Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Remote Monitoring Services
Coverage Act of 2001''.

SEC. 2. COVERAGE OF REMOTE MONITORING SERVICES.

    (a) In General.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (U);
            (2) by inserting ``and'' at the end of subparagraph (V);
        and
            (3) by inserting after subparagraph (V) the following new
        subparagraph:
            ``(W) remote monitoring services that are--
                    ``(i) determined by the Secretary to provide
                comparable data to face-to-face encounter-based
                monitoring services (as such terms are defined in
                subsection (ww)); and
                    ``(ii) provided to an individual who would
                otherwise be entitled to receive coverage under this
                title of the face-to-face encounter-based monitoring
                service that the Secretary determines under clause (i)
                to provide comparable data to the remote monitoring
                service;''.
    (b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the following new
subsection:

                      ``remote monitoring services

    ``(ww)(1) The term `remote monitoring services' means any service
provided through a system of technology that allows the collection of
clinical data and the transmission of such data between a patient at a
distant location and a physician through a remote interface so that the
physician may conduct a clinical review of such data or provide a
response relating to such data.
    ``(2) The term `face-to-face encounter-based monitoring services'
means any in-office or facility-based service for which payment may be
made under this title with a code that is specific to the collection of
clinical data and the transmission of such data between a patient and a
physician so that the physician may conduct a clinical review of such
data or provide a response relating to such data.
    ``(3) For purposes of this subsection, the term `distant location'
means any location that is outside of the office or the facility of the
patient's physician.
    ``(4) Coverage of remote monitoring services under this title with
respect to an individual may not be restricted based on the geographic
area of residence of the individual.''.
    (c) Payment Under Physician Fee Schedule.--Section 1848 of the
Social Security Act (42 U.S.C. 1395w-4) is amended--
            (1) in subsection (c), by adding at the end the following
        new paragraph:
            ``(7) Treatment of remote monitoring services.--
                    ``(A) Conversion factor and relative value units.--
                The Secretary may not decrease the conversion factor or
                the number of relative value units applicable to a
                remote monitoring service (as defined in section
                1861(ww)(1)) covered under this title pursuant to
                section 1861(s)(2)(W) from the conversion factor or the
                number of relative value units applicable to the face-
                to-face encounter-based monitoring service (as defined
                in section 1861(ww)(2)) that the Secretary determines
                provides comparable data to such remote monitoring
                service.
                    ``(B) Frequency guidelines.--A remote monitoring
                service (as so defined) covered under this title
                pursuant to section 1861(s)(2)(W) shall be subject to
                the same guidelines developed on the frequency of
                billing for the face-to-face encounter-based monitoring
                service (as so defined) that the Secretary determines
                provides comparable data to such remote monitoring
                service.''; and
            (2) in subsection (j)(3), by inserting ``(2)(W),'' after
        ``(2)(S),''.
    (d) Budget Neutrality.--The Secretary of Health and Human Services
shall implement the amendments made by this section in a budget-neutral
manner. In applying subparagraph (D) of section 1848(f)(2) of the
Social Security Act, the enactment of this section shall not be treated
as a change in law or regulations resulting, but the Secretary shall
adjust the sustainable growth rate under such section so as to
eliminate a new increase in expenditures (if any) resulting from the
enactment of this section.
    (e) Construction.--Nothing in this section shall be construed to
prohibit the request for, or the issuance by the Secretary of Health
and Human Services of, a separate billing code for any remote
monitoring service (as defined in section 1861(ww)(1) of the Social
Security Act (42 U.S.C. 1395x(ww)(1)), as added by subsection (b))
through an authority of the Secretary of Health and Human Services
other than the authority provided by the amendments made by this
section.
    (f) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2003.

Output: Medicare Remote Monitoring Services Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for coverage of remote monitoring services under Medicare.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mortgage Foreclosure Rescue and Loan
Modification Services Fraud Prevention Act of 2009''.

SEC. 2. FTC RULEMAKING AUTHORITY MORTGAGE FORECLOSURE RESCUE AND LOAN
              MODIFICATION SERVICES.

    (a) Rulemaking.--
            (1) In general.--The Federal Trade Commission shall conduct
        a rulemaking proceeding, beginning no later than 90 days after
        the date of the enactment of this Act, with respect to mortgage
        foreclosure rescue and loan modification services, in
        accordance with section 553 of title 5, United States Code. The
        rulemaking shall include the requirements set forth in
        paragraph (4) below.
            (2) Exclusion.--A rule described in paragraph (1) shall not
        apply to an entity that is not subject to enforcement by the
        Commission under the Federal Trade Commission Act.
            (3) Enforcement.--
                    (A) Violations.--Any violation of a rule prescribed
                under this subsection shall be treated as a violation
                of a rule under section 18 of the Federal Trade
                Commission Act (15 U.S.C. 57a) regarding unfair or
                deceptive acts or practices.
                    (B) Powers and manner of enforcement.--The Federal
                Trade Commission shall enforce any rule prescribed
                under this subsection in the same manner, by the same
                means, and with the same jurisdiction, powers, and
                duties as though all applicable terms and provisions of
                the Federal Trade Commission Act were incorporated into
                and made part of this section.
            (4) Rule requirements.--The Federal Trade Commission shall
        include in the rule prescribed under this subsection the
        following:
                    (A) A requirement that any mortgage foreclosure
                rescue or loan modification service provided to a
                homeowner related to the foreclosure of residential
                real property contain a written contract that contains
                clear and prominent disclosures regarding the nature of
                the contract, the services to be provided and results
                to be achieved, and the total amount and terms of
                compensation.
                    (B) A requirement that any contract referred to in
                subparagraph (A) contain a clearly and prominently
                disclosed right for the homeowner to cancel within a
                set number of business days as determined by the
                Federal Trade Commission with no penalty or obligation.
                    (C) A requirement that prohibits or restricts
                mortgage foreclosure rescue and loan modification
                services from requesting or receiving any funds until
                any such services have been fully performed and results
                have been achieved and the services and results have
                been documented to the consumer.
                    (D) Other prohibitions or restrictions on mortgage
                foreclosure rescue and loan modification services that
                are unfair or deceptive acts or practices.
            (5) Exemption.--The Commission shall have the authority to
        exempt entities from the requirements of the rule that it
        issues to implement this Act, if it determines that the
        inclusion of such entities in the rule is not necessary to
        prevent or deter consumer injury.
            (6) No preemption.--No rule prescribed under this
        subsection may be construed as preempting any provision of the
        law of any State.
    (b) Enforcement by State Attorneys General.--
            (1) In general.--Except as provided in paragraph (6), in
        any case in which the attorney general of a State has reason to
        believe that an interest of the residents of that State has
        been or is threatened or adversely affected by the engagement
        of any person in a practice that violates a rule prescribed
        under subsection (a), the State, as parens patriae, may bring a
        civil action on behalf of the residents of the State in an
        appropriate district court of the United States or other court
        of competent jurisdiction to--
                    (A) enjoin that practice;
                    (B) enforce compliance with the rule;
                    (C) obtain damages, restitution, or other
                compensation on behalf of residents of the State;
                    (D) obtain penalties provided for under subsection
                (a); and
                    (E) obtain such other relief as the court may
                consider to be appropriate.
            (2) Notice.--
                    (A) Notice to commission.--The State shall serve
                written notice to the Commission of any civil action
                under paragraph (1) at least 60 days prior to
                initiating such civil action.
                    (B) Copy of complaint.--The notice served under
                subparagraph (A) shall include a copy of the complaint
                to be filed to initiate such civil action, except that
                if it is not feasible for the State to provide such
                prior notice, the State shall provide notice
                immediately upon instituting such civil action.
            (3) Intervention by ftc.--Upon receiving the notice
        required by paragraph (2), the Commission may intervene in such
        civil action and upon intervening--
                    (A) be heard on all matters arising in such civil
                action;
                    (B) remove the action to the appropriate United
                States district court; and
                    (C) file petitions for appeal of a decision in such
                civil action.
            (4) Savings clause.--No provision of this section shall be
        construed as--
                    (A) preventing the attorney general of a State from
                exercising the powers conferred on the attorney general
                by the laws of such State to conduct investigations or
                to administer oaths or affirmations or to compel the
                attendance of witnesses or the production of
                documentary and other evidence; or
                    (B) prohibiting the attorney general of a State, or
                other authorized State officer, from proceeding in
                State or Federal court on the basis of an alleged
                violation of any civil or criminal statute of that
                State.
            (5) Venue; service of process; joinder.--In a civil action
        brought under paragraph (1)--
                    (A) the venue shall be a judicial district in which
                the defendant or a related party is found, is an
                inhabitant, or transacts business, or wherever venue is
                proper under section 1391 of title 28, United States
                Code;
                    (B) process may be served without regard to the
                territorial limits of the district or of the State in
                which the civil action is instituted; and
                    (C) a person who participated with the defendant or
                a related party in an alleged violation that is being
                litigated in the civil action may be joined in the
                civil action without regard to the residence of the
                person.
            (6) Preemptive action by ftc.--Whenever a civil action or
        an administrative action has been instituted by or on behalf of
        the Commission for violation of any rule described under
        paragraph (1), no State may, during the pendency of such action
        instituted by or on behalf of the Commission, institute a civil
        action under paragraph (1) against any defendant named in the
        complaint in such action for violation of any rule as alleged
        in such complaint.
            (7) Award of costs and fees.--If the attorney general of a
        State prevails in any civil action under paragraph (1), the
        State may recover reasonable costs and attorney fees from the
        defendant or a related party.

Output:
Mortgage Foreclosure Rescue and Loan Modification Services Fraud Prevention Act of 2009 - Directs the Federal Trade Commission (FTC) to conduct a rulemaking proceeding with respect to mortgage foreclosure rescue and loan modification services.

Directs the FTC to include in the rule, among other things, requirements that: (1) any residential real property mortgage foreclosure rescue or loan modification service provided to a homeowner contain a written contract meeting specified criteria; (2) any such contract contain a clearly and prominently disclosed right for the homeowner to cancel within a set number of business days with no penalty or obligation; and (3) prohibits or restricts mortgage foreclosure rescue and loan modification services from requesting or receiving any funds until any such services have been fully performed, results have been achieved, and both have been documented to the consumer.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom of Choice Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States was founded on core principles, such
        as liberty, personal privacy, and equality, which ensure that
        individuals are free to make their most intimate decisions
        without governmental interference and discrimination.
            (2) One of the most private and difficult decisions an
        individual makes is whether to begin, prevent, continue, or
        terminate a pregnancy. Those reproductive health decisions are
        best made by women, in consultation with their loved ones and
        health care providers.
            (3) In 1965, in Griswold v. Connecticut (381 U.S. 479), and
        in 1973, in Roe v. Wade (410 U.S. 113) and Doe v. Bolton (410
        U.S. 179), the Supreme Court recognized that the right to
        privacy protected by the Constitution encompasses the right of
        every woman to weigh the personal, moral, and religious
        considerations involved in deciding whether to begin, prevent,
        continue, or terminate a pregnancy.
            (4) The Roe v. Wade decision carefully balances the rights
        of women to make important reproductive decisions with the
        State's interest in potential life. Under Roe v. Wade and Doe
        v. Bolton, the right to privacy protects a woman's decision to
        choose to terminate her pregnancy prior to fetal viability,
        with the State permitted to ban abortion after fetal viability
        except when necessary to protect a woman's life or health.
            (5) These decisions have protected the health and lives of
        women in the United States. Prior to the Roe v. Wade decision
        in 1973, an estimated 1,200,000 women each year were forced to
        resort to illegal abortions, despite the risk of unsanitary
        conditions, incompetent treatment, infection, hemorrhage,
        disfiguration, and death. Before Roe, it is estimated that
        thousands of women died annually in the United States as a
        result of illegal abortions.
            (6) In countries in which abortion remains illegal, the
        risk of maternal mortality is high. According to the World
        Health Organization, of the approximately 600,000 pregnancy-
        related deaths occurring annually around the world, 80,000 are
        associated with unsafe abortions.
            (7) The Roe v. Wade decision also expanded the
        opportunities for women to participate equally in society. In
        1992, in Planned Parenthood v. Casey (505 U.S. 833), the
        Supreme Court observed that, ``[t]he ability of women to
        participate equally in the economic and social life of the
        Nation has been facilitated by their ability to control their
        reproductive lives.''.
            (8) Even though the Roe v. Wade decision has stood for more
        than 30 years, there are increasing threats to reproductive
        health and freedom emerging from all branches and levels of
        government. In 2006, South Dakota became the first State in
        more than 15 years to enact a ban on abortion in nearly all
        circumstances. Supporters of this ban have admitted it is an
        attempt to directly challenge Roe in the courts. Other States
        are considering similar bans.
            (9) Further threatening Roe, the Supreme Court recently
        upheld the first-ever Federal ban on abortion, which has no
        exception to protect a woman's health. The majority decision in
        Gonzales v. Carhart and Gonzales v. Planned Parenthood
        Federation of America permits the government to interfere with
        a woman's right to choose to terminate a pregnancy and
        effectively overturns a core tenet of Roe v. Wade by abandoning
        more than 30 years of protection for women's health. Dissenting
        in that case, Justice Ginsburg called the majority's opinion
        ``alarming,'' and stated that, ``[f]or the first time since
        Roe, the Court blesses a prohibition with no exception
        safeguarding a woman's health.'' Further, she said, the Federal
        ban ``and the Court's defense of it cannot be understood as
        anything other than an effort to chip away at a right declared
        again and again by this Court.''.
            (10) Legal and practical barriers to the full range of
        reproductive services endanger women's health and lives.
        Incremental restrictions on the right to choose imposed by
        Congress and State legislatures have made access to abortion
        care extremely difficult, if not impossible, for many women
        across the country. Currently, 87 percent of the counties in
        the United States have no abortion provider.
            (11) While abortion should remain safe and legal, women
        should also have more meaningful access to family planning
        services that prevent unintended pregnancies, thereby reducing
        the need for abortion.
            (12) To guarantee the protections of Roe v. Wade, Federal
        legislation is necessary.
            (13) Although Congress may not create constitutional rights
        without amending the Constitution, Congress may, where
        authorized by its enumerated powers and not prohibited by the
        Constitution, enact legislation to create and secure statutory
        rights in areas of legitimate national concern.
            (14) Congress has the affirmative power under section 8 of
        article I of the Constitution and section 5 of the 14th
        amendment to the Constitution to enact legislation to
        facilitate interstate commerce and to prevent State
        interference with interstate commerce, liberty, or equal
        protection of the laws.
            (15) Federal protection of a woman's right to choose to
        prevent or terminate a pregnancy falls within this affirmative
        power of Congress, in part, because--
                    (A) many women cross State lines to obtain
                abortions and many more would be forced to do so absent
                a constitutional right or Federal protection;
                    (B) reproductive health clinics are commercial
                actors that regularly purchase medicine, medical
                equipment, and other necessary supplies from out-of-
                State suppliers; and
                    (C) reproductive health clinics employ doctors,
                nurses, and other personnel who travel across State
                lines in order to provide reproductive health services
                to patients.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Government.--The term ``government'' includes a branch,
        department, agency, instrumentality, or official (or other
        individual acting under color of law) of the United States, a
        State, or a subdivision of a State.
            (2) State.--The term ``State'' means each of the States,
        the District of Columbia, the Commonwealth of Puerto Rico, and
        each territory or possession of the United States.
            (3) Viability.--The term ``viability'' means that stage of
        pregnancy when, in the best medical judgment of the attending
        physician based on the particular medical facts of the case
        before the physician, there is a reasonable likelihood of the
        sustained survival of the fetus outside of the woman.

SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED.

    (a) Statement of Policy.--It is the policy of the United States
that every woman has the fundamental right to choose to bear a child,
to terminate a pregnancy prior to fetal viability, or to terminate a
pregnancy after fetal viability when necessary to protect the life or
health of the woman.
    (b) Prohibition of Interference.--A government may not--
            (1) deny or interfere with a woman's right to choose--
                    (A) to bear a child;
                    (B) to terminate a pregnancy prior to viability; or
                    (C) to terminate a pregnancy after viability where
                termination is necessary to protect the life or health
                of the woman; or
            (2) discriminate against the exercise of the rights set
        forth in paragraph (1) in the regulation or provision of
        benefits, facilities, services, or information.
    (c) Civil Action.--An individual aggrieved by a violation of this
section may obtain appropriate relief (including relief against a
government) in a civil action.

SEC. 5. SEVERABILITY.

    If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, or the application of such provision to persons
or circumstances other than those as to which the provision is held to
be unconstitutional, shall not be affected thereby.

SEC. 6. RETROACTIVE EFFECT.

    This Act applies to every Federal, State, and local statute,
ordinance, regulation, administrative order, decision, policy,
practice, or other action enacted, adopted, or implemented before, on,
or after the date of enactment of this Act.

Output:
Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child; (2) terminate a pregnancy prior to fetal viability; or (3) terminate a pregnancy after fetal viability when necessary to protect her life or her health.

Prohibits a federal, state, or local governmental entity from: (1) denying or interfering with a woman's right to exercise such choices; or (2) discriminating against the exercise of those rights in the regulation or provision of benefits, facilities, services, or information. Provides that such prohibition shall apply retroactively.

Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity, in a civil action.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Hate Crimes Hotline Act of
2009''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On December 7, 2008, Jose Sucuzhanay, an Ecuadorian-
        born real estate agent and father of two, was beaten to death
        in Brooklyn while walking with his brother, who was visiting
        from Ecuador. Three men with baseball bats attacked the
        brothers while shouting anti-gay and anti-Hispanic slurs.
            (2) Marcelo Lucero, 37 years of age, came to the United
        States from Ecuador in 1993. He settled in Patchogue, New York,
        a middle-class village in central Long Island. He worked in a
        dry cleaning store and sent his savings home to his mother, a
        cancer survivor, whom he had not seen since he left 16 years
        ago. On the night of November 8, 2008, shortly before midnight,
        seven teenagers got out of their car and taunted Lucero with
        racist slurs as he walked home. They then beat and murdered
        Marcelo Lucero. According to the indictment, the boys set out
        that night to find someone of Hispanic heritage to assault.
            (3) The number of hate groups in the United States has
        increased by 54 percent over the past 8 years.
            (4) In 2008, the Federal Bureau of Investigation reported a
        6 percent rise in the number of hate crimes against gay,
        lesbian, and transgender people.
            (5) According to the Federal Bureau of Investigation,
        attacks on Hispanics grew 40 percent from 2003 to 2007, even
        though the Hispanic population only grew 16 percent in the same
        time period and the total number of hate crimes has remained
        steady.

SEC. 3. NATIONAL HATE CRIME HOTLINE AND HATE CRIME INFORMATION AND
              ASSISTANCE WEBSITE.

    (a) In General.--The Attorney General may award one or more grants
to private, nonprofit entities--
            (1) to provide for the establishment and operation of a
        national, toll-free telephone hotline to provide information
        and assistance to victims of hate crimes (hereafter in this
        section referred to as the ``national hate crime hotline''; and
            (2) to provide for the establishment and operation of a
        highly secure Internet website to provide that information and
        assistance to such victims (hereafter in this section referred
        to as the ``hate crime information and assistance website'').
    (b) Duration.--A grant under this section may extend over a period
of not more than 5 years.
    (c) Annual Approval.--The provision of payments under a grant
awarded under this section shall be subject to annual approval by the
Attorney General and subject to the availability of appropriations for
each fiscal year to make the payments.
    (d) Hotline Activities.--An entity that receives a grant under this
section for activities described, in whole or in part, in subsection
(a)(1) shall use funds made available through the grant to establish
and operate a national hate crime hotline. In establishing and
operating the hotline, the entity shall--
            (1) contract with a carrier for the use of a toll-free
        telephone line;
            (2) employ, train, (including technology training), and
        supervise personnel to answer incoming calls and provide
        counseling and referral services to callers on a 24-hour-a-day
        basis;
            (3) assemble and maintain a current database of information
        relating to services for victims of hate crimes to which
        callers throughout the United States may be referred;
            (4) publicize the national hate crime hotline to potential
        users throughout the United States; and
            (5) be prohibited from asking hotline callers about their
        citizenship status.
    (e) Secure Website Activities.--
            (1) In general.--An entity that receives a grant under this
        section for activities described, in whole or in part, in
        subsection (a)(2) shall use funds made available through the
        grant to provide grants for startup and operational costs
        associated with establishing and operating a hate crime
        information and assistance website.
            (2) Availability.--The hate crime information and
        assistance website shall be available to the entity operating
        the national hate crime hotline.
            (3) Information.--The hate crime information and assistance
        website shall provide accurate information that describes the
        services available to victims of hate crimes, including health
        care and mental health services, social services,
        transportation, and other relevant services.
            (4) Rule of construction.--Nothing in this section shall be
        construed to require any shelter or service provider, whether
        public or private, to be linked to the hate crime information
        and assistance website or to provide information to the
        recipient of the grant described in paragraph (1) or to the
        website.
    (f) Application.--The Attorney General may not award a grant under
this section unless the Attorney General approves an application for
such grant. To be approved by the Attorney General under this
subsection an application shall--
            (1) contain such agreements, assurances, and information,
        be in such form, and be submitted in such manner, as the
        Attorney General shall prescribe through notice in the Federal
        Register;
            (2) in the case of an application for a grant to carry out
        activities described in subsection (a)(1), include a complete
        description of the applicant's plan for the operation of a
        national hate crime hotline, including descriptions of--
                    (A) the training program for hotline personnel,
                including technology training to ensure that all
                persons affiliated with the hotline are able to
                effectively operate any technological systems used by
                the hotline;
                    (B) the hiring criteria for hotline personnel;
                    (C) the methods for the creation, maintenance, and
                updating of a resource database;
                    (D) a plan for publicizing the availability of the
                hotline;
                    (E) a plan for providing service to non-English
                speaking callers, including service through hotline
                personnel who speak Spanish; and
                    (F) a plan for facilitating access to the hotline
                by persons with hearing impairments;
            (3) in the case of an application for a grant to carry out
        activities described in subsection (a)(2)--
                    (A) include a complete description of the
                applicant's plan for the development, operation,
                maintenance, and updating of information and resources
                of the hate crime information and assistance website;
                    (B) include a certification that the applicant will
                implement a high level security system to ensure the
                confidentiality of the website, taking into
                consideration the safety of hate crime victims; and
                    (C) include an assurance that, after the third year
                of the website project, the recipient of the grant will
                develop a plan to secure other public or private
                funding resources to ensure the continued operation and
                maintenance of the website;
            (4) demonstrate that the applicant has recognized expertise
        in the area of hate crimes and a record of high quality service
        to victims of hate crimes, including a demonstration of support
        from advocacy groups;
            (5) demonstrate that the applicant has a commitment to
        diversity, and to the provision of services to ethnic, racial,
        religious, and non-English speaking minorities, in addition to
        older individuals, individuals with disabilities, and
        individuals of various gender, gender identity, and sexual
        orientation; and
            (6) contain such other information as the Attorney General
        may require.
    (g) Hate Crime Defined.--For purposes of this Act, the term ``hate
crime'' means a crime in which the defendant intentionally selects a
victim, or in the case of a property crime, the property that is the
object of the crime, because of the actual or perceived race, color,
religion, national origin, ethnicity, gender, gender identity,
disability, or sexual orientation of any person.
    (h) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        carry out this section $3,500,000 for each of fiscal years 2010
        through 2014.
            (2) Website.--Of the amounts appropriated pursuant to
        paragraph (1) for a year, not less than 10 percent shall be
        used for purposes of carrying out subsection (a)(2).
            (3) Availability.--Funds authorized to be appropriated
        under paragraph (1) may remain available until expended.

SEC. 4. LOCAL LAW ENFORCEMENT EDUCATION AND TRAINING GRANT PROGRAM.

    (a) In General.--The Attorney General may award grants to eligible
State and local law enforcement entities for educational and training
programs on solving hate crimes (as defined in section 1(g)) and
establishing community dialogues with groups whose members are at-risk
of being victims of such hate crimes.
    (b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or local law enforcement entity must be in
compliance with reporting requirements applicable to such entity
pursuant to the Hate Crimes Statistics Act (28 U.S.C. 534 note).
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as are necessary for
fiscal year 2010 and each succeeding fiscal year.

SEC. 5. LOCAL RESOURCES TO COMBAT HATE CRIMES GRANT PROGRAM.

    (a) In General.--The Attorney General shall establish a grant
program within the Office for Victims of Crime in the Office of Justice
Programs, under which the Attorney General may award grants to local
community based organizations, nonprofit organizations, and faith-based
organizations to establish or expand local programs and activities that
serve targeted areas and that provide legal, health (including physical
and mental health), and other support services to victims of hate
crimes (as defined in section (1)(g)). Grant funds may be used for
activities including hiring counselors and providing training,
resources, language support services, and information to such victims.
    (b) Targeted Area Defined.--For purposes of this section, the term
``targeted area'' means an area with a demonstrated lack of resources,
as determined by the Attorney General, for victims of hate crimes.
    (c) Funding Restriction.--None of the funds from a grant made under
this section may be used--
            (1) by an organization that discriminates against an
        individual on the basis of religion; or
            (2) for purposes of promoting religious beliefs or views.
    (d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as are necessary for
fiscal year 2010 and each succeeding fiscal year.

Output:
National Hate Crimes Hotline Act of 2009 - Authorizes the Attorney General to award grants to: (1) private, nonprofit entities to establish and operate a national, toll-free telephone hotline and an Internet website to assist victims of hate crimes; and (2) state and local law enforcement entities for educational and training programs on solving hate crimes and establishing dialogues with members of communities who are at-risk of being victims of hate crimes.

Directs the Attorney General to establish a program for awarding grants to local organizations to establish or expand programs that provide services to victims of hate crimes.


Input:
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``John H. Chafee Blackstone River
Valley National Heritage Corridor Reauthorization Act of 2005''.

SEC. 2. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
              CORRIDOR.

    (a) Commission Membership.--Section 3(b) of Public Law 99-646 (16
U.S.C. 461 note) is amended--
            (1) by striking ``nineteen members'' and inserting ``25
        members'';
            (2) in paragraph (2) by striking ``Massachusetts Department
        of Environmental Management'' and inserting ``Massachusetts
        Executive Office of Environmental Affairs'';
            (3) in paragraph (3)--
                    (A) by striking ``four representatives'' and
                inserting ``5 representatives''; and
                    (B) by striking the ``; and'' and inserting a
                semicolon;
            (4) in paragraph (4)--
                    (A) by striking ``2 individuals, nominated by the
                Governor of Massachusetts and two individuals nominated
                by the Governor of Rhode Island'' and inserting ``3
                individuals, nominated by the Governor of Massachusetts
                and 3 individuals nominated by the Governor of Rhode
                Island''; and
                    (B) by striking the period and inserting ``; and'';
                and
            (5) by inserting after paragraph (4) the following:
            ``(5) 1 individual from Massachusetts and 1 individual from
        Rhode Island, each to be appointed by the Secretary to
        represent non-governmental organizations, having expertise and
        interest in on or more of the following fields: historic
        preservation, conservation, outdoor recreation, cultural
        conservation, traditional arts, community development, and
        tourism.''.
    (b) Quorum.--Section 3(f) of Public Law 99-647 (16 U.S.C. 461 note)
is amended by striking ``Ten members of the Commission'' and inserting
``Thirteen members of the Commission''.
    (c) Update of Plan.--Section 6 of Public Law 99-647 (16 U.S.C. 461
note) is amended by adding at the end the following:
    ``(e) Update of Plan.--(1) Not later than 2 years after the date of
the enactment of this subsection, the Commission shall update the plan.
    ``(2) In updating the plan under paragraph (1), the Commission
shall take into account the findings included in the Sustainability
Study Report that was prepared for the Blackstone River Valley National
Heritage Corridor Commission, and as a case study for the National Park
System Advisory Board Partnership Committee on the future of National
Heritage Areas in the National Park System.
    ``(3) The update shall include--
            ``(A) performance goals;
            ``(B) options for resource protection, interpretation, and
        enhancements, including funding program; and
            ``(C) sustainable partnership strategies.
    ``(4) The Secretary shall approve or disapprove any changes (other
than minor revisions) to the plan proposed in the update in accordance
with subsection (b).''.
    (d) Extension of Commission.--Public Law 99-647 (16 U.S.C. 461
note) is amending section 7 to read as follows:

``SEC. 7. TERMINATION OF COMMISSION.

    ``The Commission shall terminate on the date that is 10 years after
the date of the enactment of the John H. Chafee Blackstone River Valley
National Heritage Corridor Reauthorization Act of 2005.''.
    (e) Authorization of Appropriations.--Section 10 of Public Law 99-
647 (16 U.S.C. 461 note) is amended--
            (1) in subsection (a), by striking ``650,00'' and inserting
        ``1,000,000''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Development Funds.--There is authorized to be appropriated to
carry out section 8(c) not more than $10,000,000 for the period of
fiscal years 2006 through 2016, to remain available until expended.''.

SEC. 3. SPECIAL RESOURCE STUDY.

    (a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this Act, the Secretary shall
complete a special resource study to evaluate--
            (1) the sites and associated landscape features that
        contribute to the understanding of the Blackstone River Valley
        as the Birthplace of the American Industrial Revolution;
            (2) the suitability and feasibility of designating one or
        more sites and landscapes features within the boundaries of the
        John H. Chafee Blackstone River Valley National Heritage
        Corridor as a unit of the National Park System; and
            (3) opportunities to coordinate and complement actions by
        the Commission, local governments, and State and Federal
        agencies in the preservation and interpretation of significant
        resources within the National Heritage Corridor.
    (b) Coordination.--The Secretary shall coordinate the study
conducted under this section with the John H. Chafee Blackstone River
Valley National Heritage Corridor Commission.
    (c) Report.--Not later than 30 days after the date on which the
study conducted under this section is completed, the Secretary shall
submit to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a
report that describes--
            (1) the findings of the study; and
            (2) any conclusions and recommendations of the Secretary.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the study required
by this section.

Output:
John H. Chafee Blackstone River Valley National Heritage Corridor Reauthorization Act of 2005 - Requires the John. H. Chafee Blackstone River Valley National Heritage Corridor Commission to update the Cultural Heritage and Land Management Plan for the John H. Chafee Blackstone River Valley National Heritage Corridor.

Terminates the Commission ten years after this Act's enactment.

Directs the Secretary of the Interior to conduct a special resource study of sites and associated landscape features within the boundaries of the Corridor that contribute to the understanding of the Corridor as the birthplace of the industrial revolution in the United States, and evaluate the possibility of: (1) designating one or more site or landscape feature as a unit of the National Park System; and (2) coordinating and complementing actions by the Commission, local governments, and state and federal agencies in the preservation and interpretation of significant resources within the Corridor.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anabolic Steroid Control Act of
2004''.

SEC. 2. INCREASED PENALTIES FOR ANABOLIC STEROID OFFENSES NEAR SPORTS
              FACILITIES.

    (a) In General.--Part D of the Controlled Substances Act is amended
by adding at the end the following:

            anabolic steroid offenses near sports facilities

    ``Sec. 424. (a) Whoever violates section 401(a)(1) or section 416
by manufacturing, distributing, or possessing with intent to
distribute, an anabolic steroid near or at a sports facility is subject
to twice the maximum term of imprisonment, maximum fine, and maximum
term of supervised release otherwise provided by section 401 for that
offense.
    ``(b) As used in this section--
            ``(1) the term `sports facility' means real property where
        athletic sports or athletic training takes place, if such
        property is privately owned for commercial purposes or if such
        property is publicly owned, but does not include any real
        property described in section 419;
            ``(2) the term `near or at' means in or on, or within 1000
        feet of; and
            ``(3) the term `possessing with intent to distribute' means
        possessing with the intent to distribute near or at a sports
        facility.''.
    (b) Table of Contents Amendment.--The table of contents for
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended
by inserting after the item relating to section 423 the following new
item:

``Sec. 424. Anabolic steroid offenses near sports facilities.''.

SEC. 3. SENTENCING COMMISSION GUIDELINES.

    The United States Sentencing Commission shall--
            (1) review the Federal sentencing guidelines with respect
        to offenses involving anabolic steroids;
            (2) consider amending the Federal sentencing guidelines to
        provide for increased penalties with respect to offenses
        involving anabolic steroids in a manner that reflects the
        seriousness of such offenses and the need to deter anabolic
        steroid use; and
            (3) take such other action that the Commission considers
        necessary to carry out this section.

SEC. 4. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.

    (a) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended--
            (1) in paragraph (41)--
                    (A) by realigning the margin so as to align with
                paragraph (40); and
                    (B) by striking subparagraph (A) and inserting the
                following:
    ``(A) The term `anabolic steroid' means any drug or hormonal
substance, chemically and pharmacologically related to testosterone
(other than estrogens, progestins, corticosteroids, and
dehydroepiandrosterone), and includes--
            ``(i) androstanediol--
                    ``(I) 3b,17b-dihydroxy-5a-androstane; and
                    ``(II) 3a,17b-dihydroxy-5a-androstane;
            ``(ii) androstanedione (5a-androstan-3,17-dione);
            ``(iii) androstenediol--
                    ``(I) 1-androstenediol (3b,17b-dihydroxy-5a-
                androst-1-ene);
                    ``(II) 1-androstenediol (3a,17b-dihydroxy-5a-
                androst-1-ene);
                    ``(III) 4-androstenediol (3b,17b-dihydroxy-androst-
                4-ene); and
                    ``(IV) 5-androstenediol (3b,17b-dihydroxy-androst-
                5-ene);
            ``(iv) androstenedione--
                    ``(I) 1-androstenedione ([5a]-androst-1-en-3,17-
                dione);
                    ``(II) 4-androstenedione (androst-4-en-3,17-dione);
                and
                    ``(III) 5-androstenedione (androst-5-en-3,17-
                dione);
            ``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en-
        3-one);
            ``(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one);
            ``(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4-
        en-3-one);
            ``(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3-
        one);
            ``(ix) dehydrochlormethyltestosterone (4-chloro-17b-
        hydroxy-17a-methylandrost-1,4-dien-3-one);
            ``(x) D1-dihydrotestosterone (also known as 1-testosterone)
        (17b-hydroxy-5a-androst-1-en-3-one);
            ``(xi) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one);
            ``(xii) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3-
        one);
            ``(xiii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene);
            ``(xiv) fluoxymesterone (9-fluoro-17a-methyl-11b,17b-
        dihydroxyandrost-4-en-3-one);
            ``(xv) formebolone (2-formyl-17a-methyl-11a,17b-
        dihydroxyandrost-1,4-dien-3-one);
            ``(xvi) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]-
        furazan);
            ``(xvii) 13a-ethyl-17b-hydroxygon-4-en-3-one;
            ``(xviii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4-
        en-3-one);
            ``(xix) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-estr-
        4-en-3-one);
            ``(xx) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3-
        one);
            ``(xxi) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-
        3-one);
            ``(xxii) methandienone (17a-methyl-17b-hydroxyandrost-1,4-
        dien-3-one);
            ``(xxiii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-
        5-ene);
            ``(xxiv) methenolone (1-methyl-17b-hydroxy-5a-androst-1-en-
        3-one);
            ``(xxv) methyltestosterone (17a-methyl-17b-hydroxyandrost-
        4-en-3-one);
            ``(xxvi) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-
        3-one);
            ``(xxvii) 17a-methyl-D1-dihydrotestosterone (17 b-hydroxy-
        17a-methyl-5a-androst-1-en-3-one) (also known as `17-a-methyl-
        1-testosterone');
            ``(xxviii) nandrolone (17b-hydroxyestr-4-en-3-one);
            ``(xxix) norandrostenediol--
                    ``(I) 19-nor-4-androstenediol (3b, 17b-
                dihydroxyestr-4-ene);
                    ``(II) 19-nor-4-androstenediol (3a, 17b-
                dihydroxyestr-4-ene);
                    ``(III) 19-nor-5-androstenediol (3b, 17b-
                dihydroxyestr-5-ene); and
                    ``(IV) 19-nor-5-androstenediol (3a, 17b-
                dihydroxyestr-5-ene);
            ``(xxx) norandrostenedione--
                    ``(I) 19-nor-4-androstenedione (estr-4-en-3,17-
                dione); and
                    ``(II) 19-nor-5-androstenedione (estr-5-en-3,17-
                dione);
            ``(xxxi) norbolethone (13b,17a-diethyl-17b-hydroxygon-4-en-
        3-one);
            ``(xxxii) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-
        one);
            ``(xxxiii) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-
        3-one);
            ``(xxxiv) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]-
        androstan-3-one);
            ``(xxxv) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-4-
        en-3-one);
            ``(xxxvi) oxymetholone (17a-methyl-2-hydroxymethylene-17b-
        hydroxy-[5a]-androstan-3-one);
            ``(xxxvii) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-
        2-eno[3,2-c]-pyrazole);
            ``(xxxviii) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-
        1-en-3-one);
            ``(xxxix) testolactone (13-hydroxy-3-oxo-13,17-
        secoandrosta-1,4-dien-17-oic acid lactone);
            ``(xl) testosterone (17b-hydroxyandrost-4-en-3-one);
            ``(xli) tetrahydrogestrinone (13b,17a-diethyl-17b-
        hydroxygon-4,9,11-trien-3-one);
            ``(xlii) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one);
        and
            ``(xliii) any salt, ester, or ether of a drug or substance
        described in this paragraph;''; and
            (2) in paragraph (44), by inserting ``anabolic steroids,''
        after ``marihuana,''.
    (b) Authority and Criteria for Classification.--Section 201(g) of
the Controlled Substances Act (21 U.S.C. 811(g)) is amended--
            (1) in paragraph (1), by striking ``substance from a
        schedule if such substance'' and inserting ``drug which
        contains a controlled substance from the application of titles
        II and III of the Comprehensive Drug Abuse Prevention and
        Control Act (21 U.S.C. 802 et seq.) if such drug''; and
            (2) in paragraph (3), by adding at the end the following:
            ``(C) Upon the recommendation of the Secretary of Health
        and Human Services, a compound, mixture, or preparation which
        contains any anabolic steroid, which is intended for
        administration to a human being or an animal, and which,
        because of its concentration, preparation, formulation or
        delivery system, does not present any significant potential for
        abuse.''.
    (c) Anabolic Steroids Control Act.--Section 1903 of the Anabolic
Steroids Control Act of 1990 (Public Law 101-647; 21 U.S.C. 802 note)
is amended--
            (1) by striking subsection (a); and
            (2) by redesignating subsections (b) and (c) as subsections
        (a) and (b), respectively.

SEC. 5. REPORTING REQUIREMENT.

    Not later than 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services, in consultation with the
Attorney General, shall prepare and submit a report to the Judiciary
Committee of the House and Senate, and to the Committee on Energy and
Commerce of the House, evaluating the health risks associated with
dietary supplements not scheduled under the amendments made by this Act
which contain substances similar to those added to the list of
controlled substances under those amendments. The report shall include
recommendations on whether such substances should be regulated as
anabolic steroids.

            Passed the House of Representatives June 3, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output:
Anabolic Steroid Control Act of 2004 - Amends: (1) the Controlled Substances Act to subject an offense of manufacturing, distributing, or possessing with intent to distribute an anabolic steroid within 1,000 feet of a sports facility to twice the maximum penalty otherwise imposed for a controlled substance violation; and (2) the Anabolic Steroid Control Act of 1990 to modify the definition of "anabolic steroid" to include certain steroid precursors (including tetrahydrogestrinone (THG) and androstenedione) and to exclude dehydroepiandrosterone.

Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines with respect to offenses involving anabolic steroids and consider amending such guidelines to provide for increased penalties.

Authorizes the Attorney General, upon the recommendation of the Secretary of Health and Human Services, to exempt from regulation under the Controlled Substances Act any compound, mixture, or preparation that contains any anabolic steroid that is intended for administration to a human being or an animal and that does not present any significant potential for abuse because of its concentration, preparation, formulation, or delivery system.

Directs the Secretary to prepare and submit a report to the House and Senate Judiciary Committees and the House Committee on Energy and Commerce evaluating the health risks associated with dietary supplements not scheduled under this Act which contain substances similar to those added to the list of controlled substances under this Act, including recommendations on whether such substances should be regulated as anabolic steroids.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Education Freedom Act of
2016''.

SEC. 2. EDUCATION VOUCHER PROGRAM.

    (a) In General.--Notwithstanding any other provision of law, as a
condition of receiving Federal funds for elementary and secondary
education, each State shall carry out the program described under this
Act.
    (b) Basic Elements.--
            (1) Parental choice in education.--
                    (A) In general.--Beginning with the 2017-2018
                academic year, a parent of an eligible child may--
                            (i) enter into an agreement with a State
                        educational agency for any academic year during
                        which the eligible child will be in a grade for
                        which the State provides free public education
                        if--
                                    (I) the public school in which the
                                eligible child is enrolled, or will be
                                enrolled, receives Federal funds on the
                                condition of implementing a Federal
                                mandate; and
                                    (II) the parent disagrees with such
                                mandate; and
                            (ii) renew such agreement for each
                        succeeding academic year during which the
                        eligible child will be in a grade for which the
                        State provides free public education.
                    (B) Agreement.--An agreement under this paragraph
                shall be entered into, or renewed, in a manner and on a
                form determined by each State educational agency.
            (2) Education savings accounts.--
                    (A) In general.--Each State educational agency
                shall--
                            (i) provide an education savings account to
                        each eligible child whose parent enters into an
                        agreement under paragraph (1)(A)(i) with the
                        State educational agency for an academic year;
                        and
                            (ii) maintain such account for each
                        succeeding academic year for which the parent
                        renews the agreement under paragraph
                        (1)(A)(ii).
                    (B) Requirements.--An education savings account
                provided under this paragraph shall meet the following
                requirements:
                            (i) The education savings account, and any
                        funds deposited into such account, shall belong
                        to the eligible child for whom the account was
                        provided, and such child shall be the
                        designated beneficiary of the account.
                            (ii) The only funds that may be deposited
                        into the education savings account are the
                        funds that a State educational agency disburses
                        in accordance with subparagraph (C).
                            (iii) The funds in the education savings
                        account may be used only for the purpose of
                        paying for the education expenses described in
                        subsection (c) of the eligible child.
                            (iv) The parent of the eligible child shall
                        have the authority to direct the use of the
                        funds in the education savings account to one
                        or more qualifying providers that do not
                        implement the Federal mandate with which the
                        parent disagrees.
                            (v) Upon direction by the parent of the
                        eligible child, a State educational agency
                        shall distribute the funds in the education
                        savings account to the designated qualifying
                        providers.
                    (C) Amount of funds.--
                            (i) In general.--Subject to clause (ii),
                        beginning on August 1 of each academic year,
                        each State educational agency shall disburse an
                        amount equal to the average per-pupil
                        expenditure of the State to each education
                        savings account provided under this paragraph.
                            (ii) Quarterly disbursement.--Each State
                        educational agency shall disburse the amount of
                        funds provided under this subparagraph in 4
                        equal quarterly deposits.
                            (iii) Continued availability of funds.--
                        Except as provided in clause (iv), any amounts
                        remaining in an education savings account on
                        the last day of the period covered by an
                        agreement under paragraph (1)(A) shall remain
                        available for use during a succeeding academic
                        year.
                            (iv) Recapture of funds.--Each State
                        educational agency shall recapture any amounts
                        remaining in an education savings account on
                        the last day of the period covered by an
                        agreement under paragraph (1)(A) if--
                                    (I) the parent of the eligible
                                child ends or violates the terms of the
                                agreement during the covered period;
                                    (II) the parent does not renew the
                                agreement for the immediately
                                succeeding academic year; or
                                    (III) the child for whom the
                                education savings account was provided
                                no longer qualifies as an eligible
                                child.
    (c) Eligible Education Expenses.--The funds in an education savings
account provided under subsection (b)(2) may be used only for the
following education expenses:
            (1) Tuition and fees for a qualifying provider, including
        any costs and fees for tutoring services, specialized
        instructional support services, extracurricular activities,
        dual credit courses, and individual courses.
            (2) Required textbooks, supplemental materials, and
        supplies.
            (3) Textbooks, supplemental materials, and supplies for
        self-study.
            (4) Fees for any--
                    (A) national norm-referenced achievement
                examination;
                    (B) advanced placement or similar examination; or
                    (C) standardized examination required for admission
                to an institution of higher education.
            (5) Transportation for travel to and from a qualifying
        provider, except that not more than $2,000 from the education
        savings account may be used for this purpose each academic
        year.
            (6) A contribution to a qualified tuition program (as
        defined in section 529(b) of the Internal Revenue Code of 1986)
        with respect to which the eligible child is a designated
        beneficiary.
            (7) A contribution to a Coverdell education savings account
        (as defined in section 530(b) of the Internal Revenue Code of
        1986) with respect to which the eligible child is a designated
        beneficiary, except that not more than $2,000 from the
        education savings account may be used for this purpose each
        academic year.
            (8) Any other education expense approved by the State
        educational agency.
    (d) Responsibilities of State Educational Agency.--
            (1) Annual list of qualifying providers.--
                    (A) Creation.--Beginning on September 1, 2016, each
                State educational agency shall--
                            (i) approve entities as qualifying
                        providers for the 2017-2018 academic year; and
                            (ii) prepare a list of such qualifying
                        providers.
                    (B) Maintenance.--For each academic year succeeding
                the 2017-2018 academic year, each State educational
                agency shall renew the list of qualifying providers.
                    (C) Availability on website of state educational
                agency.--Each State educational agency shall make the
                annual list of qualifying providers publicly available
                on the website of the State educational agency.
            (2) Accountability.--Each State educational agency shall
        take such steps as are necessary to ensure the proper
        implementation of this Act, including--
                    (A) conducting periodic audits of education savings
                accounts provided under subsection (b)(2);
                    (B) ensuring that the funds in such accounts are
                used in accordance with this Act;
                    (C) freezing or revoking an education savings
                account if fraud is detected; and
                    (D) if appropriate, referring any parent or
                qualifying provider found to be using an education
                savings account for unlawful purposes for criminal
                prosecution.
            (3) Transfer of academic records.--Upon request by a State
        educational agency, and if applicable, the public school in
        which an eligible child was enrolled during the previous
        academic year shall provide the complete academic records of
        such child to any qualifying provider that is a school and that
        has admitted the child.
    (e) Requirements and Rights of Qualifying Providers.--
            (1) Admissions.--A qualifying provider may--
                    (A) enforce the admissions requirements of any
                school or program offered by the qualifying provider;
                and
                    (B) subject to paragraph (4), accept the eligible
                children who are best qualified to attend such school
                or program.
            (2) Transfer of academic records.--Each qualifying provider
        that is a school shall agree, as a condition of participating
        in the program under this Act, to provide the complete academic
        records of an eligible child attending the school pursuant to
        an agreement under subsection (b)(1)(A) to any other school to
        which such child transfers.
            (3) Refunds and rebates.--
                    (A) General prohibition.--A qualifying provider
                that receives funds from an education savings account
                provided under subsection (b)(2) may not--
                            (i) refund, or provide a rebate, of any
                        portion of such funds to the eligible child who
                        is the designated beneficiary of the education
                        savings account or a parent of such child; or
                            (ii) share such funds with such child or
                        parent in any manner.
                    (B) Exception.--Any refund that is needed for an
                item that is being returned, or an item or service that
                has not been provided, shall be provided to the State
                educational agency, and the State educational agency
                shall deposit the amounts refunded into the education
                savings account from which such amounts were originally
                distributed.
            (4) Nondiscrimination.--
                    (A) In general.--A qualifying provider may not
                discriminate against program participants or applicants
                on the basis of race, color, national origin, or sex.
                    (B) Single sex schools, classes, or activities.--
                Notwithstanding subparagraph (A) or any other provision
                of law, a qualifying provider may offer a single sex
                school, class, or activity.
                    (C) Religiously affiliated qualifying providers.--
                            (i) In general.--Notwithstanding any other
                        provision of law--
                                    (I) the prohibition of sex
                                discrimination in subparagraph (A)
                                shall not apply to a qualifying
                                provider that is operated by,
                                supervised by, controlled by, or
                                connected to a religious organization
                                to the extent that the application of
                                such subparagraph is inconsistent with
                                the religious tenets or beliefs of such
                                provider; and
                                    (II) a qualifying provider that is
                                operated by, supervised by, controlled
                                by, or connected to a religious
                                organization may exercise its right in
                                matters of employment consistent with
                                title VII of the Civil Rights Act of
                                1964 (42 U.S.C. 2000e et seq.),
                                including the exemptions in such title.
                            (ii) Maintenance of purpose.--
                        Notwithstanding any other provision of law, the
                        receipt of funds from an education savings
                        account provided under subsection (b)(2) shall
                        not, consistent with the first amendment to the
                        Constitution of the United States--
                                    (I) necessitate any change in the
                                teaching mission of a qualifying
                                provider;
                                    (II) require a qualifying provider
                                to remove religious art, icons,
                                scriptures, or other symbols; or
                                    (III) preclude a qualifying
                                provider from retaining religious terms
                                in its name, selecting board members on
                                a religious basis, or including
                                religious references in the mission
                                statements, charters, or other
                                governing documents of such provider.
    (f) Rules of Construction.--
            (1) Treatment of assistance.--For purposes of any Federal
        law or program--
                    (A) no assistance provided under this Act may be
                treated as assistance to any qualifying provider; and
                    (B) the amount of any funds in an education savings
                account provided under subsection (b)(2) may not be
                treated as income of the eligible child who is the
                designated beneficiary of the education savings account
                or a parent of such child.
            (2) No ability to control curriculum.--Nothing in this Act
        shall be construed to authorize any officer or employee of the
        Federal Government, through grants, contracts, or other
        cooperative agreements, to mandate, direct, or control the
        curriculum, program of instruction, instructional content,
        academic standards, assessments, or allocation of resources of
        a State or of any school in a State.
            (3) No extension of regulatory authority.--Nothing in this
        Act shall be construed to expand the regulatory authority of a
        State government or the Federal Government to impose any
        additional regulations on nonpublic schools beyond the
        regulations necessary to enforce the requirements of this Act.
    (g) Transition.--Each State educational agency shall take steps to
ensure a smooth transition to the program under this Act in order to
ensure that education savings accounts are available to eligible
children beginning with the 2017-2018 academic year.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eligible child.--The term ``eligible child'' means a
        child--
                    (A) who--
                            (i) is enrolling in a public school; or
                            (ii) was enrolled in a public school during
                        the previous academic year; and
                    (B) whose parent disagrees with a Federal mandate
                that the school implements as a condition of receiving
                Federal funds.
            (2) ESEA terms.--The terms ``average per-pupil
        expenditure'', ``child'', ``distance learning'', ``free public
        education'', ``parent'', ``specialized instructional support
        services'', ``State'', and ``State educational agency'' have
        the meanings given such terms in section 8101 of the Elementary
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (3) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given such
        term in section 102(a) of the Higher Education Act of 1965 (20
        U.S.C. 1002(a)).
            (4) Qualifying provider.--The term ``qualifying provider''
        means an entity that--
                    (A) is--
                            (i) a public school;
                            (ii) a nonpublic school;
                            (iii) a home school, provided that the
                        eligible child was enrolled in a public school
                        during the previous academic year;
                            (iv) a tutoring facility;
                            (v) a provider of distance learning;
                            (vi) a provider of specialized
                        instructional support services; or
                            (vii) an institution of higher education;
                    (B) notifies a State educational agency of the
                intent to become a qualifying provider; and
                    (C) agrees to comply with the requirements of
                section 2(e).
            (5) School.--The term ``school''--
                    (A) means a preschool, kindergarten, elementary
                school, or secondary school; and
                    (B) includes charter schools.

Output: Local Education Freedom Act of 2016 This bill requires a state to carry out an education voucher program as a condition of receiving federal funds for elementary and secondary education.  Through the program, a parent of an eligible child may enter into an agreement with a state educational agency (SEA) if the child's school receives federal funds on the condition of implementing a federal mandate with which the parent disagrees. An SEA shall: (1) provide an education savings account to each eligible child whose parent enters into such an agreement, and (2) disburse to each account an amount equal to the state's average per-pupil expenditure. The funds in an education savings account may be used only for:  tuition and fees for a qualifying provider; textbooks, supplemental materials, and supplies; specified examination fees; transportation; a contribution to a qualified tuition program or specified education savings account; and other education expenses approved by the SEA. A "qualifying provider" is an SEA-approved entity that complies with specified requirements and is: (1) a public or nonpublic school; (2) a home school, provided that the eligible child was enrolled in a public school during the previous academic year; (3) a tutoring facility; (4) a provider of distance learning or specialized instructional support services; or (5) an institution of higher education. In general, a qualified provider may not discriminate against program participants or applicants on the basis of race, color, national origin, or sex. However, the prohibition on sex discrimination shall not apply to religiously affiliated providers to the extent that such application is inconsistent with the provider's religious tenets or beliefs.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Direct Supplemental
Insurance Option Act of 2002''.

SEC. 2. MEDICARE DIRECT SUPPLEMENTAL INSURANCE OPTION.

    (a) In General.--Title XVIII of the Social Security Act is amended
by inserting after section 1882 the following new section:

            ``medicare direct supplemental insurance option

    ``Sec. 1882A. (a) In General.--The Secretary shall provide for the
offering under this section of a voluntary program to supplement the
benefits provided to individuals under parts A and B of this title.
    ``(b) Eligibility; Enrollment.--The Secretary shall provide
procedures for the enrollment under the program under this section of
individuals who are entitled to benefits under part A and enrolled
under part B, but who are not enrolled in Medicare+Choice plan under
part C (or in a plan under section 1876). Such procedures shall be
consistent with the following:
            ``(1) There shall be an initial enrollment period during
        the last calendar quarter of 2003 that permits all individuals
        who are eligible to enroll at that time under this subsection
        may enroll and obtain benefits effective on January 1, 2004.
            ``(2) For individuals who are not eligible to enroll at
        such time but who become eligible subsequently, there shall be
        an individual enrollment period which is the 6-month period
        described in section 1882(s)(2)(A).
            ``(3) The Secretary shall permit eligible individuals to
        enroll at other times (and not less frequently than annually)
        in a uniform manner, but such enrollment is subject to a late
        enrollment penalty under subsection (d)(2)(B).
    ``(c) Benefits.--
            ``(1) In general.--The benefits provided under the program
        under this section shall consist of payment of the cost of
        deductibles, copayments, and other cost-sharing amounts
        (including amounts attributable to and permitted as balance
        billing) otherwise imposed or permitted under this title,
        subject to an annual deductible of $100.
            ``(2) Administration.--The Secretary shall coordinate
        payment of benefits under this part with those under parts A
        and B and may, for such purpose, enter into appropriate
        arrangements with qualified entities (which may include fiscal
        intermediaries and carriers).
            ``(3) No pre-existing condition limitations.--The benefits
        under this section shall not be subject to any pre-existing
        condition or similar underwriting limitation.
    ``(d) Premiums.--
            ``(1) Actuarial cost.--The Secretary shall, during
        September of each year beginning with 2003, determine a monthly
        actuarial rate for all enrollees under this section, which rate
        shall be applicable for months in the succeeding calendar year.
        Such actuarial rate shall be the amount the Secretary estimates
        to be necessary so that the aggregate amount for such calendar
        year with respect to those enrollees will equal the total
        amount which the Secretary estimates will be payable under this
        section for benefits accrued (including services performed and
        related administrative costs incurred) in such calendar year
        under the program under this section. In calculating the
        monthly actuarial rate, the Secretary shall make adjustments to
        take into account errors in estimations under this paragraph
        for previous years and shall include an appropriate amount for
        a contingency margin.
            ``(2) Premium.--
                    ``(A) In general.--The monthly premium of each
                individual enrolled under this section for a month in a
                year shall be the monthly actuarial rate determined
                under paragraph (1) for months in such year. Such
                premium shall be community-rated and shall not vary
                among enrollees based upon the age, place of residence,
                or any other factors, except as provided under
                subparagraph (B).
                    ``(B) Penalty for late enrollment.--In the case of
                an individual who does not enroll under this section in
                a time period provided under paragraph (1) or (2) of
                subsection (b), the Secretary shall increase the
                monthly premium (in a manner similar to that applied
                under part B pursuant to section 1839(b)) of 10 percent
                for each full 12 months in which the individual could
                have been but was not so enrolled. In applying such an
                increase--
                            ``(i) the aggregate percentage increase may
                        not exceed 100 percent; and
                            ``(ii) periods of time in which an
                        individual is enrolled under an employee
                        welfare benefit plan described in section
                        1882(s)(3)(B)(i), under a Medicare+Choice plan,
                        with an organization described in section
                        1882(s)(3)(B)(iii), or under a PACE program
                        under section 1894 shall not be taken into
                        account.
            ``(3) Collection.--The Secretary shall provide for the
        collection of premiums for enrollees under this part in the
        same manner as premiums under part B are collected under
        section 1840, except that any reference in such section to the
        Federal Supplementary Medical Insurance Trust Fund shall be
        deemed a reference to an account (to be known as the `Direct
        Medicare Supplemental Insurance Account') to be established in
        the Treasury by the Secretary to carry out the program under
        this section. Amounts in such account may be invested and draw
        interest in the same manner as such Trust Fund under section
        1840(c).
            ``(4) Use of funds.--Premium amounts deposited into the
        account established under paragraph (3) shall be available
        without regard to appropriations to the Secretary to make
        payment for benefits and administrative costs incurred in
        carrying out this section.
    ``(e) Nonduplication of Coverage.--For purposes of applying section
1882(d)(3)(A), coverage under this section shall be treated as coverage
under a medicare supplemental policy.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
benefits for months beginning with January 2004.

Output: Medicare Direct Supplemental Insurance Option Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to provide procedures for enrollment of beneficiaries in a voluntary program to supplement Medicare benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance). Limits eligibility for such Medicare direct supplemental insurance option to individuals who are entitled to part A benefits and enrolled under part B, but who are not enrolled in a Medicare+Choice plan under part C. Provides for payment under the direct supplemental insurance option of the cost of deductibles, copayments, and other cost-sharing amounts, subject to an annual deductible of $100.


Input:
SECTION 1. AUTHORIZING STATES TO DENY PUBLIC EDUCATION BENEFITS TO
              CERTAIN ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES.

    (a) In General.--The Immigration and Nationality Act is amended by
adding after title V the following new title:

    ``TITLE VI--AUTHORIZING STATES TO DISQUALIFY CERTAIN ALIENS NOT
  LAWFULLY PRESENT IN THE UNITED STATES FROM PUBLIC EDUCATION BENEFITS

 ``congressional policy regarding ineligibility of aliens not lawfully
       present in the united states for public education benefits

    ``Sec. 601. (a) Statement of Policy.--Because Congress views that
the right to a free public education for aliens who are not lawfully
present in the United States promotes violations of the immigration
laws and because such a free public education for such aliens creates a
significant burden on States' economies and depletes States' limited
educational resources, Congress declares it to be the policy of the
United States that--
            ``(1) aliens who are not lawfully present in the United
        States are not entitled to public education benefits in the
        same manner as United States citizens, nationals, and lawful
        resident aliens; and
            ``(2) States should not be obligated to provide public
        education benefits to aliens who are not lawfully present in
        the United States.
    ``(b) Construction.--Nothing in this section shall be construed as
expressing any statement of Federal policy with regard to--
            ``(1) aliens who are lawfully present in the United States,
            ``(2) benefits other than public education benefits
        provided under State law, or
            ``(3) preventing the exclusion or deportation of aliens
        unlawfully present in the United States.

                         ``authority of states

    ``Sec. 602. (a) In General.--In order to carry out the policies
described in section 601, each State may provide, subject to subsection
(f), with respect to an alien who is not lawfully present in the United
States that--
            ``(1) the alien is not eligible for public education
        benefits under State law; or
            ``(2) the alien is required, as a condition of obtaining
        such benefits, to pay a fee in an amount consistent with the
        following:
                    ``(A) In the case of a State that requires payment
                of a fee of nonresidents as a condition of obtaining
                such benefits, the amount of such nonresident fee.
                    ``(B) In the case of any other State, an amount
                specified by the State, not to exceed the average per
                pupil expenditures for such benefits (as determined by
                the State and selected by the State either for the
                State or for the local educational agency involved).
    ``(b) Individuals Not Lawfully Present in the United States.--For
purposes of subsection (a), an individual shall be considered to be not
lawfully present in the United States unless the individual (or, in the
case of an individual who is a child, another on the child's behalf)--
            ``(1) declares in writing under penalty of perjury that the
        individual (or child) is a citizen or national of the United
        States and (if required by a State) presents evidence of United
        States citizenship or nationality; or
            ``(2)(A) declares in writing under penalty of perjury that
        the individual (or child) is not a citizen or national of the
        United States but is an alien lawfully present in the United
        States, and
            ``(B) presents either--
                    ``(i) documentation described in section 1137(d)(2)
                of the Social Security Act, or
                    ``(ii) such other documents as the State determines
                constitutes reasonable evidence indicating that the
                individual (or child) is an alien lawfully present in
                the United States.
    ``(c) Procedures for Screening.--If a State provides for
immigration eligibility screening pursuant to this section for
individuals who are seeking public education benefits, the State shall
provide for such screening for all individuals seeking such benefits.
    ``(2) A State may (at its option) verify with the Service the
alien's immigration status through a system for alien verification of
eligibility (SAVE) described in section 1137(d)(3) of the Social
Security Act (42 U.S.C. 1320b-7(d)(3)).
    ``(d) Opportunity for Fair Hearing.--If a State denies public
education benefits under this section with respect to an alien, the
State shall provide the alien with an opportunity for a fair hearing to
establish that the alien has been determined by the Service to be
lawfully present in the United States, consistent with subsection (b)
and Federal immigration law.
    ``(e) No Requirement to Deny Free Public Education.--No State shall
be required by this section to deny public education benefits to any
alien not lawfully present in the United States.
    ``(f) No Authority to Deny Free Public Education to Students
Enrolled At Any Time During the Period Beginning September 1, 1996, and
Ending July 1, 1997.--(1) A State may not deny, and may not require
payment of a fee as a condition for the receipt of, public education
benefits under this section with respect to a protected alien.
    ``(2) For purposes of this subsection, the term `protected alien'
means an alien who is not lawfully present in the United States and is
enrolled as a student in a public elementary or secondary school in the
United States at any time during the period beginning September 1,
1996, and ending July 1, 1997.
    ``(g) No Impact on Immigration Status.--Nothing in this section or
section 601 shall be construed as affecting the immigration status of
any alien, including the conferring of any immigration benefit or
change in any proceedings under this Act with respect to the alien.''.
    (b) Clerical Amendment.--The table of contents is amended by adding
at the end the following new items:

    ``TITLE VI--AUTHORIZING STATES TO DISQUALIFY CERTAIN ALIENS NOT
  LAWFULLY PRESENT IN THE UNITED STATES FROM PUBLIC EDUCATION BENEFITS

``Sec. 601. Congressional policy regarding ineligibility of aliens not
                            lawfully present in the United States for
                            public education benefits.
``Sec. 602. Authority of States.''.

            Passed the House of Representatives September 25, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

Output: Amends the Immigration and Nationality Act to authorize States to deny, or require specified fees for, public education benefits to aliens not lawfully present in the United States who are not enrolled in the public schools during the period beginning September 1, 1996, through July 1, 1997.