretary shall establish a voluntary insurance program for
individuals 45 years of age and over to cover the nursing home stays of
such individuals.

``SEC. 2702. BENEFITS.

    ``(a) In General.--Subject to subsection (c), an individual who
meets the eligibility criteria prescribed in section 2703 shall be
eligible under the program established under this title for coverage
for necessary services described in subsection (b) (in the amounts
described in subsection (c)) that are provided to the individual by a
nursing facility while the individual is an inpatient of the facility.
    ``(b) Types.--Coverage may be provided under this title for--
            ``(1) nursing care provided by or under the supervision of
        a registered professional nurse;
            ``(2) physical, occupational, or speech therapy furnished
        by a facility or by others under arrangements with a facility;
            ``(3) medical social services;
            ``(4) drug, biological, supply, appliance, and equipment
        for use in the facility, that is ordinarily furnished by the
        facility for the care and treatment of an inpatient;
            ``(5) medical service of an intern or resident-in-training
        under an approved teaching program of a hospital with which a
        facility has in effect a transfer agreement or other diagnostic
        or therapeutic service provided by a hospital with which a
        facility has in effect a transfer agreement; and
            ``(6) such other health services necessary to the health of
        a patient as are generally provided by a nursing home facility.
    ``(c) Coverage Amount.--
            ``(1) In general.--The amount of coverage provided with
        respect to an eligible individual for the services described in
        subsection (b) shall, based on an election made by the
        individual, not exceed $30,000, $60,000, or $90,000 over the
        lifetime of the eligible individual. Such amounts shall be
        adjusted by the Secretary to reflect increases in the Consumer
        Price Index.
            ``(2) Asset protection.--An eligible individual shall be
        entitled to the asset protection provided under section 2708.
    ``(d) Payment.--Amounts provided under this title with respect to
an eligible individual for the services described in subsection (b)
shall be paid from the general fund of the Treasury of the United
States.

``SEC. 2703. ELIGIBILITY.

    ``(a) In General.--An individual shall be eligible for benefits
under this title if--
            ``(1) the individual--
                    ``(A) is a legal resident of the United States and
                has elected coverage under subsection (c);
                    ``(B) has been determined by a Screening Agency
                through a screening process (conducted in accordance
                with section 2707)--
                            ``(i)(I) to require hands-on or standby
                        assistance, supervision, or cueing (as defined
                        in regulations) to perform three or more
                        activities of daily living;
                            ``(II) to require hands-on or standby
                        assistance, supervision, or cueing with at
                        least such instrumental activity (or
                        activities) of daily living related to
                        cognitive or mental impairment as the Secretary
                        specifies; or
                            ``(III) to display symptoms of one or more
                        serious behavioral problems (that is on a list
                        of such problems specified by the Secretary)
                        which create a need for supervision to prevent
                        harm to self or others; and
                            ``(ii) to require such assistance,
                        supervision, or cueing over a period of at
                        least 100 days; and
                    ``(C) has achieved a score, on a standard mental
                status protocol (or protocols) appropriate for
                measuring the individual's particular condition
                specified by the Secretary, that indicates either
                severe cognitive impairment or severe mental
                impairment, or both.
            ``(2)(A) the individual has filed an application for such
        benefits, and is in need of, benefits covered under this title;
            ``(B) the legal guardian of the individual has filed an
        application on behalf of an individual who is in need of
        benefits covered under this title; or
            ``(C) the representative of an individual who is
        cognitively impaired and who is in need of benefits covered
        under this title has filed an application on behalf of the
        individual; and
            ``(3) receiving nursing home services in a nursing facility
        would be in the best interest of the individual.
    ``(b) Current Individuals.--An individual who is in a hospital or
nursing home on the date of the enrollment of the individual in the
program established under this title shall be ineligible for coverage
under this section until the individual's first spell of illness
beginning after such date.
    ``(c) Election of Coverage.--
            ``(1) In general.--Subject to this subsection, an
        individual shall have the option to purchase coverage under
        this title when the individual is 35 years of age, 45 years of
        age, 55 years of age, or 65 years of age.
            ``(2) Initial year.--During the 1-year period beginning on
        the date of enactment of this title, an individual who is 45
        years of age or older shall be eligible to purchase insurance
        under this title, except that such an individual shall not be
        eligible to purchase such insurance--
                    ``(A) while confined to a hospital or nursing home;
                    ``(B) within the 6-month period after the
                individuals confinement in a nursing home; or
                    ``(C) within the 90-day period after the
                individuals confinement in a hospital.
        Individuals described in the matter preceding subparagraph (A)
        shall become eligible to receive benefits under this title on
        the expiration of the 3-year period beginning on the date such
        individuals purchase insurance under this title.
            ``(3) Extension beyond initial year.--If an individual is
        confined to a nursing home or hospital during a period that
        extends beyond the first year after the effective date of this
        title, an individual shall be eligible to enroll in the program
        established by this title during the 60-day period beginning
        after the individual's spell of illness.
            ``(4) Subsequent years.--During years subsequent to the 1-
        year period referred to in paragraph (2), an individual shall
        be eligible to purchase insurance under this title within 6
        months of the 45th, 55th or 65th birthday of the individual.
            ``(5) Activation of benefits.--To receive coverage under
        the insurance program established by this title, an individual
        shall have purchased such coverage not later than 1 month prior
        to admission to a nursing facility, unless the reason for the
        need of services is a result of an accident or stroke
        subsequent to the date that such individual enrolled for
        coverage under this title.

``SEC. 2704. PREMIUM RATES.

    ``(a) In General.--The Secretary shall determine one premium rate
for individuals electing to purchase coverage under this title at age
45 (or between the ages of 45 and 54 during the initial enrollment
period), a separate rate for those individuals who elect such coverage
at age 55 (or between that ages of 55 and 64 during the initial
enrollment period), and a separate rate for those individuals who elect
such coverage at age 65 (or at age 65 and over during the initial
enrollment period).
    ``(b) Revision.--The Secretary shall revise premium rates annually
to increase such rates to reflect the amount of the increase in the
cost of living adjustment with respect to benefits under title II of
the Social Security Act.
    ``(c) Rates.--In developing premium rates under the program
established under this title, the Secretary shall establish rates that
are expected to cover 100 percent of the estimated costs of nursing
home stays for those individuals enrolled in the program.
    ``(d) Waiver.--An individual electing to purchase coverage under
this title shall not be required to pay premiums during any period in
which such individual is receiving benefits under this title.
    ``(e) Payment.--Premiums shall be paid under this section into the
general fund of the Treasury of the United States.

``SEC. 2705. QUALIFIED SERVICE PROVIDERS.

    ``(a) In General.--To be considered as a covered nursing home
service under this title, such service must have been provided by a
qualified service provider.
    ``(b) Types.--A provider shall be considered a qualified service
provider under this title if the provider is a nursing facility that is
certified by the State and meets the requirements of this title and any
other standards established by the Secretary by regulation for the safe
and efficient provision of services covered under this title.

``SEC. 2706. REIMBURSEMENT.

    ``(a) Amount.--Monthly reimbursement for nursing facility services
under this title shall equal 65 percent of the amount the Secretary
determines to be reasonable and appropriate to cover the cost of care
provided under this title, taking into account the average cost of
providing appropriate care in the most efficient manner.
    ``(b) Prospective Payment.--To the extent feasible, the Secretary
shall establish a prospective payment mechanism for payment for nursing
home services under this title that takes into account the expected
resource utilization of individual patients based on their degree of
disability and other factors determining service requirements.
    ``(c) Room and Board Payment.--An individual receiving benefits
under this program shall be responsible for the payment of an amount
for room and board that is equal to--
            ``(1) with respect to the initial 6 months of confinement
        to a nursing facility, 20 percent of the average per diem rate
        paid by the Secretary to nursing facilities receiving
        reimbursement under this title; and
            ``(2) with respect to subsequent periods of confinement, 35
        percent of the average per diem rate paid by the Secretary to
        nursing facilities receiving reimbursement under this title.
    ``(d) Priority Payers.--Notwithstanding any other provision of this
title, reimbursement for nursing facility services provided under this
title to an individual shall, to the extent available, be made under
the Medicare program, under Department of Veterans Affairs' programs,
or under private insurance policies prior to reimbursement under this
title.

``SEC. 2707. LONG-TERM CARE SCREENING AGENCY.

    ``(a) Establishment.--The Secretary shall contract with entities to
act as Long-Term Care Screening Agencies (hereafter referred to in this
title as the `Screening Agency') for each designated area of a State.
It shall be the responsibility of such agency to assess the eligibility
of individuals residing in the geographic jurisdiction of the Agency,
for services provided under this title according to the requirements of
this title and regulations prescribed by the Secretary. In entering
into such contracts, the Secretary shall give preference to State
governmental entities.
    ``(b) Eligibility.--The Screening Agency shall determine the
eligibility of an individual under this title based on the results of a
preliminary telephone interview or written questionnaire (completed by
the applicant, by the caregiver of the applicant, or by the legal
guardian or representative of the applicant) that shall be validated
through the use of a screening tool administered in person to each
applicant determined eligible through initial telephone or written
questionnaire interviews not later than 15 days from the date on which
such individual initially applied for services under this title.
    ``(c) Questionnaires and Screening Tools.--
            ``(1) In general.--The Secretary shall establish a
        telephone or written questionnaire and a screening tool to be
        used by the Screening Agency to determine the eligibility of an
        individual for services under this title consistent with
        requirements of this title and the standards established by the
        Secretary by regulation.
            ``(2) Questionnaires.--The questionnaire shall include
        questions about the functional impairment, mental status, and
        living arrangement of an individual and other criteria that the
        Secretary shall prescribe by regulation.
            ``(3) Screening tools.--The screening tool should measure
        functional impairment caused by physical or cognitive
        conditions as well as information concerning cognition
        disability, behavioral problems (such as wandering or abusive
        and aggressive behavior), the living arrangement of an
        individual, availability of caregivers, and any other criteria
        that the Secretary shall prescribe by regulation. The screening
        tool shall be administered in person.
    ``(d) Notification.--Not later than 15 days after the date on which
an individual initially applied for services under this title (by
telephone or written questionnaire), the Screening Agency shall notify
such individual that such individual is not eligible for benefits, or
that such individuals must schedule an in-person screening to determine
final eligibility for benefits under this title. The Screening Agency
shall notify such individual of its final decision not later than 2
working days after the in-person screening.
    ``(e) In-Person Screening.--An individual (or the legal guardian or
representative of such individual) whose application for benefits under
this title is denied on the basis of information provided through a
telephone or written questionnaire, shall be notified of such
individual's right to an in-person screening by a nurse or appropriate
health care professionals.
    ``(f) Appeals.--The Secretary shall establish a mechanism for
hearings and appeals in cases in which individuals contest the
eligibility findings of the Screening Agency.

``SEC. 2708. RELATION TO TITLE XIX OF THE SOCIAL SECURITY ACT; ASSET
              PROTECTION.

    ``Notwithstanding any other provision of law, the assets an
eligible individual may retain and continue to be determined eligible
for nursing facility benefits under State Medicaid programs (in
accordance with section 1902(a)(10)) shall be increased by the amount
of coverage ($30,000, $60,000, or $90,000) elected under section 2702.

``SEC. 2709. RELATION TO PRIVATE INSURANCE.

    ``(a) In General.--Except as provided in subsection (b), an insurer
may not offer a health insurance policy to an individual covered under
this title if the coverage under such policy duplicates the coverage
provided under this title.
    ``(b) Development of Standard Packages.--The Secretary shall
develop standard health insurance benefits packages that insurers may
offer to individuals receiving benefits under this title. Such packages
shall provide coverage for benefits that compliment, but do not
duplicate, those covered under this title.

``SEC. 2710. DEFINITIONS.

    ``As used in this title:
            ``(1) Activity of daily living.--The term `activity of
        daily living' includes:
                    ``(A) Bathing.--Getting water and cleansing the
                whole body, including turning on the water for a bath,
                shower, or sponge bath, getting to, in, and out of a
                tub or shower, and washing and drying oneself;
                    ``(B) Dressing.--Getting clothes from closets and
                drawers and then getting dressed, including putting on
                braces or other devices and fastening buttons, zippers,
                snaps, or other closures, selecting appropriate attire,
                and dressing in the proper order;
                    ``(C) Toileting.--Going to a bathroom for bowel and
                bladder function, transferring on and off the toilet,
                cleaning after elimination, and arranging clothes;
                    ``(D) Transferring.--Moving in and out of bed and
                in and out of a chair or wheelchair; or
                    ``(E) Eating.--Transferring food from a plate or
                its equivalent into the body, including cutting food so
                as to make possible safe ingestion.
            ``(2) Nursing facility.--The term `nursing facility'
        means--
                    ``(A) a skilled nursing facility (as defined in
                section 1819(a) of the Social Security Act); or
                    ``(B) a facility that is a nursing facility (as
                defined in section 1919(a) of such Act) which meets the
                requirements of section 1819(b)(4)(C) of such Act
                (relating to nursing care).
            ``(3) Spell of illness.--The term `spell of illness' means
        a period of consecutive days beginning with the first day on
        which an individual is furnished services as an inpatient in a
        hospital or nursing facility and ending with the close of the
        first 6 consecutive months thereafter during which the
        individual is no longer an inpatient of a nursing facility, or
        90 days after the individual is no longer an inpatient in a
        hospital.''.
    (b) Conforming Amendments.--
            (1) Sections 2701 through 2714 of the Public Health Service
        Act (42 U.S.C. 300cc through 300cc-15) are redesignated as
        sections 2801 through 2814, respectively.
            (2) Sections 465(f) and 497 of such Act (42 U.S.C. 286(f)
        and 289(f)) are amended by striking out ``2701'' each place
        that such appears and inserting in lieu thereof ``2801''.

Output: Life Care Act - Amends the Public Health Service Act to add a new title, title XXVII:  Life Care:  Public Insurance Program for Nursing Home Care.  Directs the Secretary of Health and Human Services, under such new title, to establish a voluntary insurance program for individuals 45 years of age and over to cover the nursing home stays of such individuals.  Sets forth provisions of the program concerning: (1) benefits; (2) eligibility; (3) premiums; (4) providers; and (5) reimbursement to nursing homes.  Directs the Secretary to contract with entities to act as Long-Term Care Screening Agencies which shall assess the eligibility of individuals for services under the new title.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Weather Service Modernization
Performance Review Act of 1994''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the safety and welfare of the public depends on the
        provision of accurate and timely weather information;
            (2) in general, the National Implementation Plan for
        modernization of the National Weather Service required under
        the Weather Service Modernization Act provides a cost effective
        approach to initiation of weather service modernization;
            (3) some geographic areas, including northern Alabama,
        north central, northeastern, and southwestern Indiana,
        southeastern Tennessee, southeastern Illinois, northern
        California, southwestern and northeastern Texas, central
        Oregon, central Idaho, central Nevada, northwestern Ohio,
        northern Louisiana, northeastern Iowa, north-central Florida,
        and northeastern Arizona, may not realize the full benefits of
        weather service implementation under the plan; and
            (4) there is a need to ensure, by means of an independent,
        technical review, that the implementation of the weather
        service modernization plan at specific sites fully meets the
        intent of law and does not result in a degradation of existing
        service, including no reduction in existing weather radar
        coverage at an elevation of 10,000 feet.

SEC. 3. RESPONSIBILITIES OF THE SECRETARY.

    (a) The Secretary of Commerce (in this Act referred to as the
``Secretary'') shall provide for the public safety by ensuring that the
implementation of the National Implementation Plan for the
modernization of the National Weather Service required under the
Weather Service Modernization Act (in this Act referred to as the
``National Implementation Plan'') does not result in a degradation of
service in any specific geographic area, which shall include
maintaining radar coverage with no degradation of service for areas
served by the National Weather Service system, and also shall provide
for radar coverage in some areas which might not otherwise be adequate
with respect to specific unique weather phenomena which pose a
substantial threat to public safety.
    (b) Within 60 days after the date of enactment of this Act, and
biennially thereafter until 2 years have passed after the
implementation of the National Implementation Plan is completed, the
Secretary shall publish a notice in the Federal Register soliciting
public comment for a period of 60 days on specific geographic areas
where there is uncertainty whether such implementation will result in
or has resulted in any degradation in service.
    (c) Within 180 days after the date of enactment of this Act, and
within 60 days after the end of each biennial comment period under
subsection (b), the Secretary shall enter into an agreement for an
independent review, to be completed within 180 days, by the National
Research Council of the National Academy of Sciences. Such review
shall, for each geographical area identified through a public comment
period under subsection (b)--
            (1) evaluate any unique or extraordinary weather conditions
        in the area;
            (2) consider the proposed NEXRAD radar coverage for the
        area, particularly to determine if the area is or will be in an
        area of weak radar coverage;
            (3) consider the effects of closing any local Weather
        Service office on local weather service and interaction with
        local emergency management agencies; and
            (4) consider the effects of transferring local warning
        responsibility to a remote Weather Forecast Office, including
        the effect on issuing weather warnings by that remote office
        and communicating with emergency management personnel with
        regard to weather emergencies.
    (d) The National Research Council shall submit recommendations,
including any dissenting views, to the Secretary regarding the need to
supplement the National Implementation Plan, revise any specific siting
plans, establish radar coverage at altitudes less than 10,000 feet, or
improve radar coverage service.
    (e) Within 60 days after receiving recommendations from the
National Research Council under subsection (d), the Secretary shall
transmit to the Congress a report containing--
            (1) the recommendations of the National Research Council;
        and
            (2) the actions the Secretary proposes to take in response
        to those recommendations.
    (f) For any area identified through a public comment period under
subsection (b), the Secretary shall take no action which may result in
a reduction of public safety, including the closure of weather service
offices, transfer of responsibilities or duties of those offices,
decommissioning of any warning radar, or transfer or reduction in
personnel in those offices, until such time as the independent review
under subsection (c) is completed and a report with respect to such
review is transmitted to the Congress under subsection (e).
    (g) In carrying out this Act, the Secretary shall consult with the
Secretary of Defense and with the Secretary of Transportation with
respect to coverage of those Department of Defense radars and
Department of Transportation radars, respectively, which supplement the
civil system.

Output: Weather Service Modernization Performance Review Act of 1994 - Directs the Secretary of Commerce to:  (1) ensure that the implementation of the National Implementation Plan (Plan) for modernization of the National Weather Service does not result in service degradation in any specific geographic area; and (2) provide for an independent review of the Plan by the National Research Council of the National Academy of Sciences.


Input:
SECTION 1. AUTHORIZATION OF DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION
PROJECTS.
    (a) Authorized Projects.--The Secretary of Veterans Affairs may
carry out the major medical facility leases for the Department of
Veterans Affairs for which funds are requested in the budget of the
President for fiscal year 1994 and may carry out (or, in the case of the
project specified in paragraph (1), participate in) the following major
medical facility projects in the amounts specified:
        (1) Construction in accordance with an agreement between the
    Secretary of the Air Force and the Secretary of Veterans Affairs of
    a medical facility at Elmendorf Air Force Base, Anchorage, Alaska,
    to be shared by the Air Force and the Department of Veterans
    Affairs, $11,500,000.
        (2) Construction of a psychiatric building at the Department of
    Veterans Affairs Medical Center in Lyons, New Jersey, $41,700,000.
        (3) Modernization and seismic corrections at the Department of
    Veterans Affairs Medical Center in Memphis, Tennessee, $10,700,000.
        (4) Construction of a replacement bed building at the Department
    of Veterans Affairs Medical Center in Muskogee, Oklahoma,
    $33,200,000.
        (5) Construction of an outpatient care addition and parking
    garage at the Department of Veterans Affairs Medical Center in San
    Juan, Puerto Rico, $46,000,000.
        (6) Construction, or expansion and modernization, of a 120-bed
    nursing home facility in the area (referred to as the ``Chesapeake
    network'') served by the Department of Veterans Affairs medical
    centers in Baltimore, Maryland; Fort Howard, Maryland; Martinsburg,
    West Virginia; Perry Point, Maryland; and Washington, District of
    Columbia, the site for which shall be selected in accordance with
    subsection (b).
    (b) Site Selection.--(1) The Secretary, in selecting a site for the
project referred to in subsection (a)(6), shall conduct a study to
determine the most appropriate location for that facility. In conducting
the study, the Secretary shall determine--
        (A) what the specific mission of each medical center operated by
    the Secretary in the Chesapeake network should be to achieve within
    that network--
            (i) effective planning;
            (ii) reduction in duplication of services and programs in
        the same geographic area;
            (iii) realignment of services among facilities within each
        network;
            (iv) improved means of resource distribution; and
            (v) more efficient delivery of needed services;
        (B) whether there is a need for expansion and modernization of
    the nursing home care unit at the medical center at Fort Howard,
    Maryland; and
        (C) what effect the construction of nursing home beds in
    Baltimore, Maryland, as proposed in the President's budget for the
    Department of Veterans Affairs for fiscal year 1994, would have for
    the missions of each of the other medical centers operated by the
    Secretary in the Chesapeake network.
    (2) Not later than 90 days after the date of the enactment of this
Act, the Secretary shall submit to the Committees on Veterans Affairs of
the Senate and House a report on the study under paragraph (1). The
Secretary shall include in the report a statement of each determination
made by the Secretary under that paragraph.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is hereby authorized to be appropriated to
the Secretary of Veterans Affairs for fiscal year 1994--
        (1) $143,100,000 for the major medical facility projects
    authorized in paragraphs (1) through (5) of section 101(a) and such
    sums as may be necessary for the project described in section
    101(a)(6), but not to exceed $14,500,000 in the case of construction
    of nursing home beds in Baltimore, Maryland, as proposed in the
    President's budget for the Department of Veterans Affairs for fiscal
    year 1994; and
        (2) $50,123,105 for the major medical facility leases authorized
    in section 101(a).
    (b) Limitation.--The projects authorized in section 101 may only be
carried out using--
        (1) funds appropriated for fiscal year 1994 pursuant to the
    authorization of appropriations in subsection (a);
        (2) funds appropriated for Construction, Major Projects for a
    fiscal year before fiscal year 1994 that remain available for
    obligation; and
        (3) funds appropriated for Construction, Major Projects for
    fiscal year 1994 for a category of activity not specific to a
    project.
SEC. 3. INCREASE IN AMOUNT OF FACILITY PROJECT THRESHOLD.
    (a) Section 8104(a)(3)(A) of title 38, United States Code, is
amended by striking out ``$2,000,000'' and inserting in lieu thereof
``$3,000,000''.
    (b) Section 8109(i)(2) of such title is amended by striking out
``$2,000,000'' and inserting in lieu thereof ``$3,000,000''.
SEC. 4. INCREASED TERM OF LEASE AUTHORITY RELATING TO PERSHING HALL,
FRANCE.
    Section 403(c)(1) of the Veterans' Benefits Programs Improvement Act
of 1991 (36 U.S.C. 493) is amended by striking out ``35 years'' and
inserting in lieu thereof ``99 years''.

                                Speaker of the House of Representatives.

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

Output:
Authorizes the Secretary of Veterans Affairs to carry out the major medical facility leases for the Department of Veterans Affairs for which funds are requested in the FY 1994 budget.  Authorizes the Secretary to carry out certain major medical facility projects in specified amounts.  Directs the Secretary, in selecting a site for the construction of a nursing home facility in the Chesapeake network area, to conduct a study (with a report) of the most appropriate location for such facility.
Authorizes FY 1994 appropriations to the Secretary for the major medical facilities projects and leases, with limitations.
Increases from $2 million to $3 million the threshold amount to be considered a "major medical facility project," as well as the threshold for use of amounts in a certain revolving fund for construction or renovation of a parking facility at a major medical facility.
Amends the Veterans' Benefits Programs Improvement Act of 1991 to increase from 35 to 99 years the authority of the Secretary to lease newly constructed or substantially rehabilitated areas of Pershing Hall, France.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Democracy in Presidential Debates
Act of 1993''.

SEC. 2. DEFINITION OF PRESIDENTIAL CANDIDATE DEBATE AND PRESIDENTIAL
              PRIMARY DEBATE.

    Section 9002 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraphs:
            ``(13) The term `Presidential primary debate' means a
        debate held prior to the first Presidential primary or caucus
        in which each candidate who receives primary matching funds is
        mandated to appear and participate in a regulated exchange of
        questions and answers on political, economic, and other issues.
            ``(14) The term `Presidential candidate debate' means, with
        regard to any Presidential election, a debate at which each
        candidate nominated for election to the office of President by
        a political party or as an independent candidate meeting the
        qualifications set forth in this title, appears and
        participates in a regulated exchange of questions and answers
        on political, economic, and other issues.''

SEC. 3. PRESIDENTIAL PRIMARY DEBATES.

    (a) In General.--Chapter 96 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:

``SEC. 9043. PRESIDENTIAL PRIMARY DEBATE.

    ``(a) Additional Eligibility Requirements.--In addition to the
requirements specified in section 9033, in order to be eligible to
receive any payments under section 9037, the candidates for the office
of President in a Presidential primary election shall agree in
writing--
            ``(1) that the Presidential candidate will participate in
        one Presidential primary debate with the other candidates
        meeting the criteria set out in this section;
            ``(2) to participate in such Presidential primary debate,
        which shall be held on or after January 15 of election year,
        but at least one week before the first primary or caucus of the
        election year;
            ``(3) to participate in one such Presidential primary
        debate as sponsored by a nonpartisan organization or
        organizations having no affiliation with any political party.
If on December 31 there are 6 or fewer candidates who are obligated to
debate or who are eligible and wish to participate, then there should
be 1 debate among the 6 or fewer candidates. If on December 31 there
are more than 6 candidates obligated or eligible and wishing to
participate, then there will be 2 debates, and the candidates would be
obligated to participate in exactly 1, of their choice. If this formula
should result in 1 of the debates having only 1 participant, then
placement should be determined by lot. Each debate under this
subsection shall last at least 90 minutes, of which not less than 30
minutes shall be devoted to questions and answers or discussion
directly between the candidates, as determined by the sponsor. The
sponsor of the debates shall announce the time, location, and format of
each debate prior to the first Monday of January of the election year.
    ``(b) Enforceability.--If the Commission determines that a
Presidential candidate who has received payments under section 9037
failed to participate in a primary debate under subsection (a) and was
responsible at least in part for such failure, the candidate shall pay
to the Secretary of the Treasury an amount equal to the amount of the
payments made to such candidate under section 9037.
    ``(c) Criteria for Eligibility to Participate in Primary Debate.--
In order to be eligible to participate in primary debates, as set out
in this section, a candidate must have qualified to receive payments
under section 9033 and this section by January 1 of the election year.
    ``(d) Sponsoring Organizations.--Any sponsoring organization
assuming responsibility for organizing the debates provided for in this
section shall include in at least 1 debate, each primary candidate who
meets the criteria in this section.''
    (b) Clerical Amendment.--The table of sections for chapter 96 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:

                              ``Sec. 9043. Presidential primary
                                        debates.''

SEC. 4. PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATE DEBATES.

    Section 9003 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
    ``(e) Presidential and Vice Presidential Candidate Debates.--
            ``(1) Agreement to debate.--In addition to meeting the
        requirements of subsection (a), (b), or (c), in order to be
        eligible to receive any payments under section 9006, the
        candidates for the office of President and Vice President in a
        Presidential election shall agree in writing--
                    ``(A) that the Presidential candidate will
                participate in not less than 2 Presidential general
                election debates with all other candidates meeting the
                criteria set out in this section;
                    ``(B) to participate in such Presidential debates,
                1 of which shall be held in the month of September
                before the Presidential election and 1 of which shall
                be held in the month of October at least 2 weeks prior
                to the election;
                    ``(C) that the Vice Presidential candidate will
                participate in not less than 1 Vice Presidential
                general election debate with all other candidates
                meeting the criteria set out in this section;
                    ``(D) to participate in such debate, which shall be
                held in the month of October between the 2 Presidential
                debates; and
                    ``(E) to participate in such Presidential and Vice
                Presidential debates as sponsored by a nonpartisan
                organization or organizations having no affiliation
                with any political party.
Each debate under this subsection shall last at least 90 minutes, of
which not less than 30 minutes shall be devoted to questions and
answers or discussion directly between the candidates, as determined by
the sponsor. The sponsor of the debates shall announce the time,
location, and format of each debate prior to the first Monday in
September before the Presidential election.
            ``(2) Enforceability.--If the Commission determines that a
        Presidential or Vice Presidential candidate failed to
        participate in a general election debate under subsection (a)
        and was responsible at least in part for such failure, the
        candidate of the party involved shall pay to the Secretary of
        the Treasury an amount equal to the amount of the payments made
        to such candidate under section 9006.
            ``(3) Criteria for eligibility to participate in general
        election debates.--In order to be eligible to participate in
        general election debates, as set out in this section, a
        candidate must meet the following criteria:
                    ``(A) Ballot qualifications.--Such candidate has
                qualified for the election ballot as the candidate of a
                political party or as an independent candidate to the
                office of President or Vice President in not less than
                40 States.
                    ``(B) Financial qualifications.--Such candidate--
                            ``(i) has qualified to receive payments
                        under section 9033 and this section; or
                            ``(ii) as reported under section 304 of the
                        Federal Election Campaign Act of 1971, has
                        raised not less than $500,000 on or after
                        January 1 of the calendar year immediately
                        preceding the calendar year of the Presidential
                        election.
            ``(4) Sponsoring organization.--Any sponsoring organization
        shall include in the general election debates all candidates
        who meet the criteria in this section.''

SEC. 5. TECHNICAL AMENDMENT.

    Section 9032(2)(A) of the Internal Revenue Code of 1986 is amended
by inserting after ``election,'' the following: ``including, for
independent or minor party candidates, initiating petition signature
gathering activities to be placed on the ballot for the general
election''.

Output: Democracy in Presidential Debates Act of 1993 - Amends the Internal Revenue Code to require as a condition of eligibility to receive payments from the Presidential Election Campaign Fund that presidential candidates agree to participate in at least one primary election debate and two general election debates sponsored by a nonpartisan entity.  Requires a corresponding agreement by vice-presidential candidates, but for a minimum of only one general election debate.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Day Laborer Fairness and Protection
Act''.

SEC. 2. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Day laborer.--The term ``day laborer'' means an
        individual who contracts for employment with a day labor
        service agency.
            (2) Day labor.--The term ``day labor'' means labor or
        employment that is occasional or irregular for which an
        individual is employed for not longer than the time period
        required to complete the assignment for which the individual
        was hired and in which wage payments are made directly or
        indirectly by the day labor service agency or the third party
        employer for work undertaken by a day laborer pursuant to a
        contract between the day labor service agency with the third
        party employer. Day labor does not include labor or employment
        of a professional or clerical nature.
            (3) Day labor service agency.--The term ``day labor service
        agency'' means any person or entity engaged in the business of
        employing day laborers to provide services to or for any third
        party employer pursuant to a contract with the day labor
        service agency and the third party employer.
            (4) Department.--The term ``Department'' means the
        Department of Labor.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Labor.
            (6) Third party employer.--The term ``third party
        employer'' means any person or entity that contracts with a day
        labor service agency for the employment of day laborers.

SEC. 3. EQUAL WAGES.

    (a) Equal Rate.--A day labor service agency shall provide notice of
the wage rate expected to be paid by each third party employer using
the services of the agency. For a third party employer, such wage rate
shall be the rate that is equal to the rate paid to permanent employees
of such third party employer who are performing substantially
equivalent work, with due consideration given to seniority, experience,
skills and qualifications. A day laborer shall be paid by a third party
employer not less than the wage rate stated in the notice of the agency
for all work performed for the third party employer, including the work
contained in the description issued under section 6.
    (b) Wage Reduction.-- An employer who is paying a wage rate
differential in violation of subsection (a) shall not, in order to
comply with subsection (a), reduce the wage rate of any employee.
    (c) Agency Processing Delay.--
            (1) In general.--If a day labor service agency expends more
        than 30 minutes in processing a day laborer's work assignment,
        the day labor service agency shall pay the day laborer for any
        additional waiting time at a rate that is not less than the
        rate in effect under section 6(a)(1) of the Fair Labor
        Standards Act of 1938 (20 U.S.C. 206) or the applicable State
        minimum wage law whichever is higher.
            (2) Limitation.--The time spent in transit to or from the
        designated work site or to or from the day labor service agency
        shall not be included in computing processing time.
    (d) Unpaid Wages.--For purposes of administration and enforcement
of this Act, any amounts owing to any employee that have been withheld
in violation of subsection (a) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation.
    (e) Enforcement.--Any employer who violates subsection (a) shall be
liable to any eligible employee affected for damages equal to--
            (1) the amount of any wages, salary, employment benefits,
        or other compensation denied or lost to such employee by reason
        of the violation;
            (2) the interest on the amount described in paragraph (1)
        calculated at the prevailing rate.
    (f) Criminal Provision.--
            (1) In general.--Any employer or any agent of an employer,
        who, being able to pay wages, final compensation, or wage
        supplements and being under a duty to pay, willfully refuses to
        pay as provided in subsection (a), or falsely denies the amount
or validity thereof or that the same is due, with intent to secure for
such employer or other person any underpayment of such indebtedness
with intent to annoy, harass, oppress, hinder, delay, or defraud the
person to whom such indebtedness is due, shall be fined under title 18,
United States Code.
            (2) Continued Violation.--Each day during which any
        violation of subsection (a) continues shall constitute a
        separate and distinct offense.
    (g) Employer Failure To Pay.--Any employer who has been ordered by
the Secretary or the court to pay wages due an employee and who fails
to do so within 15 days after such order is entered shall be liable to
pay a penalty of 10 percent per calendar day to the day laborer for
each day of delay in paying such wages to the day laborer up to an
amount equal to twice the sum of unpaid wages due the day laborer.
    (h) Other Wage Issues.--
            (1) In general.--At the time of the payment of wages, a day
        labor service agency shall provide each day laborer with an
        itemized statement showing in detail each deduction made from
        the wages.
            (2) Annual statement.--A day labor service agency shall
        provide each worker an annual earnings summary within a
        reasonable time after the preceding calendar year, but in no
        case later than February 1. A day labor service agency shall,
        at the time of each wage payment, give notice to day laborers
        of the availability of the annual earnings summary or post such
        a notice in a conspicuous place in the public reception area.
            (3) Payment schedules.--At the request of a day laborer, a
        day labor service agency shall hold the daily wages of the day
        laborer and make either weekly or semi-monthly payments. The
        wages shall be paid in a single check representing the wages
        earned during the period for which wage payments are to be
        made, as designated by the day laborer. A day labor service
        agency that make daily wage payments shall provide written
        notification to all day laborers of the right to request weekly
        or semi-monthly checks. The day laborer service agency may
        provide such notice by conspicuously posting the notice at the
        location where the wages are received by the day laborers.
            (4) Check cashing.--A day labor service agency may not
        charge any day laborer for cashing a check issued by the agency
        for wages earned by a day laborer who performed work through
        that agency.
            (5) Overpayment.--A day laborer shall not be charged fees
        for overpayment to them by the day labor agency.

SEC. 4. RIGHTS OF DAY LABORERS.

    (a) General Rights.--Any employer, or any agent of an employer, who
knowingly discharges or in any other manner knowingly discriminates
against any day laborer because that day laborer has--
            (1) made a complaint to the day laborer's employer, or to
        the Secretary or the Secretary's authorized representative,
        that the day laborer has not been paid in accordance with
        section 3(a),
            (2) caused to be instituted any proceeding under or related
        to this Act, or
            (3) testified or is about to testify in an investigation or
        proceeding under this Act,
shall be fined under title 18, United States Code.
    (b) Public Access Area.--Each day labor service agency shall
provide adequate seating in the public access area of the offices of
the agency. The public access area shall be the location for the
employment and wage notices required by this Act. The public access
area shall allow for access to restrooms and water.
    (c) Work Restriction.--No day labor service agency shall restrict
the right of a day laborer to accept a permanent position with a third
party employer to whom the day laborer has been referred for temporary
work or restrict the right of such third party employer to offer such
employment to a day laborer. Nothing in this subsection shall restrict
a day labor service agency from receiving a placement fee from the
third party employer for employing a day laborer for whom a contract
for temporary work has been effected by the day labor service agency.

SEC. 5. INJURIES.

    (a) Health Care Expenses.--If a day laborer is injured while
working, the employer who has requested the services of such day
laborer shall be responsible to pay for the health care costs
associated with the injury unless compensation is available under the
applicable State workmens' compensation law.
    (b) Transportation Liability.--A day labor service agency or a
third party employer that transports a day laborer to or from a
designated work site is liable for any injury to a day laborer arising
from any accident that occurs while the day laborer is being
transported to or from the work site.

SEC. 6. NOTIFICATION REQUIREMENTS.

    A day labor service agency shall, in the public reception area,
post a list of all employers that are seeking day laborers which shall
include the following:
            (1) The name and address of the employer and the address of
        the work site if different from that of the employer.
            (2) The type of job opportunity for day laborers.
            (3) The amount of wages to be paid per hour for the work.
            (4) Whether transportation is available, the cost of
        transportation, if any, whether the work site is accessible by
        public or personal transportation, and the approximate commute
        time to the work site. A day labor service agency shall, for
        each job opportunity posted, provide a detailed description of
        the work which shall include the following:
                    (A) A detailed description of the work to be
                performed by the day laborer, including any
                requirements for special attire, accessories, or safety
                equipment.
                    (B) Whether the day laborer will be charged for
                using special attire, accessories, or safety equipment.
                    (C) The exact address of the work site and a
                telephone number at which a day laborer can be reached
                for emergency purposes. If the location is in a rural
                area, the notice must also contain directions to the
                work site.
                    (D) The time of day the work will begin, the time
                of day the work will end, and the overtime rate of pay.
                    (E) Whether a meal is provided, either by the day
                labor service agency or the third party employer, and
                the cost of the meal, if any. The notices required to
                be posted under this section shall be written in
                English and any other language that is generally used
                in the locale of the day labor service agency.

SEC. 7. EQUITABLE EXPENSES.

    (a) Meals.--A day labor service agency or a third party employer
shall not charge a day laborer more than the actual cost of providing a
meal. In no case shall the purchase of a meal be a condition of
employment for a day laborer.
    (b) Transportation.--A day labor service agency or a third party
employer shall charge no more than the actual cost to transport a day
laborer to or from the designated work site; except that, the total
cost to each day laborer shall not exceed 3 percent of the day
laborer's daily wages. Any motor vehicle that is owned or operated by
the day labor service agency or a third party employer, or a contractor
of either, which is used for the transportation of day laborers shall
have proof of financial responsibility as provided for in applicable
State insurance laws of the area.
    (c)  Day Laborer Equipment.--For any safety equipment, clothing,
accessories, or any other items required by the nature of the work,
either by law, custom or as a requirement of the third party employer,
the day labor service agency or the third party employer may charge the
day laborer the market value of the item temporarily provided to the
day laborer by the third party employer if the day laborer fails to
return such items to the third party employer or the day labor service
agency. For any other equipment, clothing, accessories, or any other
items the day labor service agency makes available for purchase, the
day laborer shall not be charged more than the actual market value for
the item.

SEC. 8. AGENCY REGISTRATION.

    (a) In General.--A day labor service agency shall register with the
Secretary in accordance with rules adopted by the Secretary for day
labor service agencies and with State departments of labor which
require such registration.
    (b) Fees.--The Secretary may assess each day labor agency a
registration fee not exceeding $250.

SEC. 9. DEPARTMENT REQUIREMENTS AND RESPONSIBILITIES.

    (a) In General.--The Secretary shall adopt rules and regulations
necessary to implement the provisions of this Act, including provisions
for hearings and imposition of penalties for violations of this Act.
    (b) Posting Requirement.--The Secretary shall cause to be posted in
each day labor service agency a notice which informs the public of a
toll-free telephone number for day laborers and the public to file wage
dispute complaints and other alleged violations by day labor service
agencies.
    (c) Fines.--The Secretary shall have the authority to fine a day
labor service agency that fails to register with the Department of
Labor in accordance with this Act $1,000 for the first offense and
$5,000 for the second offense.
    (d) Suspensions and Revocations.--The Secretary shall have the
authority to suspend or revoke the registration of a day labor service
agency if warranted by public health and safety concerns or violations
of this Act.
    (e) Investigations.--The Secretary shall promptly investigate
complaints concerning alleged violations of this Act.

SEC. 10. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF
              LABOR DISPUTES.

    Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a))
is amended--
            (1) by striking the period at the end of paragraph (5) and
        inserting ``; or'', and
            (2) by adding at the end thereof the following new
        paragraph:
            ``(6)(i) to offer, or to grant, the status of a permanent
        replacement employee to an individual for performing bargaining
        unit work for the employer during a labor dispute, or
            ``(ii) to otherwise offer, or grant, an individual any
        employment preference based on the fact that such individual
        was employed, or indicated a willingness to be employed, during
        a labor dispute over an individual who--
                    ``(A) was an employee of the employer at the
                commencement of the dispute;
                    ``(B) has exercised the right to join, to assist,
                or to engage in other concerted activities for the
                purpose of collective bargaining or other mutual aid or
                protection through the labor organization involved in
                the dispute; and
                    ``(C) is working for, or has unconditionally
                offered to return to work for, the employer.''.

Output:
Sets forth requirements for: (1) agency payments to day laborers for excessive processing time; (2) civil damages and criminal penalties for certain employer violations; (3) itemized wage statements, annual earnings summaries, and optional payment schedules; (4) no charges for cashing wage payment checks or for overpayments; (5) nondiscrimination; (6) adequate seating, restrooms and water in waiting areas; (7) no restrictions on worker acceptance of permanent positions, but allowance placement fees paid to agencies by employers; (8) health care liability for injuries on the job or in transit; (9) agency notices, including employer lists and descriptions of jobs, wages, and other working conditions; (10) equitable expenses for day laborer meals, transportation, and equipment; (11) agency registration with the Secretary of Labor; and (12) Department of Labor enforcement of this Act.
Amends the National Labor Relations Act to make it an unfair labor practice for employers to offer and grant: (1) permanent replacement employee status or other employment preferences to individuals for performing bargaining unit work for the employer during a labor dispute; or (2) any employment preference based on an individual's being employed, or having indicated a willingness to be employed, during a labor dispute, over any employee who was there at dispute commencement, has exercised rights through the labor organization involved in the dispute, and is working for the employer, or has unconditionally offered to return to such work.