Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alcohol Tax Equalization Act''.

SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC
              EQUIVALENT OF TAXES ON DISTILLED SPIRITS.

    (a) Wine.--
            (1) Wines containing not more than 14 percent alcohol.--
        Paragraph (1) of section 5041(b) of the Internal Revenue Code
        of 1986 (relating to rates of tax on wines) is amended by
        striking ``$1.07'' and inserting ``$2.97''.
            (2) Wines containing more than 14 (but not more than 21)
        percent alcohol.--Paragraph (2) of section 5041(b) of such Code
        is amended by striking ``$1.57'' and inserting ``$4.86''.
            (3) Wines containing more than 21 (but not more than 24)
        percent alcohol.--Paragraph (3) of section 5041(b) of such Code
        is amended by striking ``$3.15'' and inserting ``$6.08''.
    (b) Beer.--
            (1) In general.--Paragraph (1) of section 5051(a) of such
        Code (relating to imposition and rate of tax on beer) is
        amended by striking ``$18'' and inserting ``$37.67''.
            (2) Small brewers.--Subparagraph (A) of section 5051(a)(2)
        of such Code (relating to reduced rate for certain domestic
        production) is amended by striking ``$7'' each place it appears
        and inserting ``$26.67''.
    (c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1995.
    (d) Floor Stocks Taxes.--
            (1) Imposition of tax.--
                    (A) In general.--In the case of any tax-increased
                article--
                            (i) on which tax was determined under part
                        I of subchapter A of chapter 51 of the Internal
                        Revenue Code of 1986 or section 7652 of such
                        Code before January 1, 1995, and
                            (ii) which is held on such date for sale by
                        any person,
                there shall be imposed a tax at the applicable rate on
                each such article.
                    (B) Applicable rate.--For purposes of clause (i),
                the applicable rate is--
                            (i) $1.90 per wine gallon in the case of
                        wine described in paragraph (1) of section
                        5041(b) of such Code,
                            (ii) $3.29 per wine gallon in the case of
                        wine described in paragraph (2) of section
                        5041(b) of such Code,
                            (iii) $2.93 per wine gallon in the case of
                        wine described in paragraph (3) of section
                        5041(b) of such Code, and
                            (iv) $19.67 per barrel in the case of beer.
                In the case of a fraction of a gallon or barrel, the
                tax imposed by subparagraph (A) shall be the same
                fraction as the amount of such tax imposed on a whole
                gallon or barrel.
                    (C) Tax-increased article.--For purposes of this
                subsection, the term ``tax-increased article'' means
                wine described in paragraph (1), (2), or (3) of section
                5041(b) of such Code and beer.
            (2) Exception for certain small wholesale or retail
        dealers.--No tax shall be imposed by subparagraph (A) on tax-
        increased articles held on January 1, 1995, by any dealer if--
                    (A) the aggregate liquid volume of tax-increased
                articles held by such dealer on such date does not
                exceed 500 wine gallons, and
                    (B) such dealer submits to the Secretary (at the
                time and in the manner required by the Secretary) such
                information as the Secretary shall require for purposes
                of this subparagraph.
            (3) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding any tax-
                increased article on January 1, 1995, to which the tax
                imposed by paragraph (1) applies shall be liable for
                such tax.
                    (B) Method of payment.--The tax imposed by
                paragraph (1) shall be paid in such manner as the
                Secretary shall prescribe by regulations.
                    (C) Time for payment.--The tax imposed by paragraph
                (1) shall be paid on or before June 30, 1995.
            (4) Controlled groups.--
                    (A) Corporations.--In the case of a controlled
                group, the 500 wine gallon amount specified in
                paragraph (2), shall be apportioned among the dealers
                who are component members of such group in such manner
                as the Secretary shall by regulations prescribe. For
                purposes of the preceding sentence, the term
                ``controlled group'' has the meaning given to such term
                by subsection (a) of section 1563 of such Code; except
                that for such purposes the phrase ``more than 50
                percent'' shall be substituted for the phrase ``at
                least 80 percent'' each place it appears in such
                subsection.
                    (B) Nonincorporated dealers under common control.--
                Under regulations prescribed by the Secretary,
                principles similar to the principles of subparagraph
                (A) shall apply to a group of dealers under common
                control where 1 or more of such dealers is not a
                corporation.
            (5) Other laws applicable.--
                    (A) In general.--All provisions of law, including
                penalties, applicable to the comparable excise tax with
                respect to any tax-increased article shall, insofar as
                applicable and not inconsistent with the provisions of
                this paragraph, apply to the floor stocks taxes imposed
                by paragraph (1) to the same extent as if such taxes
                were imposed by the comparable excise tax.
                    (B) Comparable excise tax.--For purposes of
                subparagraph (A), the term ``comparable excise tax''
                means--
                            (i) the tax imposed by section 5041 of such
                        Code in the case of wine, and
                            (ii) the tax imposed by section 5051 of
                        such Code in the case of beer.
            (6) Definitions.--For purposes of this subsection--
                    (A) In general.--Terms used in this paragraph which
                are also used in subchapter A of chapter 51 of such
                Code shall have the respective meanings such terms have
                in such part.
                    (B) Person.--The term ``person'' includes any State
                or political subdivision thereof, or any agency or
                instrumentality of a State or political subdivision
                thereof.
                    (C) Secretary.--The term ``Secretary'' means the
                Secretary of the Treasury or his delegate.

SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES.

    (a) General Rule.--Subpart E of part I of subchapter A of chapter
51 of the Internal Revenue Code of 1986 is amended by inserting before
section 5061 the following new section:

``SEC. 5060. INDEXATION OF RATES.

    ``(a) General Rule.--Effective during each calendar year after
1995, each tax rate set forth in subsection (b) shall be increased by
an amount equal to--
            ``(1) such rate as in effect without regard to this
        section, multiplied by
            ``(2) the cost-of-living adjustment for such calendar year
        determined under section 1(f)(3) by substituting `calendar year
        1994' for `calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of 1 cent.
    ``(b) Tax Rates.--The tax rates set forth in this subsection are
the rates contained in the following provisions:
            ``(1) Paragraphs (1) and (3) of section 5001(a).
            ``(2) Paragraphs (1), (2), (3), (4), and (5) of section
        4041(b).
            ``(3) Paragraphs (1) and (2)(A) of section 5051(a).''
    (b) Technical Amendment.--Paragraphs (1)(A) and (2) of section
5010(a) are each amended by striking ``$13.50'' and inserting ``the
rate in effect under section 5001(a)(1)''.
    (c) Clerical Amendment.--The table of sections for subpart E of
part I of subchapter A of chapter 51 of such Code is amended by
inserting before the item relating to section 5061 the following new
item:

                              ``Sec. 5060. Indexation of rates.''

SEC. 4. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.

    (a) General Rule.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to establishment of trust funds) is
amended by adding at the end thereof the following new section:

``SEC. 9512. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Mental Health and
Substance Abuse Benefits Trust Fund', consisting of such amounts as may
be appropriated or credited to such Trust Fund as provided in this
section or section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Mental Health and Substance Abuse Benefits Trust Fund amounts
equivalent to the additional taxes received in the Treasury under
chapter 51 by reason of the amendments made by sections 2 and 3 of the
Alcohol Tax Equalization Act.
    ``(c) Expenditures From Trust Fund.--Amounts in the Mental Health
and Substance Abuse Benefits Trust Fund shall be available, as provided
in appropriation Acts, for purposes of providing mental health and
substance abuse benefits under health care reform legislation hereafter
enacted.''
    (b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 is amended by adding at the end thereof the following new
item:

                              ``Sec. 9512. Mental health and substance
                                        abuse benefits trust fund.''

Output:
Alcohol Tax Equalization Act - Amends the Internal Revenue Code to increase the excise taxes on wine and beer to the alcoholic equivalent of taxes on distilled spirits.  Indexes such tax rates based on the cost-of-living adjustment for calendar year 1994.
Establishes the Mental Health and Substance Abuse Benefits Trust Fund.  Appropriates amounts received under this Act to such Fund.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Media Protection Act of
1995''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On average, a child in the United States is exposed to
        27 hours of television each week, and some children are exposed
        to as much as 11 hours of television each day.
            (2) The average American child watches 8,000 murders and
        100,000 acts of other violence on television by the time the
        child completes elementary school.
            (3) By the age of 18 years, the average American teenager
        has watched 200,000 acts of violence on television, including
        40,000 murders.
            (4) The Times Mirror Center reports that a recent poll of
        Americans indicates that 72 percent of the American people
        believe that there is too much violence on television, and,
        according to a survey by U.S. News and World Report dated May
        1994, 91 percent of American voters believe that mayhem in the
        media contributes to violence in real life.
            (5) On several occasions since 1975, The Journal of the
        American Medical Association has alerted the medical community
        to the adverse effects of televised violence on child
        development, including an increase in the level of aggressive
        behavior and violent behavior among children who view it.
            (6) The National Commission on Children recommended in 1991
        that producers of television programs exercise greater
        restraint in the content of programming for children.
            (7) A report of the Harry Frank Guggenheim Foundation,
        dated May 1993, indicates that there is an irrefutable
        connection between the amount of violence depicted in the
        television programs watched by children and increased
        aggressive behavior among children.
            (8) It is in the national interest that parents be
        empowered with the technology to block the viewing of
        television programs that are clearly inappropriate for children
        because of their sexual, violent, or indecent content.
            (9) Technology currently exists to permit the manufacture
        of television receivers that are capable of permitting parents
        to block such television programs.

SEC. 3. ESTABLISHMENT OF TELEVISION RATING CODE.

    Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is
amended by adding at the end the following:
    ``(v) Prescribe--
            ``(1) on the basis of recommendations from an advisory
        committee established by the Commission that is composed of
        television broadcasters, television programming producers,
        cable operators, appropriate public interest groups, and other
        interested individuals from the private sector and that is
        fairly balanced in terms of the points of view represented and
        the functions to be performed by the committee, rules to
        identify and rate sexual, violent, and indecent television
        programming that is clearly inappropriate for children, and
            ``(2) rules for the transmission by distributors of
        television programming of signals that contain an
        identification of the rating (pursuant to the rules prescribed
        under paragraph (1)) of the programming being distributed and
        that permit television viewers to block sexual, violent, and
        indecent television programming that is clearly inappropriate
        for children.''.

SEC. 4. REQUIREMENT FOR MANUFACTURE OF TELEVISIONS THAT BLOCK PROGRAMS.

    Section 303 of the Communications Act of 1934 (47 U.S.C. 303), as
amended by section 3, is further amended by adding at the end the
following:
    ``(w) Require, in the case of apparatus designed to receive
television signals that are manufactured in the United States or
imported for use in the United States and that have a picture screen 13
inches or greater in size (measured diagonally), that such apparatus--
            ``(1) be equipped with circuitry designed to enable viewers
        to block the display of channels, programs, and time slots; and
            ``(2) enable viewers to block display of all programs with
        a common rating.''.

SEC. 5. SHIPPING OR IMPORTING OF TELEVISIONS THAT BLOCK PROGRAMS.

    (a) Regulations.--Section 330 of the Communications Act of 1934 (47
U.S.C. 330) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by adding after subsection (b) the following new
        subsection (c):
    ``(c)(1) Except as provided in paragraph (2), no person shall ship
in interstate commerce, manufacture, assemble, or import from any
foreign country into the United States any apparatus described in
section 303(w) of this Act except in accordance with rules prescribed
by the Commission pursuant to the authority granted by that section.
    ``(2) This subsection shall not apply to carriers transporting
apparatus referred to in paragraph (1) without trading it.
    ``(3) The rules prescribed by the Commission under this subsection
shall provide performance standards for blocking technology. Such rules
shall require that all such apparatus be able to receive the rating
signals which have been transmitted by way of line 21 of the vertical
blanking interval and which conform to the signal and blocking
specifications established by the Commission.
    ``(4) As new video technology is developed, the Commission shall
take such action as the Commission determines appropriate to ensure
that blocking service continues to be available to consumers.''.
    (b) Conforming Amendment.--Section 330(d) of such Act, as
redesignated by subsection (a)(1), is amended by striking ``section
303(s), and section 303(u)'' and inserting in lieu thereof ``and
sections 303(s), 303(u), and 303(w)''.

SEC. 6. ELIMINATION OF TELEVISION PROGRAMMING THAT IS INAPPROPRIATE FOR
              CHILDREN DURING CERTAIN HOURS.

    Title I of the Children's Television Act of 1990 (47 U.S.C. 303a et
seq.) is amended by adding at the end the following:

    ``prohibition on programming that is inappropriate for children

    ``Sec. 105. (a) The Commission shall, within 30 days of the date of
the enactment of this Act, initiate a rule-making proceeding to
prescribe a prohibition on the broadcast on commercial television and
by public telecommunications entities, including the broadcast by cable
operators, from the hours of 6 a.m. to 9 p.m., inclusive, of
programming that contains sexual, violent, and indecent television
programming that is clearly inappropriate for children.
    ``(b) As used in this section:
            ``(1) The term `cable operator' has the meaning given such
        term in section 602 of the Communications Act of 1934 (47
        U.S.C. 522).
            ``(2) The term `programming' includes advertisements but
        does not include bona fide newscasts, bona fide news
        interviews, bona fide news documentaries, and on-the-spot
        coverage of bona fide news events.
            ``(3) The term `public telecommunications entity' has the
        meaning given such term in section 397(12) of the
        Communications Act of 1934 (47 U.S.C. 397(12)).''.

SEC. 7. BROADCAST ON TELEVISION AND CABLE OF EDUCATIONAL AND
              INFORMATIONAL PROGRAMMING FOR CHILDREN.

    (a) Broadcast Television.--Section 309 of the Communications Act of
1934 (47 U.S.C. 309) is amended by adding at the end the following:
    ``(k) Educational and Information Programming for Children.--In
granting an application for a license for a television broadcasting
station (including an application for renewal of such a license), the
Commission shall impose such conditions upon the applicant as the
Commission requires in order to ensure that the applicant complies
under the license with the standards for children's television
programming established under section 102 of the Children's Television
Act of 1990 (47 U.S.C. 303a) and otherwise serves the educational and
informational needs of children through its overall programming.''.
    (b) Cable Service.--Part III of title VI of the Communications Act
of 1934 (47 U.S.C. 541 et seq.) is amended by adding at the end the
following:

``SEC. 629. EDUCATIONAL AND INFORMATION PROGRAMMING FOR CHILDREN

    ``Sec. 629. A franchise, including the renewal of a franchise, may
not be awarded under this part unless the cable operator to be awarded
the franchise agrees to comply with the standards for children's
television programming established under section 102 of the Children's
Television Act of 1990 (47 U.S.C. 303a) and to otherwise serve the
educational and informational needs of children in the provision of
cable service under the franchise.''.

Output:
Children's Media Protection Act of 1995 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to:  (1) prescribe rules to identify and rate sexual, violent, and indecent television programming that is clearly inappropriate for children; (2) prescribe rules for the transmission by television programming distributors of signals that identify the programming rating and permit viewers to block such inappropriate programming; and (3) require television sets with picture screens of 13 inches or greater to be equipped with blocking circuitry and enable viewers to block display of all programs with a common rating. Prohibits any person from shipping, manufacturing, assembling, or importing any television not so equipped.  Requires performance standards for blocking technology.
(Sec. 6) Directs the FCC to initiate a rulemaking proceeding to prescribe a prohibition on the broadcast on commercial television and any public telecommunications entities between 6 o'clock a.m. and 9 o'clock p.m. of such inappropriate programming.
(Sec. 7) Directs the FCC, in granting an application for a television broadcast license, to impose conditions which ensure that the applicant complies with the standards for children's television programming as established under the Children's Television Act of 1990 and otherwise serves the educational and informational needs of children through its overall programming.  Prohibits a cable franchise award or renewal unless the cable operator complies with such standards.


Input:
SECTION 1. PROGRAM TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO
              ENHANCE HOMELAND SECURITY.

    (a) Establishment of Program.--The Office of Federal Procurement
Policy Act (41 U.S.C. et seq.) is amended by adding at the end the
following new section:

``SEC. 40. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE
              HOMELAND SECURITY.

    ``(a) Establishment of Program.--The Administrator shall establish
and promote a Governmentwide program to encourage and recognize
contractor innovation and excellence in facilitating the defense of the
United States against, or recovery from, terrorism or nuclear,
biological, chemical, or radiological attack.
    ``(b) Issuance of Agency Announcements Seeking Innovative
Solutions.--Under the program, the Administrator, in consultation with
the Director of the Office of Homeland Security, the Associate Director
for Information Technology and E-Government of the Office of Management
and Budget, and the Secretaries of Defense, Energy, Commerce,
Transportation, and the Treasury, shall issue agency announcements
seeking unique and innovative solutions to advance the defense of the
United States against, or recovery from, terrorism or nuclear,
biological, chemical, or radiological attack.
    ``(c) Multiagency Technical Assistance Team.--(1) The
Administrator, in consultation with the individuals described in
subsection (b), shall convene a multiagency technical assistance team
to assist in screening proposals submitted to the Administrator to
provide unique and innovative solutions to advance the defense of the
United States against, or recovery from, terrorism or nuclear,
biological, chemical, or radiological attack. The team shall be
composed of employees of the participating agencies who have expertise
in scientific and technical disciplines that would facilitate the
assessment of the feasibility of the proposals.
    ``(2) The technical assistance team shall--
            ``(A) assess the feasibility, scientific and technical
        merits, and estimated cost of each proposal; and
            ``(B) submit each proposal, and the assessment of the
        proposal, to each executive agency whose mission most coincides
        with the subject matter of the proposal.
    ``(3) The technical assistance team shall not consider or evaluate
proposals submitted in response to a solicitation for offers for a
pending procurement or for a specific agency requirement.
    ``(d) Monetary Awards for Innovative Solutions.--(1) Under the
program carried out under this section, the Administrator shall provide
monetary awards in recognition of unique and innovative solutions with
the potential to significantly advance the defense of the United States
against, or recovery from, terrorism or nuclear, biological, chemical,
or radiological attack.
    ``(2) The Administrator shall use a competitive process to select
recipients of monetary awards under this subsection which shall include
the widely advertised solicitation (including the agency announcements
described in subsection (b)) of descriptive submissions on technology
developments and prototypes, the substance of which are not otherwise
available to the United States. The Administrator shall work with the
multiagency technical assistance team described in subsection (c) in
carrying out the competitive selection process.
    ``(3) An award made under this subsection may not exceed $20,000.
The total amount of awards made under this subsection in a fiscal year
may not exceed $500,000.
    ``(4) At least one quarter of the total amount awarded under this
subsection during a fiscal year shall be awarded to small business
concerns, within the meaning of such term as used in the Small Business
Act (15 U.S.C. 632 et seq.).''.
    (b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by adding at the end the following new item:

``Sec. 40. Program to encourage innovative solutions to enhance
                            homeland security.''.

SEC. 2. PILOT PROGRAM TO ENCOURAGE INNOVATIVE COMMERCIAL SOLUTIONS.

    (a) Pilot Program.--The Administrator of the Office of Federal
Procurement Policy shall, in consultation with the Assistant to the
President for Homeland Security, establish a pilot program under which
the Secretaries of Defense, Energy, Commerce, Transportation, and the
Treasury may--
            (1) test the innovative use of streamlined acquisition
        authorities and procedures authorized by law, with emphasis on
        provisions authorizing the rapid acquisition of goods and
        services; and
            (2) test the feasibility of rapidly entering into contracts
        with private entities to carry out immediate solutions to key
        homeland security needs using, to the maximum extent
        practicable, commercial, off-the-shelf items and commercially
        available services.
    (b) Use of Streamlined Acquisition Authorities.--Under the pilot
program, the head of an executive agency referred to in subsection (a)
shall, if appropriate, use streamlined acquisition authorities and
procedures authorized by law, including authorities and procedures that
are provided under the following provisions:
            (1) In title III of the Federal Property and Administrative
        Services Act of 1949:
                    (A) Paragraphs (1), (2), (6), and (7) of subsection
                (c) of section 303 (41 U.S.C. 253), relating to use of
                procedures other than competitive procedures under
                certain circumstances (subject to subsection (e) of
                such section).
                    (B) Section 303J (41 U.S.C. 253j), relating to
                orders under task and delivery order contracts.
            (2) In chapter 137 of title 10, United States Code:
                    (A) Paragraphs (1), (2), (6), and (7) of subsection
                (c) of section 2304, relating to use of procedures
                other than competitive procedures under certain
                circumstances (subject to subsection (e) of such
                section).
                    (B) Section 2304c, relating to orders under task
                and delivery order contracts.
            (3) Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of
        the Office of Federal Procurement Policy Act (41 U.S.C.
        416(c)), relating to inapplicability of a requirement for
        procurement notice.
    (c) Waiver of Requirements.--(1) To carry out the pilot program
under this section, the head of an agency may waive--
            (A) any provision of the Federal Acquisition Regulation
        that is not required by statute; and
            (B) any provision of the Federal Acquisition Regulation
        that is required by a provision of law described in paragraph
        (2), the waiver of which the head of the agency determines in
        writing to be necessary to carry out the pilot program.
    (2) The provisions of law referred to in paragraph (1) are as
follows:
            (A) Section 18 of the Office of Federal Procurement Policy
        Act (41 U.S.C. 416).
            (B) Subsections (e), (f), and (g) of section 8 of the Small
        Business Act (15 U.S.C. 637).
    (d) Limitations.--(1) The head of an agency authorized to
participate in the pilot program may carry out not more than one
project under the program and may enter into not more than three
contracts to carry out the project.
    (2) A project carried out under this section shall be approved by
the Administrator in consultation with the Assistant to the President
for Homeland Security and the multiagency technical assistance team
established under section 40(c) of the Office of Federal Procurement
Policy Act (as added by section 1).
    (e) Criteria for Evaluating Results.--The head of an agency
participating in the pilot program under this section shall establish
measurable mission-related criteria for evaluating the results of a
project under the program. Such agency head shall, as soon as
practicable after the completion of the project, report to the
Administrator on the lessons learned from the project. The
Administrator shall share the results of, and reports on, all the
projects carried out under this section with the heads of other
agencies that carry out responsibilities with respect to homeland
security.
    (f) Prohibition Against Discrimination Against Small Business
Concerns.--This section shall be applied in a manner that does not
discriminate against small business concerns (within the meaning of
such term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or
any type of small business concern.

Output: Amends the Office of Federal Procurement Policy Act to direct the Administrator for Federal Procurement Policy to establish a Government-wide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack.Requires the Administrator to: (1) issue agency announcements seeking innovative solutions to advance defense against or recovery from such an attack; (2) convene a multiagency technical assistance team to assess feasibility, scientific and technical merits, and estimated costs and submit each proposal to each executive agency whose mission most coincides with the proposal's subject matter; and (3) provide monetary awards in recognition of unique and innovative solutions.Directs the Administrator to establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may test: (1) the innovative use of streamlined acquisition authorities and procedures; and (2) the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using commercial, off-the-shelf items and commercially available services.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fighting Medicare Payment Fraud Act
of 2009''.

SEC. 2. EXTENSION OF NUMBER OF DAYS IN WHICH MEDICARE CLAIMS ARE
              REQUIRED TO BE PAID IN ORDER TO PREVENT OR COMBAT FRAUD,
              WASTE, OR ABUSE.

    (a) Part A Claims.--Section 1816(c)(2) of the Social Security Act
(42 U.S.C. 1395h(c)(2)) is amended--
            (1) in subparagraph (B)(ii)(V), by striking ``with
        respect'' and inserting ``subject to subparagraph (D), with
        respect''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D)(i) Upon a determination by the Secretary that
                there is a likelihood of fraud, waste, or abuse
                involving a particular category of providers of
                services or suppliers, categories of providers of
                services or suppliers in a certain geographic area, or
                individual providers of services or suppliers, the
                Secretary shall extend the number of calendar days
                described in subparagraph (B)(ii)(V) to--
                            ``(I) up to 365 calendar days with respect
                        to claims submitted by--
                                    ``(aa) categories of providers of
                                services or suppliers; or
                                    ``(bb) categories of providers of
                                services or suppliers in a certain
                                geographic area; or
                            ``(II) such time that the Secretary
                        determines is necessary to ensure that the
                        claims with respect to individual providers of
                        services or suppliers are clean claims.
                    ``(ii) During the extended period of time under
                subclauses (I) and (II) of clause (ii), the Secretary
                shall engage in heightened scrutiny of claims, such as
                prepayment review and other methods the Secretary
                determines to be appropriate.
                    ``(iii) Not later than 90 days after the date of
                enactment of this subparagraph and not less than
                annually thereafter, the Inspector General of the
                Department of Health and Human Services shall submit to
                the Secretary a report containing recommendations with
                respect to the application of this subparagraph and
                section 1842(c)(2)(D). Not later than 60 days after
                receiving such a report, the Secretary shall submit to
                the Inspector General a written response to the
                recommendations contained in the report.
                    ``(iv) There shall be no administrative or judicial
                review under section 1869, section 1878, or otherwise
                of the implementation of this subparagraph by the
                Secretary.''.
    (b) Part B Claims.--Section 1842(c)(2) of the Social Security Act
(42 U.S.C. 1395u(c)(2)) is amended--
            (1) in subparagraph (B)(ii)(V), by striking ``with
        respect'' and inserting ``subject to subparagraph (D), with
        respect''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D)(i) Upon a determination by the Secretary that
                there is a likelihood of fraud, waste, or abuse
                involving a particular category of providers of
                services or suppliers, categories of providers of
                services or suppliers in a certain geographic area, or
                individual providers of services or suppliers, the
                Secretary shall extend the number of calendar days
                described in subparagraph (B)(ii)(V) to--
                            ``(I) up to 365 calendar days with respect
                        to claims submitted by--
                                    ``(aa) categories of providers of
                                services or suppliers; or
                                    ``(bb) categories of providers of
                                services or suppliers in a certain
                                geographic area; or
                            ``(II) such time that the Secretary
                        determines is necessary to ensure that the
                        claims with respect to individual providers of
                        services or suppliers are clean claims.
                    ``(ii) During the extended period of time under
                subclauses (I) and (II) of clause (ii), the Secretary
                shall engage in heightened scrutiny of claims, such as
                prepayment review and other methods the Secretary
                determines to be appropriate.
                    ``(iii) There shall be no administrative or
                judicial review under section 1869, section 1878, or
                otherwise of the implementation of this subparagraph by
                the Secretary.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall
        take effect on the day that is 6 months after the date of the
        enactment of this Act.
            (2) Expediting implementation.--The Secretary shall
        promulgate regulations to carry out the amendments made by this
        section which may be effective and final immediately on an
        interim basis as of the date of publication of the interim
        final regulation. If the Secretary provides for an interim
        final regulation, the Secretary shall provide for a period of
        public comment on such regulation after the date of
        publication. The Secretary may change or revise such regulation
        after completion of the period of public comment.

Output:
Fighting Medicare Payment Fraud Act of 2009 - Amends title XVIII (Medicare) to require the Secretary of Health and Human Services (HHS) to extend to up to 365 calendar days for particular categories of service providers or suppliers the number of days in which Medicare claims are required to be paid in order to ensure that they are clean claims.

Limits such extension to categories of service providers or suppliers, such categories in a certain geographic area, or individual service providers or suppliers about which the Secretary has determined that there is a likelihood of fraud, waste, or abuse involving them.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vaccine Accessibility for Children
and Seniors Act of 2005'' or the ``VACS Act of 2005''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--The Congress finds as follows:
            (1) Vaccines represent one of the most significant public
        health advances in history. They have saved millions of lives
        and prevented millions of disabilities.
            (2) Vaccines are now available for preventing once common
        childhood diseases, such as polio, chicken pox, and measles,
        and for preventing diseases responsible for high rates of
        sickness and death among adults, including influenza,
        pneumonia, and hepatitis.
            (3) Vaccines reduce future medical costs and prevent the
        need for more expensive drugs. Vaccines not only provide a
        health benefit to the individual receiving the vaccine, they
        benefit others in the community by reducing their chances of
        exposure to a disease.
            (4) The threat of litigation, coupled with the high cost of
        manufacturing a vaccine, has forced many manufacturers to limit
        or cease production of life-saving vaccines.
            (5) In 1967, there were 26 companies in the United States
        making these vital vaccines. A litigation crisis in the 1980's
        drove many companies away from the vaccine business. Today,
        there are only 4 companies that make the vast majority of
        vaccines used in the United States, making the system fragile
        and limiting access to vaccines.
            (6) In October 2004, the Secretary of Health and Human
        Services announced a flu vaccine shortage in the United States.
        The Secretary indicated that the souring of the vaccine
        manufacturing marketplace was due, in part, to ``costly
        liability lawsuits''.
            (7) The Congress intervened in 1986 by creating a no-fault
        compensation system called the National Vaccine Injury
        Compensation Program, which was intended to lower the legal
        risk to vaccine manufacturers, encourage a stable supply of
        vaccine, and ensure that injured patients are rapidly and
        appropriately compensated.
            (8) Under the National Vaccine Injury Compensation Program,
        individuals who believe they have been injured by a vaccine may
        file a claim in the United States Court of Federal Claims. If
        found eligible, they can receive unlimited economic damages for
        medical expenses, rehabilitation expenses, and lost earnings,
        as well as pain and suffering damages subject to a $250,000
        cap. Over 1,800 claims have been paid totaling over
        $1,500,000,000 for vaccine-related injuries and complications
        under the National Vaccine Injury Compensation Program, with
        many awards amounting to more than $1,000,000 each, and some as
        high as $7,500,000.
            (9) Notwithstanding the intent of the National Vaccine
        Injury Compensation Program, vaccine companies still face
        significant and expensive litigation exposure, in part,
        because--
                    (A) the National Vaccine Injury Compensation
                Program allows all individuals to ``opt out'' of this
                system and pursue individual and class action lawsuits
                in State and Federal courts;
                    (B) trial attorneys continually seek to bypass the
                the Program and elect to go to trial by alleging that a
                particular vaccine is not covered under the Program, or
                that the Program does not apply to certain
                preservatives, components, or ingredients of any such
                vaccine; and
                    (C) the Program does not preclude an individual who
                is otherwise ineligible to file a claim under the
                Program (such as family members of injured individuals)
                from pursuing civil litigation.
            (10) To ensure that litigation involving federally approved
        vaccines is based on valid scientific evidence and does not
        undermine the Federal public health policy of creating and
        developing life saving vaccines, it is imperative that any
        litigation involving vaccines, and related preservatives,
        ingredients, and components, that takes place outside of the
        National Vaccine Injury Compensation Program shall take place
        exclusively in the district courts of the United States, where
        all procedures and expert testimony shall be subject to the
        rules and requirements set forth by the United States Supreme
        Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S.
        579, 113 S.Ct. 2786 (1993).
            (11) To ensure that injured patients with legitimate claims
        are more rapidly and fairly compensated by the National Vaccine
        Injury Compensation Program in a less adversarial manner so as
        to avoid the need for traditional civil litigation, it is
        imperative that the Secretary of Health and Human Services and
        the Attorney General of the United States, in consultation with
        the Advisory Commission on Childhood Vaccines, jointly study
        and submit a report to the Congress within one year regarding
        their recommendations.
    (b) Purposes.--The purposes of this Act are to--
            (1) establish reasonable legal reforms that will facilitate
        the manufacture of vital, life-saving vaccines;
            (2) establish certain legal rules and procedures to better
        assure that litigation involving federally approved vaccines is
        based on valid scientific evidence;
            (3) discourage frivolous litigation; and
            (4) ensure that injured patients are rapidly and fairly
        compensated in the appropriate forum.

SEC. 3. FEDERAL COURT REMEDY.

    Section 2122 of the Public Health Service Act (42 U.S.C 300aa-22)
is amended by striking subsection (a) and inserting the following:
    ``(a) Federal Cause of Action.--
            ``(1) In general.--There shall exist a Federal cause of
        action for claims arising from a vaccine-related injury or
        death associated with the administration of a vaccine after
        October 1, 1988. The substantive law for decision in any such
        action shall be derived from this section and, unless
        inconsistent with or preempted by Federal law, from the law,
        including choice of law principles, of the State in which such
        vaccine was administered. Except for a proceeding for
        compensation under the National Vaccine Injury Compensation
        Program, the cause of action established by this paragraph
        shall constitute the exclusive cause of action or remedy for
        any vaccine-related injury or death associated with the
        administration of a vaccine after October 1, 1988, including
        any related injury or loss sustained by any person (including
        any relative or other third party).
            ``(2) Jurisdiction.--Except for a proceeding in the United
        States Court of Federal Claims pursuant to section 2112, the
        district courts of the United States shall have original and
        exclusive jurisdiction over all actions for damages arising
        from a vaccine-related injury or death associated with the
        administration of a vaccine after October 1, 1988, including
        any related injury or loss sustained by any person (including
        any relative or other third party). If any civil action subject
        to this section is brought or is pending in a State court, and
        the action is not dismissed by the State court, the action may
        be removed at any time before final judgment by any defendant
        to the district court of the United States for the district and
        division embracing the place where such action is pending. An
        order remanding an action removed pursuant to this subsection
        is an appealable order. Except as provided herein, the removal
        of any such action shall proceed in accordance with sections
        1446 through 1451 of title 28, United States Code.
            ``(3) State actions.--All State causes of action for
        damages arising from, or equitable relief relating to, a
        vaccine-related injury or death associated with a vaccine
        administered after October 1, 1988, including for any related
        injury or loss sustained by any person (including any relative
        or other third party) are hereby preempted.
            ``(4) Vaccine defined.--For purposes of this section, the
        term `vaccine' includes any preservative, ingredient, or
        component of a vaccine.''.

SEC. 4. SANCTIONS FOR FRIVOLOUS VACCINE LITIGATION; 3-STRIKES RULE FOR
              SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE RULE 11
              VIOLATIONS.

    (a) Mandatory Suspension.--Whenever a district court of the United
States in connection with an action for damages arising from a vaccine-
related injury or death associated with a vaccine administered after
October 1, 1988 (in this section referred to as a ``vaccine suit''),
determines that an attorney has violated Rule 11 of the Federal Rules
of Civil Procedure, the court shall determine the number of times that
the attorney has violated that rule in connection with a vaccine suit
in that district court during that attorney's career. If the court
determines that the number is 3 or more, the district court of the
United States--
            (1) shall suspend that attorney from the practice of law in
        that district court for 1 year; and
            (2) may suspend that attorney from the practice of law in
        that district court for any additional period that the court
        considers appropriate.
    (b) Appeal; Stay.--An attorney has the right to appeal a suspension
under subsection (a). While such an appeal is pending, the suspension
shall be stayed.
    (c) Reinstatement.--To be reinstated to the practice of law in a
district court of the United States after completion of a suspension
under subsection (a), the attorney must first petition the court for
reinstatement under such procedures and conditions as the court may
prescribe.

SEC. 5. TRIAL PROCEDURE.

    (a) In General.--Section 2123 of the Public Health Service Act (42
U.S.C. 300aa-23) is amended--
            (1) in subsection (a)--
                    (A) by striking ``three'' and inserting ``four'';
                and
                    (B) by inserting ``, including any related injury
                or loss sustained by any person (including any relative
                or other third party),'' after ``the effective date of
                this part'';
            (2) by redesignating subsections (b), (c), (d) and (e) as
        subsections (c), (d), (e) and (f);
            (3) by inserting after subsection (a) the following:
    ``(b) Causation in Fact.--The first stage of such civil action
shall be held to determine whether competent and reliable scientific
evidence demonstrates that the plaintiff's alleged vaccine-related
injury or death was caused in fact by the vaccine.'';
            (4) in subsection (c) (as so redesignated), by striking
        ``The first'' and inserting ``If the trier of fact finds that
        the alleged vaccine-related injury or death was caused in fact
        by the vaccine, a second'';
            (5) in subsection (d) (as so redesignated), by striking
        ``second'' and inserting ``third''; and
            (6) in subsection (e) (as so redesignated), by striking
        ``third'' and inserting ``fourth''.
    (b) Conforming Amendment.--Subparagraph (A) of section 2122(b)(2)
of the Public Health Service Act (42 U.S.C. 300aa-22) is amended by
striking ``2123(d)(2)'' and inserting ``2123(e)(2)''.

SEC. 6. TRANSITION RULES.

    (a) Notice.--If on the date of the enactment of this Act, any State
law claim for damages arising from, or equitable relief relating to, a
vaccine-related injury or death associated with a vaccine administered
after October 1, 1988, including any related injury or loss sustained
by any person (including any relative or other third party), is pending
in any State or Federal court prior to the entry of final judgment, the
plaintiff may, within 30 days of such date of enactment, file a notice
with the court in which the claim is pending electing to treat the
State law claim as a Federal law claim arising under section 2122 of
the Public Health Service Act, as amended by section 3, and subject to
the amendments made by this Act.
    (b) Failure to File Notice.--If no notice is filed for a claim
described in subsection (a) within the 30-day period described in such
subsection, and the claim is pending in State court, the claim shall be
dismissed with prejudice.
    (c) Notice Filed.--If a notice is filed for a claim described in
subsection (a) within such 30-day period described in such subsection,
and the claim is pending in State court prior to the entry of final
judgment, any plaintiff or defendant may remove the action to the
district court of the United States for the district and division
embracing the place where such action is pending by filing a notice of
removal signed pursuant to Rule 11 of the Federal Rules of Civil
Procedure and containing a short and plain statement of the grounds for
removal, together with a copy of all process, pleadings, and orders
served or previously filed in such action. Promptly after the filing of
such notice of removal, the removing party shall give written notice
thereof to all other parties and shall file a copy of the notice with
the clerk of such State court, which shall effect the removal, and the
State court shall proceed no further unless the case is remanded. An
order remanding an action removed pursuant to this subsection is an
appealable order. Except as provided herein, the removal of any such
action shall proceed in accordance with sections 1446 through 1451 of
title 28, United States Code. If a case is not properly removed within
40 days of the date of the enactment of this Act, any claim subject to
subsection (a) that remains pending in State court or that is remanded
to State court shall be promptly dismissed with prejudice.

SEC. 7. STUDY AND REPORT.

    (a) Findings.--The Congress finds as follows:
            (1) The Congress intended the National Vaccine Injury
        Compensation Program to be a flexible, no-fault, less
        adversarial system to handle claims in a quick, easy, and
        generous manner so as to avoid the need the for civil
        litigation, and to avoid the rancor and substantial delays
        often associated with traditional litigation.
            (2) Although the National Vaccine Injury Compensation
        Program maintains it has an excellent record of promptly and
        appropriately compensating valid claims, recent reports of some
        individuals seeking compensation under the Program allege that
        some legitimate claims have taken 5 to 10 years to resolve, the
        process has become more adversarial, the Program has made
        claims harder to prove, and the process has drifted toward
        full-blown litigation and away from Congress' intent as a
        positive alternative to tort litigation.
    (b) Study.--After considering the findings in subsection (a), and
after consulting with the Advisory Commission on Childhood Vaccines,
the Secretary of Health and Human Services and the Attorney General of
the United States shall, not later than 1 year after the date of the
enactment of this Act, jointly submit a report to the appropriate
committees of the Congress concerning their recommendations to ensure
that injured patients with legitimate claims are rapidly and
appropriately compensated in a less adversarial manner.

Output:
Vaccine Accessibility for Children and Seniors Act of 2005 or the VACS Act of 2005 - Establishes an exclusive Federal cause of action for claims arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, except for a compensation proceeding under the National Vaccine Injury Compensation Program (the Program). Preempts all State actions for damages arising from such an injury or death.

Defines "vaccine" to include any preservative, ingredient, or component of a vaccine.

Requires a district court to suspend an attorney from the practice of law in such court for one year if the attorney has violated the Federal Rules of Civil Procedure requiring the attorney to certify the validity of claims filed in connection with a vaccine suit three times during that attorney's career. Allows the court to suspend the attorney for any additional period that the court considers appropriate.

Amends Federal vaccine civil trial procedures to insert a new first stage to determine whether competent and reliable scientific evidence demonstrates that the plaintiff's alleged vaccine-related injury or death was caused in fact by the vaccine.

Requires the dismissal with prejudice or removal to a Federal court of all pending State vaccine cases.

Requires the Secretary of Health and Human Services and the Attorney General to jointly submit a report to Congress concerning recommendations to ensure that injured patients with legitimate claims are rapidly and appropriately compensated through the Program in a less adversarial manner.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Integrated Public Alert and Warning
System Modernization Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) numerous technologies exist to enable the Federal
        Government to vastly enhance its public alert and warning
        system;
            (2) the potential benefits of these enhancements include--
                    (A) greater security, survivability, and redundancy
                of the system;
                    (B) an improved ability to notify remote locations;
                    (C) the ability to geographically target and
                deliver alerts and warnings to multiple devices; and
                    (D) the ability to allow individuals to request
                specific alerts and warnings;
            (3) a modern, integrated public alert and warning system
        will better enable government officials to provide civilian
        populations with timely and effective warnings of disasters,
        such as the devastating tornados and floods in the Midwest in
        2008; and
            (4) the Federal Government should modernize its alert and
        warning system to improve its ability to alert the residents of
        the United States of all potential hazards under all
        conditions.

SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.

    (a) In General.--Section 202 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5132) is amended by
adding at the end the following:
    ``(e) Integrated Public Alert and Warning System Modernization.--
            ``(1) In general.--In order to provide timely and effective
        disaster warnings under this section, the President, acting
        through the Director of the Federal Emergency Management
        Agency, shall--
                    ``(A) modernize the integrated public alert and
                warning system of the United States (in this section
                referred to as the `public alert and warning system')
                to ensure that the President under all conditions can
                alert and warn governmental authorities and the
                civilian population in areas endangered by disasters;
                and
                    ``(B) implement the public alert and warning
                system.
            ``(2) Implementation requirements.--In carrying out
        paragraph (1), the Director shall--
                    ``(A) assign to the National Continuity Programs
                Directorate, or its successor, responsibility for
                advising the Director on the modernization and
                implementation of the public alert and warning system;
                    ``(B) establish or adopt, as appropriate, common
                alerting and warning protocols, standards, terminology,
                and operating procedures for the public alert and
                warning system;
                    ``(C) include in the public alert and warning
                system the capability to adapt the distribution and
                content of communications on the basis of geographic
                location, risks, or personal user preferences, as
                appropriate;
                    ``(D) include in the public alert and warning
                system the capability to alert and warn individuals
                with disabilities and individuals with limited English
                proficiency; and
                    ``(E) ensure the conduct of training, tests, and
                exercises for the public alert and warning system.
            ``(3) System requirements.--The public alert and warning
        system shall--
                    ``(A) incorporate multiple communications
                technologies;
                    ``(B) be designed to adapt to, and incorporate,
                future technologies for communicating directly with the
                public;
                    ``(C) be designed to provide alerts to the largest
                portion of the affected population feasible and improve
                the ability of remote areas to receive alerts;
                    ``(D) promote local and regional public and private
                partnerships to enhance community preparedness and
                response; and
                    ``(E) provide redundant alert mechanisms where
                practicable so as to reach the greatest number of
                people regardless of whether they have access to, or
                utilize, any specific medium of communication or any
                particular device.
            ``(4) Pilot programs.--
                    ``(A) In general.--The Director shall conduct pilot
                programs for the purpose of demonstrating the
                feasibility of using a variety of methods for achieving
                the system requirements specified in paragraph (3).
                    ``(B) Report.--Not later than 6 months after the
                date of enactment of this subsection, and annually
                thereafter for the duration of the pilot programs, the
                Director shall submit to the Committee on
                Transportation and Infrastructure of the House of
                Representatives and the Committee on Homeland Security
                and Governmental Affairs of the Senate a report
                containing--
                            ``(i) a description and assessment of the
                        effectiveness of the pilot programs;
                            ``(ii) any recommendations of the Director
                        for additional authority to continue the pilot
                        programs or make any of the programs permanent;
                        and
                            ``(iii) any other findings and conclusions
                        of the Director with respect to the pilot
                        programs.
            ``(5) Implementation plan.--Not later than 6 months after
        the date of enactment of this subsection, the Director shall
        submit to the Committee on Transportation and Infrastructure of
        the House of Representatives and the Committee on Homeland
        Security and Governmental Affairs of the Senate a detailed plan
        for implementing this subsection. The plan shall include a
        timeline for implementation, a spending plan, and
        recommendations for any additional authority that may be
        necessary to fully implement this subsection.
            ``(6) Authorization of appropriations.--There is authorized
        to be appropriated to carry out this subsection $37,000,000 for
        fiscal year 2009 and such sums as may be necessary for each
        fiscal year thereafter.''.
    (b) Limitation on Statutory Construction.--Nothing in this Act
(including the amendment made by this Act) shall be construed to affect
the authority of the Department of Commerce or the Federal
Communications Commission.

Output:
Integrated Public Alert and Warning System Modernization Act of 2008 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President, acting through the Director of the Federal Emergency Management Agency (FEMA), to: (1) modernize and implement the integrated U.S. public alert and warning system to ensure that the President can alert governmental authorities and the civilian population in areas endangered by disasters under all conditions; (2) assign to the National Continuity Programs Directorate responsibility for advising on system modernization and implementation; (3) establish or adopt common alerting and warning protocols, standards, terminology, and operating procedures; (4) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities or limited English proficiency; and (5) ensure the conduct of training, tests, and exercises.

Requires the system to: (1) incorporate multiple communications technologies; (2) be designed to adapt to and incorporate future technologies for communicating directly with the public; (3) be designed to provide alerts to the largest portion of the affected population feasible and improve the ability of remote areas to receive alerts; (4) promote local and regional partnerships to enhance community preparedness and response; and (5) provide redundant alert mechanisms.

Requires the Director to conduct pilot programs to demonstrate the feasibility of using a variety of methods for achieving system requirements.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy School Meals Act of 2010''.

SEC. 2. FINDINGS AND PURPOSE.

     (a) Findings.--Congress finds the following:
            (1) National Health and Nutrition Examination Surveys
        (1976-1980 and 2003-2006) conducted for the Centers for Disease
        Control and Prevention show that obesity prevalence increased
        from 5.0 percent to 12.4 percent in children aged 2 to 5 years,
        from 6.5 percent to 17.0 percent in those aged 6-11 years and
        from 5.0 percent to 17.6 percent in those aged 12 to 19 years.
            (2) A 2007 Department of Agriculture School Nutrition
        Dietary study found that an estimated 70 percent of schools
        serve meals that exceed recommended levels of saturated fat,
        which is linked to heart disease and other obesity-related
        chronic diseases, such as diabetes and some cancers.
            (3) The Centers for Disease Control and Prevention predicts
        one in three children born in the year 2000 will develop
        diabetes in his or her life.
            (4) A Yale University study of overweight and obese
        children found higher than normal blood sugar. Twenty-five
        percent of children age 4 to 10 had impaired glucose tolerance,
        suggesting diabetes may soon occur.
            (5) Healthy school meals are essential for protecting
        children from weight problems and other diet-related
        conditions; meals too high in fat and calories are found to
        contribute to weight and health problems.
            (6) The Department of Agriculture's National Nutrient
        Database lists vegetables, fruits, whole grains, and legumes as
        being extremely low in saturated fat and containing no
        cholesterol.
            (7) The American Medical Association and the American
        Public Health Association have passed resolutions calling for
        plant-based foods including vegetables, fruits, legumes,
        grains, and healthful dairy alternative beverages to be
        included in school meals.
            (8) A rapidly increasing number of families in the United
        States opt for plant-based meals for health, ethical, or
        religious reasons.
            (9) The July 2009 Journal of the American Dietetic
        Association published an official position paper of the
        American Dietetic Association which concluded that plant-based
        diets are nutritionally adequate for everyone, including
        children, and provide health benefits when compared to other
        eating patterns.
            (10) Studies have shown that the bioavailability of calcium
        from soymilk fortified with calcium carbonate is equivalent to
        cow's milk.
            (11) The Department of Agriculture includes fruits,
        vegetables, whole grains, and legumes in its commodities
        program, but these essential ingredients to healthy meals are
        often underutilized or unavailable to many schools.
            (12) Access to healthful plant-based school lunch options
        is essential to improving the health of America's children.
    (b) Purpose.--The purpose of this Act is to improve the health of
America's schoolchildren by raising the nutritional quality of food
through the promotion of plant-based meals and healthful dairy
alternative beverages in schools.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Plant-based alternate protein product.--The term
        ``plant-based alternate protein product'' means an alternate
        protein product that--
                    (A) meets the nutritional requirements described in
                appendix A to part 210 of title 7 of the Code of
                Federal Regulations (as in effect on the date of the
                enactment of this Act); and
                    (B) contains no animal-based foods, products, or
                byproducts.
            (2) Plant-based meat alternate.--The term ``plant-based
        meat alternate'' means a meat alternate that--
                    (A) meets the nutritional requirements described in
                paragraph (k)(1) of part 210.10 of title 7 of the Code
                of Federal Regulations (as in effect on the date of the
                enactment of this Act); and
                    (B) contains no animal-based foods, products, or
                byproducts.
            (3) Plant-based entree.--The term ``plant-based entree''
        means a combination of foods or a single food item offered as a
        main course that--
                    (A) meets the nutritional requirements described in
                part 210.10 of title 7 of the Code of Federal
                Regulations (as in effect on the date of the enactment
                of this Act) as a meat alternate for food-based menu
                planning or protein requirement for nutrient-based menu
                planning for lunches that are reimbursable under the
                Richard B. Russell National School Lunch Act (20 U.S.C.
                1751 et seq.); and
                    (B) contains no animal-based foods, products, or
                byproducts.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (5) Substitute for fluid milk.--The term ``substitute for
        fluid milk'' means a nondairy fluid milk that is nutritionally
        equivalent to fluid dairy milk and meets the nutritional
        standards established by the Secretary, which shall include
        fortification of calcium, 6 or more grams of protein per 8-
        ounce serving, vitamin A, vitamin D, magnesium, phosphorus,
        potassium, riboflavin, and vitamin B12 to levels found in fluid
        dairy milk.

SEC. 4. HEALTHY SCHOOL MEALS PILOT PROGRAM.

    (a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall select school food
authorities to participate in a pilot program that evaluates the use of
plant-based alternate protein products and substitute for fluid milk
products under the school meal programs under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).
    (b) Selection and Program Requirements.--
            (1) Selection requirements.--The Secretary shall select
        school food authorities to participate in the pilot program
        under this section that are nationally representative of school
        food authorities in terms of size, geographic location, and
        socioeconomic levels of students served.
            (2) Program requirements.--In addition to the commodities
        delivered under section 6(b) of the Richard B. Russell National
        School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall
        deliver to the school food authorities selected to participate
        in the pilot program under this section, at no cost to the
        school food authorities, plant-based alternate protein products
        and substitute for fluid milk products for schools under the
        jurisdiction of such school food authorities for the
        preparation of daily meals under--
                    (A) the school lunch program under the Richard B.
                Russell National School Lunch Act (42 U.S.C. 1751 et
                seq.); and
                    (B) the school breakfast program under section 4 of
                the Child Nutrition Act of 1966 (42 U.S.C. 1773).
    (c) Evaluation.--Not later than 24 months after the date of the
enactment of this Act the Secretary shall evaluate the pilot program
conducted under this section to assess--
            (1) which plant-based alternate protein products and
        substitute for fluid milk products are superior with regard
        to--
                    (A) cost-effectiveness;
                    (B) marketability to school food authorities;
                    (C) ease of preparation and use; and
                    (D) acceptance by children participating in the
                school meal programs under the Richard B. Russell
                National School Lunch Act (42 U.S.C. 1751 et seq.) and
                section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
                1773).
            (2) any other factors and outcomes associated with
        increasing the availability of plant-based alternate protein
        products and substitute for fluid milk products in schools, as
        determined by the Secretary.
    (d) Funds.--Not later than October 15, 2011, out of the funds in
the Treasury not otherwise appropriated, the Secretary of Treasury
shall transfer to the Secretary of Agriculture $4,000,000 to carry out
this section. The Secretary of Agriculture shall be entitled to receive
the funds and shall accept the funds, without further appropriation.

SEC. 5. PURCHASE OF PLANT-BASED COMMODITIES.

    (a) Purchase of Plant-Based Commodities.--Not later than 24 months
after the date of the enactment of this Act, in addition to the
commodities delivered under section 6(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall
deliver plant-based alternate protein products and substitute for fluid
milk products that are determined to be superior according to the
findings of the evaluation conducted under section 4(c) for use in--
            (1) the school lunch program under the Richard B. Russell
        National School Lunch Act (42 U.S.C. 1751 et seq.); and
            (2) the school breakfast program under section 4 of the
        Child Nutrition Act of 1966 (42 U.S.C. 1773).
    (b) Training.--The Secretary shall provide training materials to
schools and school food authorities on the nutritional benefits and
preparation of plant-based meat alternates and alternate protein
product commodities for schoolchildren.

SEC. 6. COMMODITY ASSISTANCE FOR PLANT-BASED OPTIONS.

    (a) Rules.--Not later than 24 months after the date of the
enactment of this Act, the Secretary shall promulgate rules that--
            (1) based on the most recent Dietary Guidelines published
        under section 301 of the National Nutrition Monitoring and
        Related Research Act of 1990 (7 U.S.C. 5341), reflect specific
        recommendations, expressed in serving recommendations, for
        increased consumption of plant-based foods, including plant-
        based meat alternates and plant-based entrees, in school
        nutrition programs under the Richard B. Russell National School
        Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act
        of 1966 (42 U.S.C. 1771 et seq.); and
            (2) provide for the distribution--
                    (A) to any school food authority in which at least
                two-thirds of the students served by the authority are
                offered a plant-based entree as a menu item on each
                daily school lunch menu, supplemental commodity
                assistance or cash in lieu thereof under section 14 of
                the Richard B. Russell National School Lunch Act 42
                U.S.C. 1762a) that--
                            (i) is not less than 25 percent of the
                        total commodity assistance or cash in lieu
                        thereof provided to the school food authority
                        during the preceding school year; and
                            (ii) shall be used by the authority to
                        purchase entirely plant-based commodity food
                        products or substitute for fluid milk products;
                    (B) to each State educational agency in which a
                school food authority receives supplemental commodity
                assistance or cash in lieu thereof pursuant to
                paragraph (1), not more than 5 percent of such
                assistance or cash; and
                    (C) of increased levels of supplemental commodity
                assistance or cash in lieu thereof to school food
                authorities pursuant to paragraph (1) as school food
                authorities increase the number of students who are
                offered a plant-based entree as a menu item on each
                daily school lunch menu.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.

SEC. 7. SUBSTITUTE FOR FLUID MILK.

    (a) Amendments.--Section 9(a)(2) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1958(a)(2)(A)) is amended to read as
follows:
            ``(2) Fluid milk.--
                    ``(A) In general.--Lunches served by schools
                participating in the school lunch program under this
                Act--
                            ``(i) shall offer students fluid milk in a
                        variety of fat contents; and
                            ``(ii) may offer students flavored and
                        unflavored fluid milk, lactose-free fluid milk,
                        and a nondairy substitute for fluid milk.
                    ``(B) Substitutes.--
                            ``(i) Standards for substitution.--A school
                        shall substitute for the fluid milk provided
                        under subparagraph (A)(i), a nondairy beverage
                        that is nutritionally equivalent to fluid milk
                        and meets nutritional standards established by
                        the Secretary (which shall, among other
                        requirements to be determined by the Secretary,
                        include fortification of calcium, vitamin A,
                        vitamin D, magnesium, phosphorus, potassium,
                        riboflavin, and vitamin B12 to levels found in
                        fluid dairy milk, and not less than 6 grams of
                        protein per 8-ounce serving) for students who
                        cannot consume fluid milk because of a
                        disability or medical or other special dietary
                        need.
                            ``(ii) Excess expenses borne by school food
                        authority.--Expenses incurred in providing
                        substitutions under this subparagraph that are
                        in excess of expenses covered by reimbursements
                        under this chapter shall be paid by the school
                        food authority.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect not later than 24 months after the date of the enactment of
this Act.

Output:
Healthy School Meals Act of 2010 - Directs the Secretary of Agriculture to select school food authorities to participate in a pilot program evaluating the use of plant-based alternate protein products and fluid milk substitutes under the school lunch and breakfast programs.

Directs the Secretary to: (1) deliver plant-based alternate protein products and fluid milk substitutes to such food authorities at no cost for the preparation of meals under the school lunch and breakfast programs; and (2) assess which of such foods would be best for more general use in the school lunch and breakfast programs, and deliver them for general use under such programs, within two years of this Acts' enactment.

 Requires the Secretary, within two years of this Act's enactment, to promulgate regulations that: (1) reflect specific recommendations for increased consumption of plant-based foods; and (2) provide for the distribution of supplemental commodity assistance or cash in lieu thereof to states and certain school food authorities that offer a plant-based entree on their daily lunch menus, for the purchase of entirely plant-based commodity food products or fluid milk substitutes.

Requires schools participating in the school lunch program to serve a nondairy beverage that is nutritionally equivalent to fluid milk and meets certain nutritional standards to students who cannot consume fluid milk because of a disability or medical or other special dietary need. (Eliminates the requirement that students who cannot consume fluid milk due to a disability provide schools with a statement from a physician that identifies such disability and specifies the fluid milk substitute.)


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pyramid Lake Paiute Tribe Fish
Springs Ranch Settlement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the agreement
        entitled ``Fish Springs Ranch Water Rights Settlement
        Agreement'' and dated May 20, 2007 (including any amendments
        and exhibits to that agreement).
            (2) Environmental impact statement.--The term
        ``environmental impact statement'' means the final
        environmental impact statement for the North Valleys Rights-of-
        Way Projects prepared by the Bureau of Land Management (70 Fed.
        Reg. 68473).
            (3) Final payment date.--The term ``final payment date''
        means the date on which Fish Springs pays to the Tribe the
        final installment amount, as provided in the Agreement.
            (4) Fish springs.--The term ``Fish Springs'' means the Fish
        Springs Ranch, LLC, a Nevada limited liability company (or a
        successor in interest).
            (5) Project.--
                    (A) In general.--The term ``Project'' means the
                project for pumping and transfer by Fish Springs of not
                more than 8,000 acre-feet of groundwater per year, as
                described in the environmental impact statement and the
                record of decision.
                    (B) Inclusion.--The term ``Project'' includes the
                pumping and transfer of not more than 5,000 acre-feet
                of groundwater per year (in addition to the acre-feet
                referred to in subparagraph (A)) in accordance with the
                Agreement, including the acquisition by Fish Springs of
                the rights and approval to pump that groundwater in
                accordance with Federal and State law.
                    (C) Exclusions.--The term ``Project'' does not
                include--
                            (i) the project proposed by Intermountain
                        Water Supply, Ltd., and described in the
                        environmental impact statement; or
                            (ii) any other project or activity not
                        otherwise specified in this Act.
            (6) Record of decision.--The term ``record of decision''
        means the public record of the decision of the District Manager
        of the Bureau of Land Management for the State of Nevada issued
        on May 31, 2006, regarding the environmental impact statement
        and the Project.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (8) Tribe.--The term ``Tribe'' means the Pyramid Lake
        Paiute Tribe of Indians organized under section 16 of the Act
        of June 18, 1934 (commonly known as the ``Indian Reorganization
        Act'') (25 U.S.C. 476).

SEC. 3. RATIFICATION OF AGREEMENT.

    (a) In General.--Except as provided in subsection (c), and except
to the extent that a provision of the Agreement conflicts with this
Act, notwithstanding any other provision of Federal or tribal law, the
Agreement is ratified.
    (b) Execution of Agreement.--The Secretary shall execute the
obligations of the Secretary under the Agreement (including any exhibit
to the Agreement requiring the signature of the Secretary) in
accordance with this Act.
    (c) Exceptions.--
            (1) Choice of law.--Notwithstanding any provision of the
        Agreement, the Agreement and this Act shall be governed by
        applicable Federal law and Nevada State law.
            (2) Waiver and retention of claims.--Notwithstanding any
        provision of the Agreement, any waiver or retention of a claim
        by the Tribe or the United States on behalf of the Tribe
        relating to the Agreement shall be carried out in accordance
        with section 4.
    (d) Environmental Compliance.--
            (1) No major federal action.--The execution of the
        Agreement by the Secretary pursuant to this Act shall not be
        considered to be a major Federal action under the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) Compliance activities.--The Secretary shall carry out
        all required Federal environmental compliance activities in
        executing the Agreement.
    (e) Compliance With Applicable Law.--This section and the Agreement
shall be considered to be in accordance with all applicable
requirements of section 2116 of the Revised Statutes (25 U.S.C. 177).

SEC. 4. WAIVER AND RELEASES OF CLAIMS.

    (a) Release of Claims Against Fish Springs.--In executing the
Agreement pursuant to this Act, the Tribe and the Secretary, acting on
behalf of the Tribe, shall waive and release all claims against Fish
Springs--
            (1) for damage, loss, or injury to water rights or claims
        of interference with or diversion or taking of water rights
        (including claims for injury to land resulting from such a
        damage, loss, injury, interference, diversion, or taking under
        the Agreement) relating to the use of water by Fish Springs
        under the Agreement for the Project; or
            (2) relating in any manner to the negotiation or adoption
        of the Agreement.
    (b) Release of Claims Against United States.--In carrying out the
Agreement, the Tribe shall waive and release any claim of the Tribe
against the United States (including all employees and agents of the
United States) relating in any manner to--
            (1) damage, loss, or injury to water, water rights, land,
        or any other resource due to loss of water or water rights
        (including damage, loss, or injury to hunting, fishing,
        gathering, or cultural rights due to loss of water or water
        rights, claims relating to interference with or diversion or
        taking of water or water rights, and claims relating to a
        failure to protect, acquire, replace, or develop water, water
        rights, or water infrastructure) due to use of water by Fish
        Springs under the Agreement for the Project;
            (2) the record of decision, the environmental impact
        statement, or the Agreement; or
            (3) the negotiation, execution, or adoption of the
        Agreement or this Act, including--
                    (A) the use by the Tribe of funds paid to the Tribe
                under the Agreement; and
                    (B) the acquisition and use by the Tribe of land
                under the Agreement.
    (c) Effectiveness of Waivers and Releases.--
            (1) Claims against fish springs.--The waivers and releases
        under subsection (a) shall take effect on the final payment
        date.
            (2) Claims against united states.--A waiver or release
        under subsection (b) shall take effect on the date on which the
        Tribe executes the waiver or release.
    (d) Retention of Claims by United States and Tribe.--The Tribe and
the Secretary, acting on behalf of the Tribe, shall retain--
            (1) all claims for enforcement of the Agreement or this Act
        through such legal and equitable remedies as are available in
        the appropriate United States court;
            (2) subject to the right of Fish Springs to carry out the
        Project, the right to assert and protect any right of the Tribe
        to surface or groundwater or any other trust resource;
            (3) all rights to claim or acquire a water right in
        accordance with applicable law, and to use and protect any
        water right acquired after the date of enactment of this Act,
        that is not in conflict with the Agreement and this Act;
            (4) all claims relating to activities affecting the quality
        of water, including any claim of the Tribes under--
                    (A) the Comprehensive Environmental Response,
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601
                et seq.) (including claims for damages to natural
                resources);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et
                seq.);
                    (C) the Federal Water Pollution Control Act (33
                U.S.C. 1251 et seq.); or
                    (D) a regulation implementing an Act referred to in
                subparagraphs (A) through (C); and
            (5) all rights, remedies, privileges, immunities, and
        authorities not specifically waived and released pursuant to
        this Act.

SEC. 5. SATISFACTION OF CLAIMS.

    The benefits provided to the Tribe under the Agreement and this Act
shall be considered to be full satisfaction of all claims of the Tribe
and the United States waived and released pursuant to section 4.

SEC. 6. BENEFICIARIES TO AGREEMENT.

    (a) Requirement.--The parties to the Agreement shall be the only
beneficiaries of the Agreement.
    (b) Prohibition.--Nothing in the Agreement or this Act provides to
any individual or entity third-party beneficiary status relating to the
Agreement.

SEC. 7. JURISDICTION.

    A civil action relating to the enforcement of the Agreement shall
be filed in the United States District Court for the District of
Nevada.

SEC. 8. MISCELLANEOUS PROVISIONS.

    (a) Truckee-Carson-Pyramid Lake Water Rights Settlement Act.--
Nothing in this Act affects any right or interest recognized or
established in the Truckee-Carson-Pyramid Lake Water Rights Settlement
Act (Public Law 101-618; 104 Stat. 3294).
    (b) No Establishment of Standard.--Nothing in this Act establishes
a standard for the quantification of a Federal reserved water right or
any other claim of an Indian tribe other than the Tribe in any other
judicial or administrative proceeding.
    (c) Other Claims.--Nothing in the Agreement or this Act quantifies
or otherwise adversely affects any water right, claim or entitlement to
water, or any other right of any Indian tribe, band, or community other
than the Tribe.

SEC. 9. NULLIFICATION DATE.

    If the Tribe fails to execute any waiver or release described in
section 4(b) by the date that is 90 days after the date of enactment of
this Act, the Agreement shall be null and void.

Output:
Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Act - Ratifies the Fish Springs Ranch Water Rights Settlement Agreement dated May 20, 2007.

Sets forth provisions governing the waiver and retention of claims by the Pyramid Lake Paiute Tribe of Indians and the Secretary of the Interior.