Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Artists' Rights and Theft Prevention
Act of 2004'' or the ``ART Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds the following:
            (1) Intellectual property--
                    (A) represents the ideas, imagination and
                creativity needed to innovate long before a product is
                brought to market;
                    (B) is fundamental to the continued economic,
                social, and cultural development of society; and
                    (C) deserves the protection of our laws.
            (2) Music, film, software, and all other forms of
        intellectual property represent one of the strongest and most
        significant sectors of the United States economy, as
        demonstrated by the fact that these industries--
                    (A) accounted for more than 5 percent of the United
                States Gross Domestic Product, or $535,100,000,000 in
                2001;
                    (B) represent almost 6 percent of all United States
                employment; and
                    (C) led all major industry sectors in foreign sales
                and exports in 2001.
            (3) In an attempt to combat the growing use of the Internet
        and technology for the illegal reproduction and distribution of
        copyrighted materials, Congress unanimously passed and
        President Clinton signed the ``No Electronic Theft (NET) Act''
        in 1997. The NET Act is designed to strengthen copyright and
        trademark laws and to permit the prosecution of individuals in
        cases involving large-scale illegal reproduction or
        distribution of copyrighted works where the infringers act
        willfully.
            (4) Under the No Electronic Theft (NET) Act's economic harm
        requirement, investigations by law enforcement of copyright
        infringements are particularly resource intensive and pose
        significant challenges. In the interest of broader deterrence
        and in order to facilitate the prosecution of particularly
        egregious copyright violations, it is important to recognize
        that a significant level of economic harm can be reached by the
        distribution of prerelease commercial works.
            (5) The use of camcorders and other audiovisual recording
        devices in movie theaters to make illegal copies of films is
        posing a serious threat to the motion picture industry.
        According to a recent industry study, 92.4 percent of the first
        copies of movies available for download on the Internet
        originate from camcorders.
            (6) Given the difficulty of enforcement, online theft of
        music, film, software, and all forms of intellectual property
        continues to rise. The negative effects on this large segment
        of the United States economy are significant, as exemplified by
        almost a 31 percent drop in sales for the music industry from
        the middle of 2000 to the middle of 2003.
            (7) Federal legislation is necessary and warranted to
        combat the most egregious forms of online theft of intellectual
        property and its significant, negative economic impact on the
        United States economy because--
                    (A) Article 1, section 8 of the United States
                Constitution gives Congress the power ``[t]o promote
                the Progress of Science and useful Arts, by securing
                for limited Times to Authors and Inventors the
                exclusive Right to their respective Writings and
                Discoveries,'' as well as the power ``[t]o regulate
                Commerce with foreign nations, and among the several
                States.'';
                    (B) the importance of the music, film, software and
                other intellectual property-based industries to the
                overall health of the United States economy is well
                documented and significant; and
                    (C) theft and unauthorized distribution of
                intellectual property across State and international
                lines occurs on a regular basis.

SEC. 3. CRIMINAL PENALTIES FOR UNAUTHORIZED RE-CORDING OF MOTION
              PICTURES IN A MOTION PICTURE EXHIBITION FACILITY.

    (a) In General.--Chapter 113 of title 18, United States Code, is
amended by adding after section 2319A the following new section:
``Sec. 2319B. Unauthorized recording of motion pictures in a motion
              picture exhibition facility
    ``(a) Offense.--Any person who, without the authorization of the
copyright owner, knowingly uses or attempts to use an audiovisual
recording device to transmit or make a copy of a motion picture or
other audiovisual work protected under title 17, or any part thereof,
from a performance of such work in a motion picture exhibition
facility, shall--
            ``(1) be imprisoned for not more than 3 years, fined under
        this title, or both; or
            ``(2) if the offense is a second or subsequent offense, be
        imprisoned for no more than 6 years, fined under this title, or
        both.
    ``(b) Forfeiture and Destruction.--When a person is convicted of a
violation of subsection (a), the court in its judgment of conviction
shall, in addition to any penalty provided, order the forfeiture and
destruction or other disposition of all unauthorized copies of motion
pictures or other audiovisual works protected under title 17, or parts
thereof, and any audiovisual recording devices or other equipment used
in connection with the offense.
    ``(c) Authorized Activities.--This section does not prevent any
lawfully authorized investigative, protective, or intelligence activity
by an officer, agent, or employee of the United States, a State, or a
political subdivision of a State, or a person acting under a contract
with the United States, a State, or a political subdivision of a State.
    ``(d) Immunity for Theaters.--With reasonable cause, the owner or
lessee of a facility where a motion picture is being exhibited, the
authorized agent or employee of such owner or lessee, the licensor of
the motion picture being exhibited, or the agent or employee of such
licensor--
            ``(1) may detain, in a reasonable manner and for a
        reasonable time, any person suspected of a violation of this
        section for the purpose of questioning or summoning a law
        enforcement officer; and
            ``(2) shall not be held liable in any civil or criminal
        action arising out of a detention under paragraph (1).
    ``(e) Victim Impact Statement.--
            ``(1) In general.--During the preparation of the
        presentence report under rule 32(c) of the Federal Rules of
        Criminal Procedure, victims of an offense under this section
        shall be permitted to submit to the probation officer a victim
        impact statement that identifies the victim of the offense and
        the extent and scope of the injury and loss suffered by the
        victim, including the estimated economic impact of the offense
        on that victim.
            ``(2) Contents.--A victim impact statement submitted under
        this subsection shall include--
                    ``(A) producers and sellers of legitimate works
                affected by conduct involved in the offense;
                    ``(B) holders of intellectual property rights in
                the works described in subparagraph (A); and
                    ``(C) the legal representatives of such producers,
                sellers, and holders.
    ``(f) Definitions.--In this section, the following definitions
shall apply:
            ``(1) Title 17 definitions.--The terms `audiovisual work',
        `copy', `copyright owner', `motion picture', `motion picture
        exhibition facility', and `transmit' have, respectively, the
        meanings given those terms in section 101 of title 17.
            ``(2) Audiovisual recording device.--The term `audiovisual
        recording device' means a digital or analog photographic or
        video camera, or any other technology or device capable of
        enabling the recording or transmission of a copyrighted motion
        picture or other audiovisual work, or any part thereof,
        regardless of whether audiovisual recording is the sole or
        primary purpose of the device.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 113 of title 18, United States Code, is amended by inserting
after the item relating to section 2319A the following:

``2319B. Unauthorized recording of motion pictures in a motion picture
                            exhibition facility.''.
    (c) Definition.--Section 101 of title 17, United States Code, is
amended by inserting after the definition of ``Motion pictures'' the
following:
    ``The term `motion picture exhibition facility' means a movie
theater, screening room, or other venue that is being used primarily
for the exhibition of a copyrighted motion picture, if such exhibition
is open to the public or is made to an assembled group of viewers
outside of a normal circle of a family and its social acquaintances.''.

SEC. 4. CRIMINAL INFRINGEMENT OF A WORK BEING PREPARED FOR COMMERCIAL
              DISTRIBUTION.

    (a) Prohibited Acts.--Section 506(a) of title 17, United States
Code, is amended to read as follows:
    ``(a) Criminal Infringement.--
            ``(1) In general.--Any person who willfully infringes a
        copyright shall be punished as provided under section 2319 of
        title 18, if the infringement was committed--
                    ``(A) for purposes of commercial advantage or
                private financial gain;
                    ``(B) by the reproduction or distribution,
                including by electronic means, during any 180-day
                period, of 1 or more copies or phonorecords of 1 or
                more copyrighted works, which have a total retail value
                of more than $1,000; or
                    ``(C) by the distribution of a work being prepared
                for commercial distribution, by making it available on
                a computer network accessible to members of the public,
                if such person knew or should have known that the work
                was intended for commercial distribution.
            ``(2) Evidence.--For purposes of this subsection, evidence
        of reproduction or distribution of a copyrighted work, by
        itself, shall not be sufficient to establish willful
        infringement of a copyright.
            ``(3) Definition.--In this subsection, the term `work being
        prepared for commercial distribution' means--
                    ``(A) a computer program, a musical work, a motion
                picture or other audiovisual work, or a sound
                recording, if at the time of unauthorized
                distribution--
                            ``(i) the copyright owner has a reasonable
                        expectation of commercial distribution; and
                            ``(ii) the copies or phonorecords of the
                        work have not been commercially distributed; or
                    ``(B) a motion picture, if at the time of
                unauthorized distribution, the motion picture--
                            ``(i) has been made available for viewing
                        in a motion picture exhibition facility; and
                            ``(ii) has not been made available in
                        copies for sale to the general public in the
                        United States in a format intended to permit
                        viewing outside a motion picture exhibition
                        facility.''.
    (b) Criminal Penalties.--Section 2319 of title 18, United States
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Whoever'' and inserting ``Any
                person who''; and
                    (B) by striking ``and (c) of this section'' and
                inserting ``, (c), and (d)'';
            (2) in subsection (b), by striking ``section 506(a)(1)''
        and inserting ``section 506(a)(1)(A)'';
            (3) in subsection (c), by striking ``section 506(a)(2) of
        title 17, United States Code'' and inserting ``section
        506(a)(1)(B) of title 17'';
            (4) by redesignating subsections (d) and (e) as subsections
        (e) and (f), respectively;
            (5) by adding after subsection (c) the following:
    ``(d) Any person who commits an offense under section 506(a)(1)(C)
of title 17--
            ``(1) shall be imprisoned not more than 3 years, fined
        under this title, or both;
            ``(2) shall be imprisoned not more than 5 years, fined
        under this title, or both, if the offense was committed for
        purposes of commercial advantage or private financial gain;
            ``(3) shall be imprisoned not more than 6 years, fined
        under this title, or both, if the offense is a second or
        subsequent offense; and
            ``(4) shall be imprisoned not more than 10 years, fined
        under this title, or both, if the offense is a second or
        subsequent offense under paragraph (2).''; and
            (6) in subsection (f), as redesignated--
                    (A) in paragraph (1), by striking ``and'' at the
                end;
                    (B) in paragraph (2), by striking the period at the
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) the term `financial gain' has the meaning given the
        term in section 101 of title 17; and
            ``(4) the term `work being prepared for commercial
        distribution' has the meaning given the term in section 506(a)
        of title 17.''.

SEC. 5. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK BEING PREPARED FOR
              COMMERCIAL DISTRIBUTION.

    (a) Preregistration.--Section 408 of title 17, United States Code,
is amended by adding at the end the following:
    ``(f) Preregistration of Works Being Prepared for Commercial
Distribution.--
            ``(1) Rulemaking.--Not later than 180 days after the date
        of enactment of this Act, the Register of Copyrights shall
        issue regulations to establish procedures for preregistration
        of a work that is being prepared for commercial distribution
        and has not been published.
            ``(2) Class of works.--The regulations established under
        paragraph (1) shall permit preregistration for any work that is
        in a class of works that the Register determines has had a
        history of infringement prior to authorized commercial
        distribution.
            ``(3) Application for registration.--Not later than 3
        months after the first publication of the work, the applicant
        shall submit to the Copyright Office--
                    ``(A) an application for registration of the work;
                    ``(B) a deposit; and
                    ``(C) the applicable fee.
            ``(4) Effect of untimely application.--An action for
        infringement under this chapter shall be dismissed, and no
        award of statutory damages or attorney fees shall be made for a
        preregistered work, if the items described in paragraph 3 are
        not submitted to the Copyright Office in proper form within the
        earlier of--
                    ``(A) 3 months after the first publication of the
                work; or
                    ``(B) 1 month after the copyright owner has learned
                of the infringement.''.
    (b) Infringement Actions.--Section 411(a) of title 17, United
States Code, is amended by inserting ``preregistration or'' after
``shall be instituted until''.
    (c) Exclusion.--Section 412 of title 17, United States Code, is
amended by inserting ``, an action for infringement of the copyright of
a work that has been preregistered under section 408(f) before the
commencement of the infringement,'' after ``section 106A(a)''.

SEC. 6. FEDERAL SENTENCING GUIDELINES.

    (a) Review and Amendment.--Not later than 180 days after the date
of enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, and in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements applicable to persons convicted of intellectual property
rights crimes, including any offense under--
            (1) section 506, 1201, or 1202 of title 17, United States
        Code; or
            (2) section 2318, 2319, 2319A, 2319B, or 2320 of title 18,
        United States Code.
    (b) Authorization.--The United States Sentencing Commission may
amend the Federal sentencing guidelines in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note) as though the authority under that section had not
expired.
    (c) Responsibilities of United States Sentencing Commission.--In
carrying out this subsection, the United States Sentencing Commission
shall--
            (1) take all appropriate measures to ensure that the
        Federal sentencing guidelines and policy statements described
        in subsection (a) are sufficiently stringent to deter, and
        adequately reflect the nature of, intellectual property rights
        crimes;
            (2) determine whether to provide a sentencing enhancement
        for those convicted of the offenses described in subsection
        (a), if the conduct involves the display, performance,
        publication, reproduction, or distribution of a copyrighted
        work before it has been authorized by the copyright owner,
        whether in the media format used by the infringing party or in
        any other media format;
            (3) determine whether the scope of ``uploading'' set forth
        in application note 3 of section 2B5.3 of the Federal
        sentencing guidelines is adequate to address the loss
        attributable to people who broadly distribute copyrighted works
        without authorization over the Internet; and
            (4) determine whether the sentencing guidelines and policy
        statements applicable to the offenses described in subsection
        (a) adequately reflect any harm to victims from copyright
        infringement if law enforcement authorities cannot determine
        how many times copyright material has been reproduced or
        distributed.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of
Justice $5,000,000 for each of the fiscal years 2005, 2006, 2007, 2008,
and 2009 to prosecute violations of intellectual property rights as set
forth under sections 2318, 2319, 2319A, 2319B, and 2320 of title 18,
United States Code.

            Passed the Senate June 25, 2004.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.

Output:
Artists' Rights and Theft Prevention Act of 2004 (ART Act) - (Sec. 3) Amends the Federal criminal code to prohibit use of an audiovisual recording device to transmit or copy a protected audiovisual work from a performance in a motion picture exhibition facility without the authorization of the copyright owner. Authorizes a court, upon a conviction, to order the forfeiture and destruction of unauthorized copies and of equipment used in such an offense. Permits a facility owner, motion picture licensor, or employee thereof to detain any person suspected of violating such prohibition for purposes of questioning or summoning a law enforcement officer. Grants such parties immunity from liability for such detention. Requires that victims be permitted to submit for inclusion in the presentence report a victim impact statement identifying the injuries and losses suffered.

(Sec. 4) Establishes criminal penalties for willful copyright infringement by the distribution of a computer program, musical work, motion picture or other audiovisual work, or sound recording being prepared for commercial distribution by making it available on a computer network accessible to members of the public, if the person knew or should have known that the work was intended for commercial distribution.

(Sec. 5) Directs the Register of Copyrights to issue regulations to establish procedures for preregistration of a work that is being prepared for commercial distribution and has not been published. Requires such regulations to permit preregistration for any work that is in a class of works that the Register determines has had a history of infringement prior to authorized commercial distribution. Requires the applicant to submit, within three months after the work's first publication, an application for registration, a deposit, and the applicable fee. Directs that an application for infringement be dismissed, and prohibits any award of statutory damages or attorney fees, for a preregistered work if those items are not submitted to the Copyright Office in proper form within the earlier of: (1) three months after the work's first publication; or (2) one month after the copyright owner has learned of the infringement.

(Sec. 6) Directs the U.S. Sentencing Commission to review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of intellectual property rights offenses, including trafficking in counterfeit labels for phonorecords and copies of motion pictures and unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances. Directs the Commission to: (1) take measures to ensure that the guidelines and policy statements are sufficiently stringent to deter, and adequately reflect the nature of, intellectual property crimes; (2) determine whether to provide a sentencing enhancement for those convicted of the listed offenses if the conduct involves the display, performance, publication, reproduction, or distribution of a copyrighted work before it has been authorized; (3) determine whether the scope of "uploading" set forth in the sentencing guidelines is adequate to address the loss attributable to people who broadly distribute copyrighted works without authorization over the Internet; and (4) determine whether the sentencing guidelines and policy statements adequately reflect any harm to victims from copyright infringement if law enforcement authorities cannot determine how many times copyright material has been reproduced or distributed.

(Sec. 7) Authorizes appropriations to the Department of Justice for FY 2005 through 2009 to prosecute violations of intellectual property rights.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Abandoned and Medically Fragile
Infants Assistance Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) throughout the Nation, the number of infants and young
        children who have been exposed to drugs taken by their mothers
        during pregnancy has increased dramatically;
            (2) the inability of parents who abuse drugs to provide
        adequate care for such infants and young children and a lack of
        suitable shelter homes for such infants and young children have
        led to the abandonment of such infants and young children in
        hospitals for extended periods;
            (3) an unacceptable number of these infants and young
        children will be medically cleared for discharge, yet remain in
        hospitals as boarder babies;
            (4) hospital-based child care for these infants and young
        children is extremely costly and deprives them of an adequate
        nurturing environment;
            (5) training is inadequate for foster care personnel
        working with medically fragile infants and young children and
        infants and young children exposed to drugs;
            (6) a particularly devastating development is the increase
        in the number of infants and young children who are infected
        with the human immunodeficiency virus (which is believed to
        cause acquired immune deficiency syndrome and which is commonly
        known as HIV) or who have been perinatally exposed to the virus
        or to a dangerous drug;
            (7) many such infants and young children have at least one
        parent who is an intravenous drug abuser;
            (8) such infants and young children are particularly
        difficult to place in foster homes, and are being abandoned in
        hospitals in increasing numbers by mothers dying of acquired
        immune deficiency syndrome, or by parents incapable of
        providing adequate care;
            (9) there is a need for comprehensive services for such
        infants and young children, including foster family care
        services, case management services, family support services,
        respite and crisis intervention services, counseling services,
        and group residential home services;
            (10) there is a need to support the families of such
        infants and young children through the provision of services
        that will prevent the abandonment of the infants and children;
        and
            (11) there is a need for the development of funding
        strategies that coordinate and make the optimal use of all
        private resources, and Federal, State, and local resources, to
        establish and maintain such services.

SEC. 3. GRANTS FOR PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG
              CHILDREN IN HOSPITALS.

    (a) In General.--The Secretary of Health and Human Services may
make grants to public and nonprofit private entities for the purpose of
developing, implementing, and operating projects--
            (1) to prevent the abandonment of infants and young
        children, including the provision of services to members of the
        natural family for any condition that increases the probability
        of abandonment of an infant or young child;
            (2) to identify and address the needs of abandoned infants
        and young children;
            (3) to assist abandoned infants and young children to
        reside with their natural families or in foster care, as
        appropriate;
            (4) to recruit, train, and retain foster families for
        abandoned infants and young children;
            (5) to carry out residential care programs for abandoned
        infants and young children who are unable to reside with their
        families or to be placed in foster care;
            (6) to carry out programs of respite care for families and
        foster families of infants and young children described in
        subsection (b);
            (7) to recruit and train health and social services
        personnel to work with families, foster care families, and
        residential care programs for abandoned infants and young
        children; and
            (8) to prevent the abandonment of infants and young
        children, and to care for the infants and young children who
        have been abandoned, through model programs providing health,
        educational, and social services at a single site in a
        geographic area in which a significant number of infants and
        young children described in subsection (b) reside (with special
        consideration given to applications from entities that will
        provide the services of the project through community-based
        organizations).
    (b) Priority in Provision of Services.--The Secretary may not make
a grant under subsection (a) unless the applicant for the grant agrees
that, in carrying out the purpose described in subsection (a) (other
than with respect to paragraph (6) of such subsection), the applicant
will give priority to abandoned infants and young children--
            (1) who are infected with the human immunodeficiency virus
        or who have been perinatally exposed to the virus; or
            (2) who have been perinatally exposed to a dangerous drug.
    (c) Case Plan With Respect to Foster Care.--The Secretary may not
make a grant under subsection (a) unless the applicant for the grant
agrees that, if the applicant expends the grant to carry out any
program of providing care to infants and young children in foster homes
or in other nonmedical residential settings away from their parents,
the applicant will ensure that--
            (1) a case plan of the type described in paragraph (1) of
        section 475 of the Social Security Act is developed for each
        such infant and young child (to the extent that such infant and
        young child is not otherwise covered by such a plan); and
            (2) the program includes a case review system of the type
        described in paragraph (5) of such section (covering each such
        infant and young child who is not otherwise subject to such a
        system).
    (d) Administration of Grant.--
            (1) The Secretary may not make a grant under subsection (a)
        unless the applicant for the grant agrees--
                    (A) to use the funds provided under this section
                only for the purposes specified in the application
                submitted to, and approved by, the Secretary pursuant
                to subsection (e);
                    (B) to establish such fiscal control and fund
                accounting procedures as may be necessary to ensure
                proper disbursement and accounting of Federal funds
                paid to the applicant under this section; and
                    (C) to report to the Secretary annually on the
                utilization, cost, and outcome of activities conducted,
                and services furnished, under this section.
    (e) Requirement of Application.--The Secretary may not make a grant
under subsection (a) unless--
            (1) an application for the grant is submitted to the
        Secretary;
            (2) with respect to carrying out the purpose for which the
        grant is to be made, the application provides assurances of
        compliance satisfactory to the Secretary; and
            (3) the application otherwise is in such form, is made in
        such manner, and contains such agreements, assurances, and
        information as the Secretary determines to be necessary to
        carry out this section.

SEC. 4. GRANTS TO PROVIDE NURTURING HOME ENVIRONMENTS AND FAMILY-
              CENTERED SERVICES FOR MEDICALLY FRAGILE INFANTS.

    The Secretary may make grants to public and nonprofit entities for
the purposes of developing, implementing, or operating--
            (1) programs and activities to prevent the medical neglect
        of disabled infants with life-threatening conditions;
            (2) information, education, and training programs designed
        to improve the provision of services to disabled infants with
        life-threatening conditions for--
                    (A) professional and paraprofessional personnel
                concerned with the welfare of disabled infants with
                life-threatening conditions, including personnel
                employed in child protective services programs and
                health care facilities; and
                    (B) the parents of such infants; and
            (3) programs to assist in obtaining or coordinating
        necessary services for families of disabled infants with life-
        threatening conditions, including--
                    (A) existing social and health services;
                    (B) financial assistance; and
                    (C) services necessary to facilitate adoptive
                placement of any such infant who is legally free for
                adoption.

SEC. 5. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY.

    The Secretary shall, directly or through contracts with public and
nonprofit private entities, provide for evaluations of projects carried
out under this Act and for the dissemination of information developed
as result of such projects.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) The terms ``abandoned'' and ``abandonment'', with
        respect to infants and young children, mean that the infants
        and young children are medically cleared for discharge from
        acute-care hospital settings, but remain hospitalized because
        of a lack of appropriate out-of-hospital placement
        alternatives.
            (2) The term ``dangerous drug'' means a controlled
        substance, as defined in section 102 of the Controlled
        Substances Act (21 U.S.C. 802).
            (3) The term ``natural family'' shall be broadly
        interpreted to include natural parents, grandparents, family
        members, guardians, children residing in the Household, and
        individuals residing in the household on a continuing basis who
        are in a care-giving situation with respect to infants and
        young children covered under this Act.
            (4) The term ``acquired immune deficiency syndrome''
        includes infection with the etiologic agent for such syndrome,
        any condition indicating that an individual is infected with
        such etiologic agent, and any condition arising from such
        etiologic agent.
            (5) The term ``Secretary'' means the Secretary of Health
        and Human Services.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--For the purpose of carrying out this Act, there
are authorized to be appropriated $15,000,000 for fiscal year 1996 and
such sums as may be necessary for each of the fiscal years 1997, 1998,
1999, and 2000.
    (b) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended.
            (1) Conforming amendment.--Section 421(7) of the Domestic
        Volunteer Service Act of 1973 (42 U.S.C. 5061(7)) is amended to
        read as follows:
            ``(7) the term `border baby' means an infant described in
        section 6(1) of the Abandoned and Medically Fragile Infants
        Assistance Act of 1995.''.

Output:
Abandoned and Medically Fragile Infants Assistance Act of 1995 - Authorizes grants to develop, implement, and operate projects and programs to:  (1) prevent, and provide services regarding, abandonment of infants; and (2) prevent medical neglect of, and provide services regarding, disabled infants with life-threatening conditions.  Defines "abandoned" to mean infants and young children medically cleared for hospital discharge but remaining hospitalized because of a lack of appropriate out-of-hospital placement alternatives.  Authorizes appropriations.
Amends the Domestic Volunteer Service Act of 1973 to replace the definition of "boarder baby" with references to the definition of "abandoned" under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Collaborative Academic Research
Efforts for Tourette Syndrome Act of 2017''.

SEC. 2. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH RELATING TO
              TOURETTE SYNDROME.

    Part B of title IV of the Public Health Service Act is amended by
inserting after section 409J (42 U.S.C. 284q) the following:

``SEC. 409K. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES
              WITH RESPECT TO TOURETTE SYNDROME.

    ``(a) In General.--The Secretary, acting through the Director of
NIH, shall expand, intensify, and coordinate the programs and
activities of the National Institutes of Health with respect to
scientific and clinical research on Tourette syndrome.
    ``(b) Data Collection.--
            ``(1) System.--In carrying out subsection (a), the
        Secretary shall develop a system to collect data on Tourette
        syndrome, including epidemiologic information with respect to
        the incidence, prevalence, and impact of Tourette syndrome in
        the United States.
            ``(2) Broad and narrow definitions.--The data collection
        system under paragraph (1) shall provide for the collection of
        primary data on Tourette syndrome, including related data on
        the various conditions known to be comorbid with Tourette
        syndrome.
            ``(3) Collection by population and geographical region.--
        The data collection system under paragraph (1) shall provide
        for the collection of data on the availability of medical and
        social services for individuals with Tourette syndrome and
        their families and the disaggregation of such data by
        population and geographical region.
    ``(c) Collaborative Research Centers for Tourette Syndrome.--
            ``(1) In general.--In carrying out subsection (a), the
        Secretary shall award grants and contracts to public or
        nonprofit private entities to pay all or part of the cost of
        planning, establishing, improving, and providing basic
        operating support for Collaborative Research Centers for
        Tourette Syndrome.
            ``(2) Research.--Each center under paragraph (1) shall
        conduct basic and clinical research into Tourette syndrome.
        Such research should include investigations into the cause,
        diagnosis, early detection, prevention, control, and treatment
        of Tourette syndrome. The research conducted by such centers,
        as a group, shall include research in the fields of
        developmental neurobiology, neuroscience, genetics, psychology,
        and pharmacology.
            ``(3) Services for patients.--
                    ``(A) In general.--A center under paragraph (1) may
                expend amounts provided under such paragraph to carry
                out a program to make individuals aware of
                opportunities to participate as subjects in research
                conducted by the centers.
                    ``(B) Referral and costs.--A program under
                subparagraph (A) may, in accordance with such criteria
                as the Secretary may establish, provide to the subjects
                described in such subparagraph, referrals for health
                and other services, and such patient care costs as are
                required for research.
                    ``(C) Availability and access.--The extent to which
                a center can demonstrate availability and access to
                clinical services shall be considered by the Secretary
                in decisions about awarding grants and contracts to
                applicants which meet the scientific criteria for
                funding under this subsection.
            ``(4) Organization of collaborative research centers for
        tourette syndrome.--
                    ``(A) In general.--A center under paragraph (1)
                may--
                            ``(i) use the facilities of a single
                        institution; or
                            ``(ii) be formed from a consortium of
                        cooperating institutions and patient advocacy
                        groups in order to maximize the scope of the
                        center's services and geographic coverage.
                    ``(B) Eligibility requirements.--To be eligible to
                make facilities so available (as described in
                subparagraph (A)(i)) or participate in such a
                consortium (as described in subparagraph (A)(ii)), an
                institution or group shall meet such requirements as
                the Secretary may prescribe.
            ``(5) Number of centers; duration of support.--
                    ``(A) In general.--Subject to the availability of
                appropriations, the Secretary shall provide for the
                establishment of not fewer than 4 and not more than 6
                centers under paragraph (1).
                    ``(B) Geographical distribution.--The Secretary
                shall--
                            ``(i) ensure that each of the centers
                        established under paragraph (1) is located in a
                        different region of the United States than
                        other such centers; and
                            ``(ii) encourage the formation of such
                        centers from a consortium of entities (as
                        described in paragraph (4)(A)(ii)) covering
                        multiple regions or States.
                    ``(C) Duration.--Support for a center established
                under paragraph (1) may be provided under this section
                for a period not to exceed 5 years. Such period may be
                extended for one or more additional periods not
                exceeding 5 years if the operations of such center have
                been reviewed and approved by an appropriate technical
                and scientific peer review group established by the
                Secretary and if such group has recommended to the
                Secretary that such period should be extended.
    ``(d) Research on Symptomology and Treatment.--In carrying out
subsection (a), the Secretary shall award grants on a competitive,
peer-reviewed basis for research on--
            ``(1) the full range of symptomology within the Tourette
        syndrome clinical spectrum; and
            ``(2) the efficacy of treatment options for particular
        patient subpopulations.
    ``(e) Funding.--Of the amounts made available to carry out the
programs and activities of the National Institutes of Health for a
fiscal year, the Secretary shall designate a portion of such amounts
for carrying out the programs and activities of the National Institutes
of Health with respect to Tourette syndrome.''.

Output: Collaborative Academic Research Efforts for Tourette Syndrome Act of 2017 This bill amends the Public Health Service Act to require the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH research on Tourette syndrome. The NIH must: (1) develop a system to collect data on Tourette syndrome, including epidemiological information and data on the availability of medical and social services for individuals with Tourette syndrome and their families; (2) support Collaborative Research Centers for Tourette Syndrome to conduct basic and clinical research; (3) award grants for research on Tourette syndrome symptoms and treatment options for particular patient subpopulations; (4) designate funding to carry out Tourette syndrome programs and activities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Breast Cancer License Plate Matching
Grant Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds as follows:
            (1) During 2001, 182,800 new cases of female invasive
        breast cancer will be diagnosed, and 40,800 women will die from
        the disease. In addition, 1,400 male cases are projected to be
        diagnosed, and 400 men will die from the disease.
            (2) Breast cancer is the second leading cause of cancer
        death among all women and the leading cause of cancer death
        among women between ages 40 and 55.
            (3) Breast cancer is the most common form of cancer among
        women, excluding skin cancers.
            (4) Each year thousands of women and men who cannot afford
        treatment are diagnosed with breast cancer.
            (5) Early detection of breast cancer is the best
        protection. However, there is no benefit of early detection if
        adequate treatment cannot be obtained.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To promote the creation of specialized license plates
        for breast cancer awareness and research or treatment programs
        by providing matching grants to States that develop and fund
        such license plate programs.
            (2) To provide an incentive for States to develop a program
        similar to the Breast Cancer License Plate program in
        California, which authorizes special breast cancer license
        plates for an increased fee with a portion of that fee being
        expended to assist low-income breast cancer victims in
        affording treatment or to increase research funding.
            (3) To continue the partnerships among the Federal
        Government, State governments, and individuals in raising
        awareness about breast cancer among all Americans.

SEC. 3. MATCHING GRANTS FOR ESTABLISHMENT OF STATE LICENSE PLATE
              PROGRAMS REGARDING BREAST CANCER.

    (a) In General.--The Secretary of Health and Human Services may
make grants to States for the purpose of assisting the States with the
costs of establishing programs under which--
            (1) the State involved develops a vehicle license plate
        that displays a message devised by the State to indicate
        support for programs that respond to the problem of breast
        cancer;
            (2) from fees paid by residents of the State for such
        license plates, the State reserves funds for the purpose
        described in subsection (b); and
            (3) the State carries out activities to make residents of
        the State aware of the license plate and the relationship
        between the license plate and breast cancer programs.
    (b) Funding for Breast Cancer Programs.--The purpose referred to in
subsection (a)(2) is providing funds to public or private entities for
any or all of the following:
            (1) To assist individuals who have breast cancer in paying
        the costs of receiving treatment for the cancer.
            (2) To carry out programs of research regarding the
        prevention or treatment of breast cancer.
            (3) To carry out activities to educate the public on breast
        cancer.
    (c) Matching Funds.--
            (1) In general.--With respect to the costs of the program
        to be carried out by a State with a grant under subsection (a),
        the Secretary may make such a grant only if the State agrees to
        make available (directly or through donations from public or
        private entities) non-Federal contributions toward such costs
        in an amount that is not less than 50 percent of such costs ($1
        for each $1 provided in the grant).
            (2) Determination of amount contributed.--Non-Federal
        contributions required in paragraph (1) may be in cash or in
        kind, fairly evaluated, including plant, equipment, or
        services. Amounts provided by the Federal Government, or
        services assisted or subsidized to any significant extent by
        the Federal Government, may not be included in determining the
        amount of such non-Federal contributions.
    (d) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
    (e) Limitation.--A State may not receive more than one grant under
subsection (a).
    (f) Definitions.--For purposes of this section:
            (1) The term `Secretary' means the Secretary of Health and
        Human Services.
            (2) The term ``State'' means each of the several States,
        the District of Columbia, the Commonwealth of Puerto Rico,
        American Samoa, Guam, the Commonwealth of the Northern Mariana
        Islands, and the Virgin Islands.
    (g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2002 through 2004.

Output: Breast Cancer License Plate Matching Grant Act of 2001 - Directs the Secretary of Health and Human Services to make grants to States for the purpose of assisting the States with the costs of establishing programs under which: (1) the State involved develops a vehicle license plate that displays a message devised by the State to indicate support for programs that respond to the problem of breast cancer; (2) from fees paid by residents of the State for such license plates, the State reserves funds for assisting individuals who have breast cancer in paying the costs of receiving treatment for the cancer, carrying out programs of research regarding the prevention or treatment of breast cancer, and carrying out activities to educate the public on breast cancer; and (3) the State carries out activities to make residents of the State aware of the license plate and the relationship between the license plate and breast cancer programs.Provides for matching funds and authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Diabetes Self-Management
Training Act of 2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Diabetes is widely recognized as one of the top public
        health threats currently facing the United States.
        Approximately 21,000,000 people in the United States are
        currently living with diabetes, and another 54,000,000 people
        in the United States have pre-diabetes, dramatically raising
        their risk of developing diabetes, heart disease, and stroke.
        Diabetes is the 6th leading cause of death in the United
        States, causing at least 224,000 deaths annually. The
        prevalence of the most common type of diabetes has tripled in
        the last 30 years, and approximately 2,200 people are diagnosed
        with diabetes each day.
            (2) Diabetes self-management training, also called diabetes
        education, provides critical knowledge and skills training to
        patients with diabetes, helping them identify barriers,
        facilitate problem solving, and develop coping skills to
        effectively manage their diabetes. A certified diabetes
        educator is a health care professional, often a nurse,
        dietitian, or pharmacist, who specializes in helping people
        with diabetes develop the self-management skills needed to stay
        healthy and avoid costly acute complications and emergency
        care, as well as debilitating secondary conditions caused by
        diabetes.
            (3) Diabetes self-management training has been proven
        effective in helping to reduce the risks and complications of
        diabetes. In 2002, the Diabetes Prevention Program study
        conducted by the National Institutes of Health and the Centers
        for Disease Control and Prevention found that participants (all
        of whom were at increased risk of developing type 2 diabetes)
        who made lifestyle changes reduced their risk of getting type 2
        diabetes by 58 percent. Lifestyle intervention worked in all of
        the groups but it worked particularly well in people aged 60
        and older, reducing the development of diabetes by 71 percent.
        Similarly, studies have found that patients under the care of a
        certified diabetes educator are better able to control their
        diabetes and report improvement in their health status.
            (4) Lifestyle changes, such as those taught by certified
        diabetes educators, directly contribute to better glycemic
        control and reduced complications from diabetes. Evidence shows
        that the potential for prevention of the most serious medical
        complications caused by diabetes to be as high as 90 percent
        (blindness), 85 percent (amputations), and 50 percent (heart
        disease and stroke) with proper medical treatment and active
        self-management.
            (5) There are currently more than 20,000 diabetes educators
        in the United States, most of whom are certified diabetes
        educators credentialed by the National Certification Board for
        Diabetes Educators. Eligibility for certification as a diabetes
        educator by the National Certification Board for Diabetes
        Educators requires prerequisite qualifying professional
        credentials in specific health care professions and
        professional practice experience that includes a minimum number
        of hours and years of experience in diabetes self-management
        training. Diabetes educators certified by the National
        Certification Board for Diabetes Educators must also pass a
        rigorous national examination and periodically renew their
        credentials. Diabetes educators certified by the National
        Certification Board for Diabetes Educators, and licensed by a
        State as a health professional, are uniquely qualified to
        provide diabetes self-management training under the Medicare
        program.

SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS CERTIFIED
              PROVIDERS FOR PURPOSES OF MEDICARE DIABETES OUTPATIENT
              SELF-MANAGEMENT TRAINING SERVICES.

    (a) In General.--Section 1861(qq) of the Social Security Act (42
U.S.C. 1395x(qq)) is amended--
            (1) in paragraph (1), by inserting ``or by a certified
        diabetes educator (as defined in paragraph (3))'' after
        ``paragraph (2)(B)''; and
            (2) by adding at the end the following new paragraphs:
            ``(3) For purposes of paragraph (1), the term `certified
        diabetes educator' means an individual who--
                    ``(A) is licensed or registered by the State in
                which the services are performed as a health care
                professional;
                    ``(B) specializes in teaching individuals with
                diabetes to develop the necessary skills and knowledge
                to manage the individual's diabetic condition; and
                    ``(C) is certified as a diabetes educator by a
                recognized certifying body (as defined in paragraph
                (4)).
            ``(4)(A) For purposes of paragraph (3)(B), the term
        `recognized certifying body' means--
                    ``(i) the National Certification Board for Diabetes
                Educators, or
                    ``(ii) a certifying body for diabetes educators,
                which is recognized by the Secretary as authorized to
                grant certification of diabetes educators for purposes
                of this subsection pursuant to standards established by
                the Secretary,
                if the Secretary determines such Board or body,
                respectively, meets the requirement of subparagraph
                (B).
            ``(B) The National Certification Board for Diabetes
        Educators or a certifying body for diabetes educators meets the
        requirement of this subparagraph, with respect to the
        certification of an individual, if the Board or body,
        respectively, is incorporated and registered to do business in
        the United States and requires as a condition of such
        certification each of the following:
                    ``(i) The individual has a qualifying credential in
                a specified health care profession.
                    ``(ii) The individual has professional practice
                experience in diabetes self-management training that
                includes a minimum number of hours and years of
                experience in such training.
                    ``(iii) The individual has successfully completed a
                national certification examination offered by such
                entity.
                    ``(iv) The individual periodically renews
                certification status following initial
                certification.''.
    (b) GAO Study and Report.--
            (1) Study.--The Comptroller General of the United States
        shall conduct a study to identify the barriers that exist for
        Medicare beneficiaries with diabetes in accessing diabetes
        self-management training services under the Medicare program,
        including economic and geographic barriers and availability of
        appropriate referrals and access to adequate and qualified
        providers.
            (2) Report.--Not later than 1 year after the date of the
        enactment of this Act, the Comptroller General of the United
        States shall submit to Congress a report on the study conducted
        under paragraph (1).
    (c) AHRQ Development of Recommendations for Outreach Methods and
Report.--
            (1) Development of recommendations.--The Director of the
        Agency for Healthcare Research and Quality shall, through use
        of a workshop and other appropriate means, develop a series of
        recommendations on effective outreach methods to educate
        primary care physicians and the public about the benefits of
        diabetes self-management training in order to promote better
        health outcomes for patients with diabetes.
            (2) Report.--Not later than 1 year after the date of the
        enactment of this Act, the Director of the Agency for
        Healthcare Research and Quality shall submit to Congress a
        report on the recommendations developed under paragraph (1).
    (d) Effective Date.--The amendments made by subsection (a) shall
apply to diabetes outpatient self-management training services
furnished on or after the first day of the first calendar year that is
at least 6 months after the date of the enactment of this Act.

Output:
Medicare Diabetes Self-Management Training Act of 2007- Amends title XVIII (Medicare) of the Social Security Act to provide for the recognition of state- licensed or registered health care professionals who are certified diabetes educators as Medicare providers of diabetes outpatient self-management training services.

Directs the Comptroller General to study and report to Congress on the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program.

Directs the Director of the Agency for Health Care Research and Quality to develop a series of recommendations on effective outreach methods to educate primary care physicians and the public about the benefits of diabetes self-management training.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spectrum Inventory and Auction Act
of 2011''.

SEC. 2. INVENTORY OF BROADBAND SPECTRUM.

    Part B of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 921 et seq.) is
amended by adding at the end the following new section:

``SEC. 119. INVENTORY OF BROADBAND SPECTRUM.

    ``(a) In General.--The Assistant Secretary and the Commission shall
conduct an inventory of each broadband radio spectrum band of
frequencies listed in the United States Table of Frequency Allocations.
Such inventory shall include--
            ``(1) the radio services authorized to operate in each band
        of frequencies;
            ``(2) the identity of each Federal or non-Federal user
        within each such radio service authorized to operate in each
        band of frequencies;
            ``(3) the activities, capabilities, functions, or missions
        (including whether such activities, capabilities, functions, or
        missions are space-based, air-based, or ground-based) supported
        by the transmitters, end-user terminals or receivers, or other
        radio frequency devices authorized to operate in each band of
        frequencies;
            ``(4) the total amount of spectrum, by band of frequencies,
        assigned or licensed to each Federal or non-Federal user (in
        percentage terms and in sum) and the geographic areas covered
        by their respective assignments or licenses;
            ``(5) the approximate number of transmitters, end-user
        terminals or receivers, or other radio frequency devices
        authorized to operate, as appropriate to characterize the
        extent of use of each radio service in each band of
        frequencies;
            ``(6) an approximation of the extent to which each Federal
        or non-Federal user is using, by geography, each band of
        frequencies, such as the amount and percentage of time of use,
        number of end users, or other measures as appropriate to the
        particular band and radio service; and
            ``(7) to the greatest extent possible--
                    ``(A) contour maps or other information that
                illustrate the coverage area, receiver performance, and
                other parameters relevant to an assessment of the
                availability of spectrum in each band;
                    ``(B) for each band or range of frequencies, the
                identity of each entity offering unlicensed services
                and the types and approximate number of unlicensed
                intentional radiators verified or certified by the
                Commission that are authorized to operate; and
                    ``(C) for non-Federal users, any commercial names
                under which facilities-based service is offered to the
                public using the spectrum of the non-Federal user,
                including the commercial names under which the spectrum
                is being offered through resale.
    ``(b) Updates of Inventory.--The Assistant Secretary and the
Commission shall make all reasonable efforts to update the inventory
conducted under subsection (a) on a quarterly basis, but in no event
shall the updates of the inventory be made less frequently than
semiannually.
    ``(c) Reports to Congress.--
            ``(1) Inventory reports.--Not later than December 31, 2011,
        and biennially thereafter, the Assistant Secretary and the
        Commission shall submit to the Committee on Commerce, Science,
        and Transportation of the Senate and to the Committee on Energy
        and Commerce of the House of Representatives a report
        containing--
                    ``(A) the results of the inventory conducted under
                subsection (a), including any updates to the
                information in the inventory pursuant to subsection
                (b);
                    ``(B) a description of any information the
                Assistant Secretary or the Commission determines is
                necessary for the inventory but that is unavailable;
                and
                    ``(C) a description of any information with respect
                to which the head of an Executive agency has notified
                the Assistant Secretary under subsection (e)(1)(A).
            ``(2) Relocation reports.--Not later than July 1, 2012, and
        biennially thereafter, the Assistant Secretary and the
        Commission shall submit to the Committee on Commerce, Science,
        and Transportation of the Senate and the Committee on Energy
        and Commerce of the House of Representatives a report
        containing a recommendation of which bands of frequencies
        inventoried under subsection (a), if any, should be reallocated
        or otherwise made available for shared access and an
        explanation of the basis for that recommendation.
    ``(d) Availability on Internet.--
            ``(1) In general.--Not later than March 31, 2012, the
        Assistant Secretary and the Commission shall make the inventory
        conducted under subsection (a) available to the public on an
        Internet website.
            ``(2) Updates.--Not later than 30 days after each update of
        the inventory under subsection (b), the Assistant Secretary and
        the Commission shall update the information posted on the
        Internet website under paragraph (1).
    ``(e) National Security Exception.--
            ``(1) In general.--
                    ``(A) Notification by agency head.--If the head of
                an Executive agency (as defined in section 105 of title
                5, United States Code) determines that public
                disclosure of certain information held by such agency
                or a licensee of non-Federal spectrum and required to
                be included in the inventory under subsection (a) would
                reveal classified national security information and
                such public disclosure would be detrimental to national
                security, the agency head shall notify the Assistant
                Secretary of that determination and shall include
                descriptions of the activities, capabilities,
                functions, or missions (including whether they are
                space-based, air-based, or ground-based) supported by
                the information being withheld.
                    ``(B) Information provided.--The agency head shall
                provide to the Assistant Secretary--
                            ``(i) the publicly releasable information
                        required by subsection (a);
                            ``(ii) to the maximum extent practicable, a
                        summary description, suitable for public
                        release, of the classified national security
                        information; and
                            ``(iii) a classified annex, under
                        appropriate cover, containing the classified
                        national security information that the agency
                        head has determined must be withheld from
                        public disclosure.
            ``(2) Additional disclosure.--The annex required under
        paragraph (1)(B)(iii) shall be provided to the congressional
        committees described in subsection (c)(1) but shall not be
        released to the public or provided to any unauthorized person
        through the website described in subsection (d) or any other
        means.
            ``(3) National security council consultation.--Prior to any
        public release of the inventory conducted under subsection (a),
        including submission of a report under subsection (c)(1) and
        the release of any information on the Internet under subsection
        (d), the Assistant Secretary and the Commission shall--
                    ``(A) make available to the National Security
                Council the information that the Assistant Secretary
                and the Commission plan to release to the public;
                    ``(B) allow the National Security Council not fewer
                than 30 days to identify information that should not be
                released to the public because such release would
                threaten national security; and
                    ``(C) not release to the public or provide to any
                unauthorized person through the website described in
                subsection (d) or any other means any information
                identified by the National Security Council under
                subparagraph (B).
    ``(f) Use of Agency Resources.--In conducting the inventory under
subsection (a), the Assistant Secretary and the Commission shall first
use NTIA and Commission resources, including existing databases, field
testing, and recordkeeping systems, and only request information from
Federal and non-Federal users if such information cannot be obtained
using such resources.''.

SEC. 3. VOLUNTARY INCENTIVE AUCTION REVENUE SHARING.

    (a) In General.--Section 309(j)(8) of the Communications Act of
1934 (47 U.S.C. 309(j)(8)) is amended--
            (1) in subparagraph (A), by striking ``(D), and (E),'' and
        inserting ``(D), (E), and (F),'';
            (2) in the first sentence of subparagraph (B), by inserting
        ``and except as provided in subparagraph (F)'' after
        ``subparagraph (A)'';
            (3) in subparagraph (C)(i), by inserting ``and subparagraph
        (F)'' after ``subparagraph (E)(ii)'';
            (4) in subparagraph (E)(ii), by inserting ``and except as
        provided in subparagraph (F)'' after ``Notwithstanding
        subparagraph (A)''; and
            (5) by adding at the end the following new subparagraph:
                    ``(F) Voluntary incentive auction revenue
                sharing.--
                            ``(i) In general.--Subject to clause (iv),
                        notwithstanding subparagraphs (A), (B), and
                        (E), if the Commission determines that it is
                        consistent with the public interest in
                        utilization of the spectrum for a licensee to
                        relinquish voluntarily some or all of its
                        licensed spectrum usage rights in order to
                        permit the assignment of new initial licenses
                        or the allocation of spectrum for unlicensed
                        use subject to new service rules, the proceeds
                        from the use of a competitive bidding system
                        under this subsection in granting such rights
                        to another licensee shall be shared, in an
                        amount or percentage that the Commission
                        considers appropriate and that is more than de
                        minimis, with the licensee who voluntarily
                        relinquished such rights.
                            ``(ii) Amounts not shared deposited in
                        treasury.--In any case in which a licensee
                        voluntarily relinquishes licensed spectrum
                        usage rights under clause (i), the Commission
                        shall deposit in the Treasury any portion of
                        the proceeds described in such clause that the
                        Commission does not share with the licensee.
                            ``(iii) Treatment of deposits of successful
                        bidders.--Notwithstanding subparagraph (C)(i),
                        in the case of a person who has paid a deposit
                        to bid in a system of competitive bidding used
                        to grant spectrum usage rights voluntarily
                        relinquished under clause (i) and who has been
                        granted such rights under such system, the
                        Commission may treat such deposit as proceeds
                        under this subparagraph if the Commission
                        considers it appropriate.
                            ``(iv) Authority contingent on completion
                        of broadband spectrum inventory.--The
                        Commission shall have no authority to auction
                        spectrum rights voluntarily relinquished in
                        accordance with clause (i) until the Assistant
                        Secretary of Commerce for Communications and
                        Information and the Commission submit the
                        initial report required by subsection (c)(1) of
                        section 119 of the National Telecommunications
                        and Information Administration Organization Act
                        (relating to the inventory of broadband
                        spectrum conducted under subsection (a) of such
                        section) and make such inventory available on
                        an Internet website (as required by subsection
                        (d)(1) of such section).''.
    (b) Federal Communications Commission Action.--Not later than 180
days after the date of enactment of this Act, the Federal
Communications Commission shall establish rules for the implementation
of voluntary incentive auction revenue sharing under subparagraph (F)
of section 309(j)(8) of the Communications Act of 1934, as added by
subsection (a)(5).
    (c) Prohibition on Federal Communications Commission Action.--The
Federal Communications Commission may not reclaim frequencies of
broadcast television licensees or any other licensees directly or
indirectly on an involuntary basis under subparagraph (F) of section
309(j)(8) of the Communications Act of 1934, as added by subsection
(a)(5).

SEC. 4. EXTENSION OF FCC AUCTION AUTHORITY.

    Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``2012'' and inserting ``2020''.

Output:
Spectrum Inventory and Auction Act of 2011 - Amends the National Telecommunications and Information Administration Organization Act to require the Assistant Secretary for Communications and Information at the Department of Commerce and the Federal Communications Commission (FCC) to: (1) inventory, at least semiannually, each broadband radio spectrum band of frequencies listed in the U.S. Table of Frequency Allocations, including the identity of each federal or non-federal user within each radio service authorized to operate in each band of frequencies, the activities and capabilities (whether space-, air-, or ground-based) supported by transmitters and other radio frequency devices, the total amount of spectrum and geographic coverage areas assigned or licensed to each user, and other specified information; and (2) make the inventory available to the public on an Internet website.

Directs the Assistant Secretary and the FCC to submit to Congress a biennial report containing a recommendation of which bands of inventoried frequencies, if any, should be reallocated or made available for shared access.

Sets forth exceptions for federal agencies to withhold certain national security information.

Amends the Communications Act of 1934 to provide that, if the FCC determines that it is consistent with the public interest in spectrum utilization (after a report of the initial inventory is submitted to Congress and made available on the Internet) for a licensee to voluntarily relinquish licensed spectrum usage rights to permit the assignment of new initial licenses or the allocation of spectrum for unlicensed use subject to new service rules, the proceeds from granting such rights to another licensee under an appropriate competitive bidding system must be shared, in a more than de minimis amount that the FCC considers appropriate, with the licensee who voluntarily relinquished such rights.

Directs the FCC to establish rules for such voluntary incentive auction revenue sharing.

Prohibits the FCC from reclaiming frequencies of any licensees on an involuntary basis for certain licensing purposes.

Extends the FCC's authority to grant a license or permit under the applicable competitive bidding provisions to September 30, 2020.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reduce and End our
Deficits Using Commonsense Eliminations in the Agriculture Program
Act''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Termination of Federal commodity storage payments on behalf of
                            cotton and peanut producers.
Sec. 3. Termination of Forest Service Economic Action Program.
Sec. 4. Termination of authority to provide grants to manufacturers of
                            worsted wool fabrics.
Sec. 5. Termination of Department of Agriculture health care services
                            program for the Delta region.
Sec. 6. Termination of authority to provide energy generation,
                            transmission, and distribution facilities
                            efficiency grants and loans in rural
                            communities with extremely high energy
                            costs.
Sec. 7. Revised adjusted gross income limitations for receipt of direct
                            payments, counter-cyclical payments,
                            marketing loan gains, loan deficiency
                            payments, and other agricultural payments
                            or benefits.
Sec. 8. Imposition of new limits on payments to producers of certain
                            agricultural commodities.
Sec. 9. One percent reduction in payment acres for commodity programs.
Sec. 10. Reduction in funding for market access program.
Sec. 11. Reduction in reimbursement rate paid to private insurance
                            companies under crop insurance program.
Sec. 12. Prohibition on timber sales in the Southwestern, Pacific
                            Southwest, and Alaska regions of the
                            National Forest System, where Federal
                            expenditures for sales have been
                            significantly higher than offsetting
                            receipts.

SEC. 2. TERMINATION OF FEDERAL COMMODITY STORAGE PAYMENTS ON BEHALF OF
              COTTON AND PEANUT PRODUCERS.

    (a) Cotton.--Section 1204 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8734) is amended by striking subsection (g).
    (b) Peanuts.--Section 1307(a) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8757(a)) is amended by striking paragraph (6).

SEC. 3. TERMINATION OF FOREST SERVICE ECONOMIC ACTION PROGRAM.

    The Secretary of Agriculture shall terminate the Economic Action
Program administered by the Forest Service, which provides technical
and financial assistance to communities and groups to enhance rural
economies through the utilization of forest and related natural
resources.

SEC. 4. TERMINATION OF AUTHORITY TO PROVIDE GRANTS TO MANUFACTURERS OF
              WORSTED WOOL FABRICS.

    Section 4002(c) of the Wool Suit and Textile Trade Extension Act of
2004 (Public Law 108-429; 7 U.S.C. 7101 note) is amended by striking
paragraph (6).

SEC. 5. TERMINATION OF DEPARTMENT OF AGRICULTURE HEALTH CARE SERVICES
              PROGRAM FOR THE DELTA REGION.

    Section 379G of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008u) is repealed.

SEC. 6. TERMINATION OF AUTHORITY TO PROVIDE ENERGY GENERATION,
              TRANSMISSION, AND DISTRIBUTION FACILITIES EFFICIENCY
              GRANTS AND LOANS IN RURAL COMMUNITIES WITH EXTREMELY HIGH
              ENERGY COSTS.

    Section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a)
is repealed.

SEC. 7. REVISED ADJUSTED GROSS INCOME LIMITATIONS FOR RECEIPT OF DIRECT
              PAYMENTS, COUNTER-CYCLICAL PAYMENTS, MARKETING LOAN
              GAINS, LOAN DEFICIENCY PAYMENTS, AND OTHER AGRICULTURAL
              PAYMENTS OR BENEFITS.

    (a) Non-Farm Income Limitation for Commodity Programs.--Section
1001D(b)(1)(A) of the Food Security Act of 1985 (7 U.S.C. 1308-
3a(b)(1)(A)) is amended by striking ``$500,000'' and inserting ``the
following:
                            ``(i) $500,000, during the 2009 through
                        2010 crop, program, or fiscal years, as
                        appropriate.
                            ``(ii) $420,000, during the 2011 crop,
                        program, or fiscal year, as appropriate.
                            ``(iii) $340,000, during the 2012 crop,
                        program, or fiscal year, as appropriate.
                            ``(iv) $250,000, during the 2013 and
                        subsequent crop, program, or fiscal years, as
                        appropriate.''.
    (b) Farm Income Limitation for Direct Payments.--Section
1001D(b)(1)(B) of the Food Security Act of 1985 (7 U.S.C. 1308-
3a(b)(1)(B)) is amended by striking ``$750,000'' and inserting ``the
following:
                            ``(i) $750,000, during the 2009 through
                        2010 crop years.
                            ``(ii) $670,000, during the 2011 crop year.
                            ``(iii) $590,000, during the 2012 crop
                        year.
                            ``(iv) $500,000, during the 2013 and
                        subsequent crop years.''.
    (c) Non-Farm Income Limitation for Conservation Programs.--Section
1001D(b)(2)(A) of the Food Security Act of 1985 (7 U.S.C. 1308-
3a(b)(2)(A)) is amended--
            (1) in clause (i), by striking ``$1,000,000'' and inserting
        ``the amount specified in clause (iii)''; and
            (2) by adding at the end the following new clause:
                            ``(iii) Declining limitation amounts.--For
                        purposes of clause (i), the following average
                        adjusted gross non-farm income limitations
                        apply:
                                    ``(I) $1,000,000, during the 2009
                                through 2010 crop, program, or fiscal
                                years, as appropriate.
                                    ``(II) $920,000, during the 2011
                                crop, program, or fiscal year, as
                                appropriate.
                                    ``(III) $840,000, during the 2012
                                crop, program, or fiscal year, as
                                appropriate.
                                    ``(IV) $750,000, during the 2013
                                and subsequent crop, program, or fiscal
                                years, as appropriate.''.

SEC. 8. IMPOSITION OF NEW LIMITS ON PAYMENTS TO PRODUCERS OF CERTAIN
              AGRICULTURAL COMMODITIES.

    (a) Covered Commodities Generally.--
            (1) Direct payments.--Section 1001(b)(1)(A) of the Food
        Security Act of 1985 (7 U.S.C. 1308(b)(1)(A)) is amended by
        striking ``$40,000'' and inserting ``$20,000''.
            (2) Counter-cyclical payments.--Section 1001(b)(2) of the
        Food Security Act of 1985 (7 U.S.C. 1308(b)(2)) is amended by
        striking ``$65,000'' and inserting ``$32,500''.
            (3) ACRE and counter-cyclical payments.--Section
        1001(b)(3)(A) of the Food Security Act of 1985 (7 U.S.C.
        1308(b)(3)(A)) is amended by striking ``$65,000'' and inserting
        ``$32,500''.
    (b) Peanuts.--
            (1) Direct payments.--Section 1001(c)(1)(A) of the Food
        Security Act of 1985 (7 U.S.C. 1308(c)(1)(A)) is amended by
        striking ``$40,000'' and inserting ``$20,000''.
            (2) Counter-cyclical payments.--Section 1001(c)(2) of the
        Food Security Act of 1985 (7 U.S.C. 1308(c)(2)) is amended by
        striking ``$65,000'' and inserting ``$32,500''.
            (3) ACRE and counter-cyclical payments.--Section
        1001(c)(3)(A) of the Food Security Act of 1985 (7 U.S.C.
        1308(c)(3)(A)) is amended by striking ``$65,000'' and inserting
        ``$32,500''.

SEC. 9. ONE PERCENT REDUCTION IN PAYMENT ACRES FOR COMMODITY PROGRAMS.

    (a) Covered Commodities Generally.--Section 1001 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8702) is amended by
striking paragraph (11) and inserting the following new paragraph:
            ``(11) Payment acres.--The term `payment acres' means--
                    ``(A) in the case of direct payments--
                            ``(i) for each of the 2009 and 2010 crop
                        years, 83.3 percent of the base acres for the
                        covered commodity on a farm on which direct
                        payments are made;
                            ``(ii) for the 2011 crop year, 82.3 percent
                        of the base acres for the covered commodity on
                        a farm on which direct payments are made; and
                            ``(iii) for the 2012 crop year, 84 percent
                        of the base acres for the covered commodity on
                        a farm on which direct payments are made; and
                    ``(B) in the case of counter-cyclical payments--
                            ``(i) for each of the 2009 and 2010 crop
                        years, 85 percent of the base acres for the
                        covered commodity on a farm on which counter-
                        cyclical payments are made; and
                            ``(ii) for each of the 2011 and 2012 crop
                        years, 84 percent of the base acres for the
                        covered commodity on a farm on which counter-
                        cyclical payments are made.''.
    (b) Peanuts.--Section 1301 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8751) is amended by striking paragraph (5) and
inserting the following new paragraph:
            ``(5) Payment acres.--The term `payment acres' means--
                    ``(A) in the case of direct payments--
                            ``(i) for each of the 2009 and 2010 crop
                        years, 83.3 percent of the base acres of
                        peanuts on a farm on which direct payments are
                        made;
                            ``(ii) for the 2011 crop year, 82.3 percent
                        of the base acres of peanuts on a farm on which
                        direct payments are made; and
                            ``(iii) for the 2012 crop year, 84 percent
                        of the base acres of peanuts on a farm on which
                        direct payments are made; and
                    ``(B) in the case of counter-cyclical payments--
                            ``(i) for each of the 2009 and 2010 crop
                        years, 85 percent of the base acres of peanuts
                        on a farm on which counter-cyclical payments
                        are made; and
                            ``(ii) for each of the 2011 and 2012 crop
                        years, 84 percent of the base acres of peanuts
                        on a farm on which counter-cyclical payments
                        are made.''.

SEC. 10. REDUCTION IN FUNDING FOR MARKET ACCESS PROGRAM.

    Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7
U.S.C. 5641(c)(1)(A)) is amended by striking ``and $200,000,000 for
each of fiscal years 2008 through 2012'' and inserting ``$200,000,000
for each of fiscal years 2008 through 2010, and $160,000,000 for each
of fiscal years 2011 and 2012''.

SEC. 11. REDUCTION IN REIMBURSEMENT RATE PAID TO PRIVATE INSURANCE
              COMPANIES UNDER CROP INSURANCE PROGRAM.

    Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k))
is amended--
            (1) in subparagraph (A), by striking clauses (i) and (ii)
        and inserting the following new clauses:
                            ``(i) for the 1998 reinsurance year, 27
                        percent of the premium used to define loss
                        ratio;
                            ``(ii) for each of the 1999 through 2010
                        reinsurance years, 24.5 percent of the premium
                        used to define loss ratio; and
                            ``(iii) for each of the 2011 and subsequent
                        reinsurance years, 20.9 percent of the premium
                        used to define loss ratio.'';
            (2) by striking subparagraph (E); and
            (3) by redesignating subparagraph (F) as subparagraph (E),
        and in such subparagraph, by striking ``subparagraphs (A)
        through (E)'' and inserting ``subparagraphs (A) through (D)''.

SEC. 12. PROHIBITION ON TIMBER SALES IN THE SOUTHWESTERN, PACIFIC
              SOUTHWEST, AND ALASKA REGIONS OF THE NATIONAL FOREST
              SYSTEM, WHERE FEDERAL EXPENDITURES FOR SALES HAVE BEEN
              SIGNIFICANTLY HIGHER THAN OFFSETTING RECEIPTS.

    The Secretary of Agriculture may not conduct, or authorize others
to conduct, any timber sale under section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a) in the Southwestern, Pacific
Southwest, or Alaska region of the National Forest System, where
Federal expenditures to support timber sales have been significantly
higher than offsetting receipts, until the Secretary certifies to
Congress that timber sales in the region will generate receipts at
least equal to Federal expenditures to support the sales.

Output:
Reduce and End our Deficits Using Commonsense Eliminations in the Agriculture Program Act - Amends the Food, Conservation, and Energy Act of 2008 to terminate cotton and peanut storage payments.

Directs the Secretary of Agriculture (USDA) to terminate the Forest Service's Economic Action Program.

Amends the Wool Suit and Textile Trade Extension Act of 2004 to terminate the grant program for manufacturers of worsted wool fabrics.

Amends the Consolidated Farm and Rural Development Act to terminate the Delta region health care services program.

Amends the Rural Electrification Act of 1936 to terminate the grant and loan program for energy generation, transmission, and distribution facilities efficiency in rural communities with extremely high energy costs.

Amends the Food Security Act of 1985 to revise income eligibility limitations for: (1) commodity program non-farm income; (2) direct payment farm income; and (3) conservation program non-farm income.

Reduces crop year payment limits for covered commodity and peanut: (1) direct payments; (2) counter-cyclical payments; and (3) average crop revenue election (ACRE)/counter-cyclical payments.

Amends the Food, Conservation, and Energy Act of 2008 to revise the definition of "payment acres" for covered commodity and peanut direct and counter-cyclical payments.

Amends the Agricultural Trade Act of 1978 to reduce additional FY2011 and FY2012 funding for the market access program.

Amends the Federal Crop Insurance Act to reduce the reimbursement rate beginning in FY2011 for private insurance providers under the crop insurance program.

Prohibits the Secretary from conducting timber sales in the Southwestern, Pacific Southwest, or Alaska region of the National Forest System where federal expenditures to support timber sales have been significantly higher than offsetting receipts until the Secretary certifies to Congress that timber sales in the region will generate receipts at least equal to supporting federal expenditures.