Input:
SECTION 1. REFERENCES TO SOCIAL SECURITY ACT.

    Except as otherwise specifically provided, whenever in this Act an
amendment is expressed in terms of an amendment to or repeal of a
section or other provision, the reference shall be considered to be
made to that section or other provision of the Social Security Act.

SEC. 2. DURABLE MEDICAL EQUIPMENT.

    (a) Definition of Medical Equipment and Supplies.--
            (1) In general.--Section 1861 (42 U.S.C. 1395x) is amended
        by adding at the end the following new subsection:

                    ``medical equipment and supplies

    ``(oo) The term `medical equipment and supplies'' means--
            ``(1) durable medical equipment (as defined in section
        1861(n));
            ``(2) prosthetic devices (as described in section
        1861(s)(8));
            ``(3) orthotics and prosthetics (as described in section
        1861(s)(9));
            ``(4) home dialysis supplies and equipment (as described in
        section 1861(s)(2)(F));
            ``(5) surgical dressings and other devices (as described in
        section 1861(s)(5));
            ``(6) immunosuppressive drugs (as described in section
        1861(s)(2)(J)); and
            ``(7) such other items as the Secretary may determine.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to items furnished on or after January 1, 1994.
    (b) Development and Application of National Standards for Suppliers
of Medical Equipment and Supplies.--Section 1834 (42 U.S.C. 1395m) is
amended by adding at the end the following new subsection:
    ``(i) Requirements for Issuance and Renewal of Supplier Numbers for
Suppliers of Medical Equipment and Supplies.--
            ``(1) Payment.--No payment may be made under this part
        after July 1, 1994, for items furnished by a supplier of
        medical equipment and supplies (as defined in section 1861(oo))
        unless such supplier meets the national standards specified by
        the Secretary and possesses a valid supplier number.
            ``(2) Revised standards.--
                    ``(A) In general.--The Secretary shall, by no later
                than January 1, 1996, in consultation with
                representatives of suppliers of medical equipment and
                supplies, carriers, and consumers, revise the national
                standards for suppliers of medical equipment and
                supplies to include the requirements listed in
                subparagraph (B).
                    ``(B) Standards described.--The requirements listed
                in this subparagraph are that suppliers of medical
                equipment and supplies shall--
                            ``(i) comply with all applicable State and
                        Federal licensure and regulatory requirements;
                            ``(ii) maintain a physical facility on an
                        appropriate site;
                            ``(iii) have proof of appropriate liability
                        insurance; and
                            ``(iv) meet such other requirements as the
                        Secretary may specify.
                    ``(C) Applicability of revised standards.--
                Beginning after December 31, 1995, each supplier of
                medical equipment and supplies applying for a supplier
                number or renewing such supplier's supplier number
                shall meet the revised standards described in this
                paragraph.''.
    (c) Certificates of Medical Necessity.--
            (1) In general.--Section 1834 (42 U.S.C. 1395m), as amended
        by subsection (b), is amended--
                    (A) in subsection (a), by striking paragraph (16),
                and
                    (B) by adding at the end the following new
                subsection:
    ``(j) Certificates of Medical Necessity.--
            ``(1) Standardized certificates.--Not later than July 1,
        1994, the Secretary shall, in consultation with carriers under
        this part, develop one or more standardized certificates of
        medical necessity (as defined in paragraph (3)) for medical
        equipment and supplies (as defined in section 1861(oo) other
        than paragraphs (4), (6), and (7)). If a certificate of medical
        necessity is required by the Secretary, such standardized
        certificates shall--
                    ``(A) be completed by each physician who prescribes
                such medical equipment and supplies for any beneficiary
                under this part, and
                    ``(B) be transmitted to the supplier and then to
                the carrier processing the claim for payment for such
                medical equipment and supplies under this part.
            ``(2) Prohibition against distribution by suppliers of
        certificates of medical necessity.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), a supplier of medical equipment and
                supplies described in paragraph (1) may not distribute
                to physicians or to individuals entitled to benefits
                under this part for commercial purposes any completed
                or partially completed certificates of medical
                necessity.
                    ``(B) Exception for certain billing information.--
                Subparagraph (A) shall not apply with respect to a
                certificate of medical necessity to the extent that
                such certificate contains only information completed by
                the supplier of medical equipment and supplies
                identifying such supplier and the beneficiary to whom
                such medical equipment and supplies are furnished, a
                description of such medical equipment and supplies, any
                product code identifying such medical equipment and
                supplies, and any other administrative information
                identified by the Secretary. In the event a supplier
                provides a certificate of medical necessity containing
                information permitted under this subparagraph, such
                certificate shall also contain the supplier's charge
                and the fee schedule amount for the medical equipment
                or supplies being furnished prior to distribution of
                such certificate to the physician.
                    ``(C) Penalty.--Any supplier of medical equipment
                and supplies who knowingly and willfully distributes a
                certificate of medical necessity in violation of
                subparagraph (A) is subject to a civil money penalty in
                an amount not to exceed $1,000 for each such
                certificate of medical necessity so distributed. The
                provisions of section 1128A (other than subsections (a)
                and (b)) shall apply to civil money penalties under
                this subparagraph in the same manner as they apply to a
                penalty or proceeding under section 1128A(a).
            ``(3) Definition.--For purposes of this subsection, the
        term `certificate of medical necessity' means a form or other
        document containing information required by the Secretary to be
        submitted to show that a covered item is reasonable and
        necessary for the diagnosis or treatment of illness or injury
        or to improve the functioning of a malformed body member.''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall apply with respect to certificates of medical necessity
        on or after January 1, 1994.
    (d) Coverage and Review Criteria for Certain Medical Equipment and
Supplies.--Section 1834 (42 U.S.C. 1395m), as amended by subsection
(c), is amended by adding at the end the following new subsection:
    ``(k) Coverage and Review Criteria.--
            ``(1) Development and establishment.--Not later than July
        1, 1994, the Secretary, in consultation with representatives of
        suppliers of medical equipment and supplies (as defined in
        section 1861(oo) other than paragraphs (4), (6), and (7)),
        individuals enrolled under this part, and appropriate medical
        specialty societies, shall develop and establish uniform
        national coverage and utilization review criteria for 200 items
        of medical equipment and supplies (as so defined) selected in
        accordance with the standards described in paragraph (2). The
        Secretary shall publish the criteria as part of the
        instructions provided to fiscal intermediaries and carriers
        under this part and no further publication, including
        publication in the Federal Register, shall be required.
            ``(2) Standards for selecting items subject to criteria.--
        The Secretary may select an item for coverage under the
        criteria developed and established under paragraph (1) if the
        Secretary finds that--
                    ``(A) the item is frequently purchased or rented by
                beneficiaries;
                    ``(B) the item is frequently subject to a
                determination that such item is not medically
                necessary; or
                    ``(C) the coverage or utilization criteria applied
                to the item (as of the date of the enactment of this
                subsection) is not consistent among carriers.
            ``(3) Annual review and expansion of items subject to
        criteria.--The Secretary shall annually review the coverage and
        utilization of items of medical equipment and supplies to
        determine whether items not included among the items selected
        under paragraph (1) should be made subject to uniform national
        coverage and utilization review criteria, and, if appropriate,
        shall develop and apply such criteria to such additional items.
            ``(4) Report on effect of uniform criteria on utilization
        of items.--Not later than January 1, 1995, the Secretary shall
        submit a report to the Committee on Ways and Means and the
        Committee on Energy and Commerce of the House of
        Representatives and the Committee on Finance of the Senate
        analyzing the impact of the uniform criteria established under
        paragraph (1) on the utilization of items of medical equipment
        and supplies by individuals enrolled under this part.''.
    (e) Prohibition Against Multiple Supplier Numbers.--
            (1) In general.--Section 1834 (42 U.S.C. 1395m), as amended
        by subsection (d), is amended by adding at the end the
        following new subsection:
    ``(l) Prohibition Against Multiple Supplier Numbers for Suppliers
of Medical Equipment and Supplies.--The Secretary may not issue more
than one supplier number to any supplier of medical equipment and
supplies (as defined in section 1861(oo)) unless the issuance of more
than one number is appropriate to identify subsidiary or regional
entities under the supplier's ownership or control.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to items furnished on or after July 1, 1994.
    (f) Definition of Inducements as Kickbacks Clarified.--
            (1) In general.--Section 1128B(b)(3)(B) (42 U.S.C. 1320a-
        7b(b)(3)(B)) is amended by inserting before the semicolon
        ``(except that in the case of a contract supply arrangement
        between a skilled nursing facility and a supplier of medical
        supplies and equipment (as defined in section 1861(oo) other
        than paragraphs (4), (6), and (7)), such employment shall not
        be considered bona fide to the extent that it includes tasks of
        a clerical and cataloging nature in transmitting to suppliers
        assignment rights of individuals eligible for benefits under
        part B of title XVIII, or performance of warehousing or stock
        inventory functions)''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply with respect to services furnished on or after
        January 1, 1994.
    (g) Limitation on Beneficiary Liability.--
            (1) In general.--Section 1879 (42 U.S.C. 1395pp) is amended
        by adding at the end the following new subsection:
    ``(h) If a supplier of medical equipment and supplies (as defined
in section 1861(oo))--
            ``(1) furnishes an item or service to a beneficiary for
        which no payment may be made by reason of section 1834(i);
            ``(2) furnishes an item or service to a beneficiary for
        which payment is denied in advance under section 1834(a)(15);
            ``(3) is excluded from participation under this title; or
            ``(4) furnishes an item or service to a beneficiary for
        which payment is denied under section 1862(a)(1);
any expenses incurred for items and services furnished to an individual
by such a supplier on an unassigned basis shall be the responsibility
of such supplier. The individual shall have no financial responsibility
for such expenses and the supplier shall refund on a timely basis to
the individual (and shall be liable to the individual for) any amounts
collected from the individual for such items or services, unless the
supplier informs the individual in advance that payment under this part
will not be made for the item or services and the individual agrees to
pay for the item or service.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to items or services furnished on or after July 1,
        1994.
    (h) Treatment of Nebulizers and Aspirators as Miscellaneous Items
of Durable Medical Equipment.--
            (1) In general.--Section 1834(a)(3)(A) (42 U.S.C.
        1395m(a)(3)(A)) is amended by striking ``ventilators,
        aspirators, IPPB machines, and nebulizers'' and inserting
        ``ventilators and IPPB machines''.
            (2) Payment for supplies relating to nebulizers and
        aspirators.--Section 1834(a)(7)(A) (42 U.S.C. 1395m(a)(7)(A))
        is amended by striking ``and'' at the end of clause (v), by
        striking the period at the end of clause (vi) and inserting ``;
        and'', and by inserting after clause (vi) the following new
        clause:
                            ``(vii) In the case of supplies to be used
                        in conjunction with a nebulizer or aspirator
                        for which payment is made under this paragraph,
                        payment shall be in accordance with paragraph
                        (2) of this subsection.''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to items furnished on or after January 1, 1994.
    (i) Payment for Ostomy Supplies, Tracheostomy Supplies,
Urologicals, Surgical Dressings, and Other Medical Supplies.--
            (1) In general.--Section 1834(h)(1) (42 U.S.C. 1395m(h)(1))
        is amended by adding at the end the following new subparagraph:
                    ``(E) Exception for certain items.--Payment for
                ostomy supplies, tracheostomy supplies, urologicals,
                surgical dressings, and other medical supplies shall be
                made in accordance with subparagraphs (B) and (C) of
                section 1834(a)(2) (except that in the case of surgical
                dressings, the national limited payment amount shall be
                computed based on local payment amounts using average
                reasonable charges for the six-month period ending June
                30, 1993, increased by the covered item update for
                1994).''.
            (2) Effective dates.--
                    (A) In general.--Except as provided in subparagraph
                (B), the amendment made by paragraph (1) shall apply
                with respect to items furnished on or after January 1,
                1994.
                    (B) Surgical dressings and other medical
                supplies.--The amendment made by paragraph (1) with
                respect to surgical dressings and other medical
                supplies shall apply to items supplied on or after July
                1, 1994.
    (j) Freeze in Reasonable Charges for Parenteral and Enteral
Nutrients, Supplies, and Equipment During 1994.--In determining the
amount of payment under part B of title XVIII of the Social Security
Act during 1994, the charges determined to be reasonable with respect
to parenteral and enteral nutrients, supplies, and equipment may not
exceed the charges determined to be reasonable with respect to such
nutrients, supplies, and equipment during 1993.
    (k) Studies.--
            (1) Supplies and services in nursing facilities.--The
        Comptroller General of the United States shall conduct a study
        and report to the Congress no later than January 1, 1995, on
        the types, volume, and utilization of services and supplies
        furnished under contract or under arrangement with suppliers to
        individuals eligible for benefits under title XVIII of the
        Social Security Act residing in skilled nursing facilities and
        nursing facilities.
            (2) Descriptions relating to certain codes.--The
        Comptroller General of the United States shall conduct a study
        beginning no earlier than July 1, 1994, and report to the
        Congress no later than January 1, 1995, on--
                    (A) whether changes made by the Department of
                Health and Human Services to the descriptions relating
                to the codes for medical equipment and supplies (as
                defined in section 1861(oo) of the Social Security Act
                other than paragraphs (4), (6), and (7))--
                            (i) accurately reflect the items being
                        furnished under such codes, and
                            (ii) are sufficiently explicit to
                        distinguish between items of varying quality
                        and price, and
                    (B) recommendations for additional changes that
                would improve the descriptions relating to the codes
                for such items.

S 516 IS----2

Output:
Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise procedures under Medicare part B (Supplementary Medical Insurance) with regard to durable medical equipment, including requirements for:  (1) national standards and supplier numbers for suppliers of medical equipment and supplies; (2) standardized certificates of medical necessity and uniform national coverage and utilization review criteria for certain medical equipment and supplies; (3) limited Medicare beneficiary liability for items and services for which payment is prohibited by reason of a supplier's failure to meet such national standards or lack of a valid supplier number; (4) the treatment of nebulizers and aspirators as miscellaneous items of durable medical equipment; and (5) payment of ostomy supplies, tracheostomy supplies, urologicals, surgical dressings, and other medical supplies.
Amends SSA title XI to modify anti-kickback provisions.
Provides for a freeze under Medicare part B in reasonable charges for parenteral and enteral nutrients, supplies, and equipment during 1994.
Requires the Comptroller General to study and report to the Congress on:  (1) services and supplies furnished to Medicare-eligible nursing facility residents; and (2) changes made to descriptions relating to codes for medical equipment and supplies.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fusion Energy Research Authorization
Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) by the year 2050, the world will need to supply between
        2 and 3 times as much energy as is presently produced to meet
        minimum requirements for food, shelter, transportation, and
        economic security;
            (2) meeting the increased energy demands of the year 2050
        cannot be achieved without substantial environmental
        degradation unless there is a massive shift from dependence on
        the fossil fuels which today provide more than three-quarters
        of all energy supply;
            (3) a wide variety of nonfossil fuel energy technologies
        must be developed to meet the expected demand of the year 2050;
            (4) the Federal Government has a responsibility to fund
        research in energy technologies to help meet future expected
        energy demand where the technical or economic risks of
        developing such technologies are too high to be borne solely by
        the private sector;
            (5) despite the urgent need to develop a wide variety of
        nonfossil fuel energy technologies, the Federal Government's
        investment in all energy supply research and development
        (including fossil fuels) has declined in real terms by more
        than two-thirds in the last 14 years;
            (6) fusion energy is one of the nonfossil fuel technologies
        which could potentially provide safe, abundant, environmentally
        sound, secure, and affordable energy supplies in the future;
            (7) in the last 16 years, fusion energy researchers have
        made significant progress toward realizing magnetic fusion as a
        viable source of energy, increasing power production from test
        reactors more than a million-fold over that time period;
            (8) while significant engineering, technical, and
        scientific challenges remain to make fusion energy commercially
        viable, limited funding remains the primary constraint to more
        rapid progress;
            (9) the technical risks and the long time scale needed to
        demonstrate the commercial viability of fusion energy will
        likely require a stable, predictable, and sustained investment
        of government funding for decades to come;
            (10) while magnetic fusion is the leading fusion
        technology, research on alternative fusion concepts should
        continue to be supported;
            (11) opportunities to participate in international fusion
        experiments can dramatically lower the cost to the Federal
        Government of fusion energy research;
            (12) the United States must demonstrate that it is a
        credible partner in international scientific programs by being
        able to make and keep long-term commitments to funding and
        participation; and
            (13) the United States should commit to participating in
        the siting, construction, and operation of ITER as soon as
        practicable.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) provide direction and authorize appropriations for a
        broadly based fusion energy research program at the Department
        of Energy which includes development of the magnetic fusion
        program and research on alternative fusion concepts;
            (2) provide an accelerated commitment to United States
        participation in ITER and provide authorization of
        appropriations for such activity contingent on meeting program
        milestones;
            (3) provide for the selection of a host country and
        establish a site selection process for ITER; and
            (4) provide a stable basis of funding for multi-year fusion
        energy research facility construction commitments through the
        establishment of a trust fund.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``alternative fusion concepts'' means any
        concepts for the production of energy based on the fusing of
        atomic nuclei other than toroidal magnetic fusion concepts,
        including heavy ion inertial fusion, aneutronic fusion, and
        electrostatic fusion;
            (2) the term ``Department'' means the Department of Energy;
            (3) the term ``Fusion Energy Research Program'' means the
        program described in section 5;
            (4) the term ``international partners'' means the United
        States, the European Atomic Energy Community, Japan, and the
        Russian Federation;
            (5) the term ``ITER'' means the International Thermonuclear
        Experimental Reactor;
            (6) the term ``magnetic fusion'' means fusion based on
        toroidal confinement concepts;
            (7) the term ``Secretary'' means the Secretary of Energy;
        and
            (8) the term ``Tokamak Physics Experiment'' means a
        facility to replace the Tokamak Fusion Test Reactor which is
        designed to be capable of conducting experiments on reactions
        with a pulse length of at least 15 minutes and demonstrating a
        more compact and efficient magnetic fusion reactor design.

SEC. 5. FUSION ENERGY RESEARCH PROGRAM.

    (a) Fusion Program.--The Secretary shall carry out in accordance
with the provisions of this Act a Fusion Energy Research Program,
including research, development, and demonstration to demonstrate the
technical and economic feasibility of producing safe, environmentally
sound, and affordable energy from fusion.
    (b) Program Goals.--The goal of the Fusion Energy Research Program
is to demonstrate by the year 2010 the practicability of commercial
electric power production and to lead to commercial production of
fusion energy by the year 2040.
    (c) Program Elements.--The Fusion Energy Research Program shall
consist of the following elements:
            (1) Research, development, and demonstration on magnetic
        fusion energy technology, including--
                    (A) research on plasma physics and control,
                confinement, ignition, and burning;
                    (B) the design, construction, and operation of
                experimental fusion reactors, including the Tokamak
                Physics Experiment, and the development of special
                materials for such reactors, the facilities to develop
                such materials, and the development of components which
                support the operation of such reactors, such as
                diagnostic and remote maintenance equipment; and
                    (C) participation by the United States industrial
                sector in the design and construction of fusion
                reactors, and cooperation with utilities.
            (2) Research, development, and demonstration of alternative
        fusion concepts, to be administered through an Assistant
        Director for Alternative Fusion Research, including research
        and development needed to build and test an Induction Linac
        Systems Experiment for the purpose of developing heavy ion
        inertial fusion energy.
            (3) Participation in the design, construction, and
        operation of ITER with the goal of ITER becoming operational by
        the year 2005.

SEC. 6. INDEPENDENT REVIEW OF FUSION TECHNOLOGIES.

    Within 6 months after the date of enactment of this Act, the
Secretary shall contract with the National Academy of Sciences to
conduct a study which examines the various magnetic fusion technologies
and alternative fusion concepts to assess their current state of
development, evaluates the potential of such technologies and concepts
to become commercially viable sources of energy in the future, and
identifies the research and development goals and priorities, and the
range of probable costs and time scales, needed to achieve commercial
viability.

SEC. 7. ITER SITE SELECTION PROCESS.

    (a) ITER Study and Report.--Within 120 days after the date of
enactment of this Act, the Secretary shall submit to Congress a study
which compares the technical and scientific advantages and
disadvantages and the economic costs and benefits to the United States
of siting ITER in the United States with siting ITER outside of the
United States. Such study shall include the consideration of the impact
on employment of constructing ITER in the United States, the effect of
manufacturing major ITER subsystems (such as superconducting magnets)
in the United States, and the effect of siting ITER in the United
States on United States funding requirements for participation in ITER.
    (b) Host-Country Selection.--The Secretary shall seek to reach an
agreement with the international partners which provides for--
            (1) the selection of a host country in which to site ITER
        by October, 1995;
            (2) the equitable distribution of economic and
        technological benefits among the international partners,
        including the construction of ITER and related facilities and
        the manufacture of major ITER subsystems;
            (3) substantial United States industry and utility
        involvement in the design, construction, and operation of ITER
        to ensure United States industry and utility expertise in the
        technologies developed; and
            (4) a schedule to complete site-specific design activities
        by 1998.
    (c) United States Site Selection.--The Secretary shall--
            (1) immediately initiate a process for identifying
        candidate sites within the United States which meet the site
        requirements for the construction and operation of ITER; and
            (2) propose within 90 days after the date of enactment of
        this Act a process for selection of a site within the United
        States by June, 1996, if the United States is selected as the
        host country for ITER pursuant to the international agreement
        described in subsection (b).
    (d) Final Cost Estimate.--The Secretary shall provide to Congress
within 90 days following the completion of site-specific design
activities a detailed estimate of the final projected total cost and
cost to the United States of the construction and operation of ITER
based on final site-specific engineering and construction designs.

SEC. 8. REPORTS AND MISCELLANEOUS PROVISIONS.

    (a) Contingency Plan.--Within 120 days after the date of enactment
of this Act, the Secretary shall submit to Congress a report on the
feasibility of conducting a parallel design effort on the Tokamak
Physics Experiment to augment the capabilities of the Tokamak Physics
Experiment in the event that an international agreement cannot be
reached on the site selection or construction of ITER.
    (b) Program Report.--Within 180 days after the date of enactment of
this Act, and biennially thereafter, the Secretary shall prepare and
submit to the Congress a report on the Fusion Energy Research Program
and the progress it has made in meeting the goals and requirements of
this Act.
    (c) Coordination With Defense Fusion Research Programs.--(1) The
Secretary shall, to the maximum extent practicable, coordinate the
research and development activities of the civilian Inertial Fusion
Energy Program and the defense Inertial Confinement Fusion Program to
maximize the benefits to both programs.
    (2) Within 120 days after the enactment of this Act, the Secretary,
in conjunction with the Secretary of Defense, shall submit a report to
Congress with recommendations for sharing budget and other resources in
order to enhance the civilian energy applications of the defense
Inertial Confinement Fusion Program.
    (d) Repeal.--Section 2114 of the Energy Policy Act of 1992 (Public
Law 102-486) is repealed.

SEC. 9. UNIVERSITY RADIATION SCIENCE AND TECHNOLOGY PROGRAM.

    The Secretary shall combine the Nuclear Engineering Research and
Education Program, the University Research Reactor Program, and the
University Reactor Fuel Assistance Program to form a new University
Radiation Science and Technology Program to be included as a separate
and distinct part of the University and Science Education Program of
the Department.

SEC. 10. FUSION ENERGY FACILITY FUND.

    (a) Establishment of Fees.--The Secretary shall establish a fee,
payable by persons who sell electricity for ultimate consumption, at a
rate of 0.1 mills per kilowatt hour.
    (b) Collection.--The Secretary shall establish procedures for the
collection of such fees. The Secretary may use the services of any
Federal, State, or local agency or instrumentality to collect such
fees, and may reimburse such agency or instrumentality a reasonable
amount for such services.
    (c) Use of Funds.--Funds received under this section shall be
deposited in a separate account in the Treasury, and shall be used, to
the extent provided in advance in appropriation Acts, only for the
design, engineering, and construction of ITER, facilities related to
ITER (including a materials testing facility and a blanket testing
facility) and the Tokamak Physics Experiment.
    (d) Termination of Fees.--The authority to assess and collect fees
under this section shall expire at the earlier of--
            (1) the achievement of a balance in the account established
        under subsection (c) sufficient in the judgment of the
        Secretary to satisfy the obligations of the United States in
        the design, engineering, and construction described in
        subsection (c); or
            (2) the completion of ITER construction.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fusion Energy Research Program.--There are authorized to be
appropriated to the Secretary for carrying out the Fusion Energy
Research Program $380,000,000 for fiscal 1995, $425,000,000 for fiscal
year 1996, $475,000,000 for fiscal year 1997, and such sums as may be
necessary thereafter.
    (b) Alternative Fusion Research.--From the sums authorized in
subsection (a), there are authorized to be appropriated to the
Secretary for carrying out the Alternative Fusion Research Program
under section 5(c)(2), $26,000,000 for fiscal year 1995, $31,000,000
for fiscal year 1996, $31,000,000 for fiscal year 1997, and such sums
as may be necessary thereafter.
    (c) Tokamak Physics Experiment.--The total amount to be
appropriated for the complete design, development, and construction of
the Tokamak Physics Experiment shall not exceed $700,000,000.
    (d) University Radiation Science and Technology Program.--There are
authorized to be appropriated to the Secretary for carrying out the
University Radiation Science and Technology Program $25,000,000 for
fiscal year 1995, $25,000,000 for fiscal year 1996, $25,000,000 for
fiscal year 1997, and such sums as may be necessary thereafter.
    (e) Construction of ITER.--No funds are authorized for the
construction of ITER until the Secretary certifies to the Congress that
there is an international agreement that meets the requirements of
section 7(b), and until the report required under section 7(d) is
provided to Congress.
    (f) Limitation on Magnetic Fusion Facilities.--No funds are
authorized for the design, engineering, or construction of any magnetic
fusion facility other than ITER, facilities related to ITER (including
a materials testing facility and a blanket testing facility) and the
Tokamak Physics Experiment.

Output:
Fusion Energy Research Authorization Act of 1994 - Directs the Secretary of Energy to implement a Fusion Energy Research Program to demonstrate the technical and economic feasibility of producing safe, environmentally sound, and affordable energy from fusion.
Prescribes program goals and elements.
Directs the Secretary to contract with the National Academy of Sciences to review various magnetic fusion technologies and alternative fusion concepts with respect to their commercial viability.
Instructs the Secretary to:  (1) submit a comparisons study to the Congress regarding the siting of the International Thermonuclear Experimental Reactor (ITER); (2) seek to reach an agreement with international partners to select a host country for ITER; (3) initiate a process to identify candidate sites for ITER within the United States; and (4) provide within a certain time period a detailed estimate to the Congress of final ITER project costs.
Directs the Secretary to submit reports to the Congress on:  (1) a parallel design effort on the Tokamak Physics Experiment; (2) the Fusion Energy Research Program; and (3) resource sharing with the Secretary of Defense to enhance the civilian energy applications of the Defense Inertial Confinement Fusion Program.
Repeals the five-year fusion energy program established under the Energy Policy Act of 1992.
Directs the Secretary to form a new University Radiation Science and Technology Program comprised of:  (1) the Nuclear Engineering Research and Education Program; (2) the University Research Reactor Program; and (3) the University Reactor Fuel Assistance Program.
Directs the Secretary to establish a fee collection program for certain ITER purposes and the Tokamak Physics Experiment.
Authorizes appropriations for:  (1) the Alternative Fusion Research Program; (2) the Tokamak Physics Experiment; and (3) the University Radiation Science and Technology Program.
Sets limitations upon funding for ITER construction and for magnetic fusion facilities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Agricultural
Research, Development and Export Enhancement Act of 2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Clause 3 of section 8 of article I of the United States
        Constitution recognizes the special relationship between the
        United States and Indian tribes.
            (2) Beginning in 1970, with the inauguration by the Nixon
        Administration of the Indian self-determination era, each
        successive President has reaffirmed the special government-to-
        government relationship between Indian tribes and the United
        States.
            (3) In 1994, President Clinton issued an executive
        memorandum to the heads of all Federal departments and agencies
        that obligated all such departments and agencies, particularly
        those that have an impact on economic development, to evaluate
        the potential impacts of their actions on Indian tribes.
            (4) The United States has an obligation to guard and
        preserve the agricultural and related renewable resources of
        Indian tribes in order to foster strong tribal governments,
        Indian self-determination, and economic self-sufficiency among
        Indian tribes.
            (5) Despite the availability of abundant natural resources
        on Indian lands and a rich cultural legacy that accords great
        value to self-determination, self-reliance, and independence,
        Native Americans suffer higher rates of unemployment, poverty,
        poor health, substandard housing, and associated social ills
        than those of any other group in the United States.
            (6) Reservation-based Indians tend to be the most rural of
        any minority group. They tend to be geographically isolated,
        resource limited, and the least likely of any farm group to
        receive payment or loans from the United States.
            (7) Indian land represents close to 55,000,000 acres, or
        about 2 percent of the United States land base, with nearly
        47,000,000 of these acres consisting of range and cropland.
            (8) Indian agriculture constitutes the second largest
        revenue generator and employer in Indian country and is not
        limited to farming and ranching, but often includes such
        products as forestry, bison, wild rice and fruits, cotton,
        tobacco and other Native-made or grown products.
            (9) Because of the lack of Federal intra-agency and inter-
        agency coordination in agriculture programs and policies, the
        development of Indian agriculture and related tribal business
        and economic development potential has been hindered.
            (10) It is estimated that about 20 percent of reservation
        grazing land and about 70 percent of cropland is leased to non-
        Indian producers.
            (11) American Indians today use their lands and natural
        resources for agriculture and agribusiness to provide food and
        other staples for consumption, improving their economic self-
        sufficiency, agriculture income and reservation employment.
            (12) Although there are many programs within Department of
        Agriculture for which tribal and individual Indian producers
        are eligible, Indian producers have not fully benefited from
        these programs because of insufficient coordination within the
        Department of Agriculture.
            (13) The United States has an obligation to assist Indian
        tribes with the creation of appropriate economic and political
        conditions with respect to Indian lands to--
                    (A) encourage investment from outside sources that
                do not originate with the tribes; and
                    (B) facilitate economic ventures with outside
                entities that are not tribal entities.
            (14) The economic success and material well-being of Native
        American communities depends on the combined efforts of the
Federal Government, tribal governments, the private sector, and
individuals.
    (b) Purpose.--It is the purpose of this Act to--
            (1) promote the coordination of existing agricultural and
        related programs within the Department of Agriculture to
        provide the maximum benefit to Indian tribes and their members;
            (2) encourage intertribal, regional, and international
        trade and business development in order to assist in increasing
        productivity and the standard of living of members of Indian
        tribes and improving the economic self-sufficiency of the
        Indian tribes;
            (3) through improving the administration of Federal
        program, improve the access of Indian tribes to capital,
        specialty markets, export promotions, and marketing assistance
        that non-Indian agriculture producers currently have access to;
            (4) improve the development and coordination of Indian
        agriculture and related value-added industries to promote self-
        sustaining Native economies and communities; and
            (5) promote economic self-sufficiency and political self-
        determination for Indian tribes and members of Indian tribes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--The term ``eligible entity'' means an
        Indian tribe, a tribal organization, a tribal enterprise, a
        tribal marketing cooperative, or any other Indian-owned
        business.
            (2) Indian.--The term ``Indian'' has the meaning given that
        term in section 4(d) of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 450b(d)).
            (3) Indian goods and services.--The term ``Indian goods and
        services'' means--
                    (A) goods produced or originated by an eligible
                entity; or
                    (B) services provided by eligible entities.
            (4) Indian-owned business.--The term ``Indian-owned
        business'' means an entity organized for the conduct of trade
        or commerce with respect to which at least 50 percent of the
        property interest of the entity is owned by Indians or Indian
        tribes (or a combination thereof).
            (5) Indian tribe.--The term ``Indian tribe'' has the
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (7) Tribal enterprise.--The term ``tribal enterprise''
        means a commercial activity or business managed or controlled
        by an Indian tribe.
            (8) Tribal organization.--The term ``tribal organization''
        has the meaning given that term in section 4(l) of the Indian
        Self-Determination and Education Assistance Act (25 U.S.C.
        450b(l)).

SEC. 4. NATIVE AMERICAN RESEARCH, DEVELOPMENT AND EXPORT OFFICE

    (a) In General.--
            (1) Establishment.--There is established within the
        Department of Agriculture a Native American Agricultural
        Research, Development and Export Office (referred to this Act
        as the ``Office'').
            (2) Director.--The Office shall be headed by a Director of
        the Native American Agricultural Research, Development and
        Export Office (referred to in this Act as ``Director'') to be
        appointed by the Secretary. The Director shall be compensated
        at a rate not to exceed that for level V of the Executive
        Schedule under section 5316 of title 5, United States Code.
    (b) Duties of the Secretary.--
            (1) In general.--The Secretary, acting through the
        Director, shall ensure the coordination of all programs that
        provide assistance to Native American communities within the
        following 7 mission areas of the Department of Agriculture:
                    (A) Farm and foreign agricultural services.
                    (B) Food, nutrition, and consumer services.
                    (C) Food safety.
                    (D) Marketing and regulatory programs.
                    (E) Natural resources and environment.
                    (F) Research, education and economics.
                    (G) Rural development.
            (2) Activities.--In carrying out paragraph (1), the
        Secretary, acting through the Director, shall ensure the
        coordination of, or, as appropriate, carry out--
                    (A) activities to promote Indian agricultural
                programs, including the development of domestic and
                international trade programs;
                    (B) activities to facilitate water and waste
                programs, housing, utility and other infrastructure
                development with respect to Native American
                communities;
                    (C) activities to provide assistance to Indian
                tribal college programs;
                    (D) activities to implement rural economic
                development programs for Native American communities;
                and
                    (E) activities to promote food and nutrition
                services for Native American communities.
            (3) Interagency coordination.--In carrying out Department
        of Agriculture programs, the Secretary, acting through the
        Director, shall coordinate with other Federal agencies,
        including the Department of Energy, the Department of Housing
        and Urban Development, the Department of the Interior, the
        Department of Justice, the Department of Commerce, or any other
        Federal agency responsible for administering related Indian
        programs.
            (4) Assistance.--In conjunction with the activities
        described in paragraph (2), the Secretary, acting through the
        Director, shall provide--
                    (A) financial assistance, technical assistance, and
                administrative services to eligible entities to assist
                those entities in--
                            (i) identifying and taking advantage of
                        business development opportunities; and
                            (ii) complying with appropriate laws and
                        regulatory practices; and
                    (B) such other assistance as the Secretary, in
                consultation with the Director, determines to be
                necessary for the development of business opportunities
                for eligible entities to enhance the economies of
                Indian tribes.
            (5) Priorities.--In carrying out the duties and activities
        described in paragraphs (3) and (4), the Secretary, acting
        through the Director, shall give priority to activities that--
                    (A) provide the greatest degree of economic
                benefits to Indians; and
                    (B) foster long-term stable economies of Indian
                tribes.

SEC. 5. NATIVE AMERICAN TRADE AND EXPORT PROMOTION.

    (a) In General.--The Secretary, acting through the Director, shall
establish and implement a Native American export and trade promotion
program (referred to in this section as the ``program'').
    (b) Coordination of Federal Programs and Services.--In carrying out
the program, the Secretary, acting through the Director and in
cooperation with the heads of appropriate Federal agencies, shall
ensure the coordination of Federal programs and services that are
designed to--
            (1) develop the economies of Indian tribes; and
            (2) stimulate the demand for Indian goods and services that
        are available from eligible entities.
    (c) Activities.--In carrying out subsection (b), the Secretary,
acting through the Director, shall ensure the coordination of, or, as
appropriate, carry out--
            (1) Federal programs that are designed to provide technical
        or financial assistance to eligible entities;
            (2) activities to develop promotional materials for
        eligible entities;
            (3) activities for the financing of appropriate trade
        missions;
            (4) activities for the marketing of related Indian goods
        and services;
            (5) activities for the participation of appropriate Federal
        agencies or eligible entities in international trade fairs; and
            (6) any other activity related to the development of
        markets for Indian goods and services.
    (d) Technical Assistance.--In conjunction with the activities
described in subsection (c), the Secretary, acting through the
Director, shall provide technical assistance and administrative
services to eligible entities to assist those entities in--
            (1) identifying appropriate markets for Indian goods and
        services;
            (2) entering the markets referred to in paragraph (1);
            (3) complying with foreign or domestic laws and practices
        with respect to financial institutions concerning the export
        and import of Indian goods and services; and
            (4) entering into financial arrangements to provide for the
        export and trade of Indian agricultural and related products.
    (e) Priorities.--In carrying out the duties and activities
described in subsections (b) and (c), the Secretary, acting through the
Director, shall give priority to activities that--
            (1) provide the greatest degree of economic benefits to
        Indians; and
            (2) foster long-term stable international markets for
        Indian goods and services.

Output:
Directs the Secretary of Agriculture, acting through the Director of such Office, to ensure the coordination of all programs that provide assistance to Native American communities within seven specified mission areas of the Department of Agriculture and to ensure the coordination of, or carry out, activities to: (1) promote Indian agricultural programs; (2) facilitate water and waste programs, housing, utility and other infrastructure development with respect to Native American communities; (3) provide assistance to Indian tribal college programs; (4) implement rural economic development programs for Native American communities; and (5) promote food and nutrition services for such communities. Requires the Director  to provide: (1) financial and technical assistance and administrative services to assist eligible entities in identifying and taking advantage of business development opportunities and complying with laws and regulatory practices; and (2) such other assistance necessary for the development of business opportunities to enhance Indian tribes' economies.
Requires the Director to establish and implement a Native American export and trade promotion program and, in carrying out such program, to ensure the coordination of: (1) Federal programs and services designed to develop Indian tribes' economies and stimulate the demand for Indian goods and services that are available from eligible entities; and (2) Federal programs that are designed to provide technical or financial assistance to eligible entities and any activities related to the development of markets for Indian goods and services. Requires the Director to provide technical assistance and administrative services to assist eligible entities in: (1) identifying and entering markets for Indian goods and services; (2) complying with foreign or domestic laws and practices with respect to financial institutions concerning the export and import of such goods and services; and (3) entering into financial arrangements to provide for the export and trade of Indian agricultural and related products.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High School Sports Information
Collection Act of 2009''.

SEC. 2. STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS.

    Section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C.
9543) is amended by adding at the end the following:
    ``(c) Equality in Athletic Programs.--
            ``(1) In general.--The Statistics Commissioner shall
        collect, annually, for the immediately preceding academic year,
        from each coeducational secondary school that receives Federal
        financial assistance that has an athletic program, the
        following information:
                    ``(A) The number of male and female students that
                attended the school and for each student an
                identification of such student's--
                            ``(i) race; and
                            ``(ii) ethnicity.
                    ``(B) A listing of the teams that competed in
                athletic competition and for each such team the
                following data:
                            ``(i) The season in which the team
                        competed.
                            ``(ii) The total number of participants as
                        of the day of the first scheduled contest for
                        the team, and for each participant an
                        identification of such participant's--
                                    ``(I) gender;
                                    ``(II) race; and
                                    ``(III) ethnicity.
                            ``(iii) The total expenditures for the
                        team, including the following data:
                                    ``(I) The travel expenditures.
                                    ``(II) The equipment expenditures
                                (including any equipment replacement
                                schedule).
                                    ``(III) The uniform expenditures
                                (including any uniform replacement
                                schedule).
                                    ``(IV) The expenditures for
                                facilities, including medical
                                facilities, locker rooms, fields, and
                                gymnasiums.
                                    ``(V) The total number of trainers
                                and medical personnel, and for each
                                trainer or medical personnel an
                                identification of such person's--
                                            ``(aa) gender;
                                            ``(bb) employment status
                                        (including whether such person
                                        is employed full-time or part-
                                        time, and whether such person
                                        is a head or assistant trainer
                                        or medical services provider)
                                        and duties other than providing
                                        training or medical services;
                                        and
                                            ``(cc) qualifications,
                                        including whether the person is
                                        a professional or student.
                                    ``(VI) The expenditures for
                                publicity for competitions.
                            ``(iv) The total number of coaches, and for
                        each coach an identification of such coach's--
                                    ``(I) gender;
                                    ``(II) employment status (including
                                whether such coach is employed full-
                                time or part-time, and whether such
                                coach is a head or assistant coach) and
                                duties other than coaching; and
                                    ``(III) qualifications, including
                                whether the person is a professional or
                                student.
                            ``(v) The total number of competitions
                        scheduled, and for each scheduled competition
                        an indication of what day of the week and time
                        the competition was scheduled.
                            ``(vi) Whether such team participated in
                        postseason competition, and the success of such
                        team in any postseason competition.
                            ``(vii) The total number of practices
                        scheduled, and for each scheduled practice an
                        indication of what day of the week and time the
                        practice was scheduled.
            ``(2) Disclosure of information to students and public.--A
        coeducational secondary school described in paragraph (1)
        shall--
                    ``(A) make available to students and potential
                students, upon request, and to the public, the
                information contained in reports by the school under
                this subsection by October 15 of each school year; and
                    ``(B) ensure that all students at the school are
                informed of their right to request such information.
            ``(3) Submission; information availability.--On an annual
        basis, each coeducational secondary school described in
        paragraph (1) shall provide the information contained in each
        report by the school under this subsection to the Statistics
        Commissioner not later than 15 days after the date that the
        school makes such information available under paragraph (2).
            ``(4) Duties of commissioner for education statistics.--The
        Statistics Commissioner shall--
                    ``(A) ensure that reports under this subsection are
                posted on the Department of Education's website within
                a reasonable period of time; and
                    ``(B) not later than 180 days after the date of
                enactment of the High School Sports Information
                Collection Act of 2009--
                            ``(i) notify all secondary schools in all
                        States regarding the availability of
                        information under paragraph (2); and
                            ``(ii) issue guidance to all schools on how
                        to collect and report the information required
                        under this subsection.''.

Output:
High School Sports Information Collection Act of 2009 - Amends the Education Sciences Reform Act of 2002 to require the Commissioner of the National Center for Education Statistics to collect the following information annually from each coeducational secondary school that receives federal financial assistance and that has an athletic program: (1) the number, gender, race, and ethnicity of students that attended the school; and (2) for each team that competed in athletic competition, the number, gender, race, and ethnicity of participants, the total expenditures, the number, gender, employment status, and qualifications of trainers, medical personnel, and coaches, and the number of competitions and practices scheduled.

Requires such schools to: (1) make such information available to students and potential students, upon request, and to the public by October 15 of each school year; (2) ensure that all students at the school are informed of their right to request such information; and (3) annually provide such information to the Commissioner.

Directs the Commissioner to: (1) ensure that such information is posted on the Department of Education's website; (2) notify all secondary schools regarding the availability of the information; and (3) issue guidance on how to collect and report the information required under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Venezuelan Refugee Assistance Act''.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELAN NATIONALS.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the
        Immigration and Nationality Act (8 U.S.C. 1255(c)), the status
        of any alien described in subsection (b) shall be adjusted by
        the Secretary of Homeland Security to that of an alien lawfully
        admitted for permanent residence, if the alien--
                    (A) applies for such adjustment before January 1,
                2019;
                    (B) is not inadmissible under paragraph (1), (2),
                (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or
                (10)(D) of section 212(a) of the Immigration and
                Nationality Act (8 U.S.C. 1182(a));
                    (C) is not deportable under paragraph (1)(E),
                (1)(G), (2), (4), (5), or (6) of section 237(a) of such
                Act (8 U.S.C. 1227(a));
                    (D) has not ordered, incited, assisted, or
                otherwise participated in the persecution of any person
                on account of race, religion, nationality, membership
                in a particular social group, or political opinion; and
                    (E) has not been convicted of--
                            (i) any offense under Federal or State law
                        punishable by a maximum term of imprisonment of
                        more than 1 year; or
                            (ii) 3 or more offenses under Federal or
                        State law, for which the alien was convicted on
                        different dates for each of the 3 offenses and
                        sentenced to imprisonment for an aggregate of
                        90 days or more.
            (2) Relationship of application to certain orders.--An
        alien present in the United States who has been ordered
        removed, or ordered to depart voluntarily, from the United
        States under any provision of the Immigration and Nationality
        Act may, notwithstanding such order, apply for adjustment of
        status under paragraph (1). Such an alien may not be required,
        as a condition on submitting or granting such application, to
        file a motion to reopen, reconsider, or vacate such order. If
        the Secretary of Homeland Security grants the application, the
        Secretary of Homeland Security shall cancel the order. If the
        Secretary of Homeland Security renders a final administrative
        decision to deny the application, the order shall be effective
        and enforceable to the same extent as if the application had
        not been made.
    (b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who is a national
of Venezuela--
            (1) who was physically present in the United States on
        January 1, 2013; and
            (2) has been physically present in the United States for at
        least 1 year and is physically present in the United States on
        the date the application for adjustment of status under this
        Act is filed, except an alien shall not be considered to have
        failed to maintain continuous physical presence by reason of an
        absence, or absences, from the United States for any periods in
        the aggregate not exceeding 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Secretary of Homeland Security shall
        provide by regulation for an alien subject to a final order of
        removal to seek a stay of such order based on the filing of an
        application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any
        provision of the Immigration and Nationality Act (8 U.S.C. 1101
        et seq.), the Secretary of Homeland Security shall not order
        any alien to be removed from the United States, if the alien is
        in removal proceedings under any provision of such Act and
        raises as a defense to such an order the eligibility of the
        alien to apply for adjustment of status under subsection (a),
        except where the Secretary of Homeland Security has rendered a
        final administrative determination to deny the application.
            (3) Work authorization.--The Secretary of Homeland Security
        may authorize an alien who has applied for adjustment of status
        under subsection (a) to engage in employment in the United
        States during the pendency of such application and may provide
        the alien with an ``employment authorized'' endorsement or
        other appropriate document signifying authorization of
        employment, except that if such application is pending for a
        period exceeding 180 days, and has not been denied, the
        Secretary of Homeland Security shall authorize such employment.
    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--Notwithstanding section 245(c) of the
        Immigration and Nationality Act (8 U.S.C. 1255(c)), the status
        of an alien shall be adjusted by the Secretary of Homeland
        Security to that of an alien lawfully admitted for permanent
        residence, if--
                    (A) the alien is the spouse, child, or unmarried
                son or daughter, of an alien whose status is adjusted
                to that of an alien lawfully admitted for permanent
                residence under subsection (a), except that in the case
                of such an unmarried son or daughter, the son or
                daughter shall be required to establish that they have
                been physically present in the United States for at
                least 1 year;
                    (B) the alien applies for such adjustment and is
                physically present in the United States on the date the
                application is filed; and
                    (C) the alien is otherwise eligible to receive an
                immigrant visa and is otherwise admissible to the
                United States for permanent residence, except in
                determining such admissibility the grounds for
                exclusion specified in paragraphs (4), (5), (6)(A), and
                (7)(A) of section 212(a) of the Immigration and
                Nationality Act (8 U.S.C. 1182(a)) shall not apply.
            (2) Proof of continuous presence.--For purposes of
        establishing the period of continuous physical presence
        referred to in paragraph (1)(B), an alien shall not be
        considered to have failed to maintain continuous physical
        presence by reason of an absence, or absences, from the United
        States for any periods in the aggregate not exceeding 180 days.
    (e) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245
        of the Immigration and Nationality Act (8 U.S.C. 1255); or
            (2) aliens subject to removal proceedings under section 240
        of such Act (8 U.S.C. 1229a).
    (f) Limitation on Judicial Review.--A determination by the
Secretary of Homeland Security as to whether the status of any alien
should be adjusted under this Act is final and shall not be subject to
review by any court.
    (g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this Act, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this Act. Nothing contained in this Act
shall be held to repeal, amend, alter, modify, effect, or restrict the
powers, duties, functions, or authority of the Secretary of Homeland
Security in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible.

Output: Venezuelan Refugee Assistance Act This bill provides for the status adjustment to permanent resident of a qualifying Venezuelan national who: (1) was physically present in the United States on January 1, 2013, (2) has been physically present in the United States for at least one year and is physically present in the United States on the date the status adjustment application is filed, (3) has not been convicted of specified crimes and was never involved in the persecution of others, and (4) applies for adjustment before January 1, 2019. Derivative adjustment of status is provided for the spouse, child, or certain unmarried sons or daughters of such alien.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elementary and Secondary School
Counseling Improvement Act of 2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) elementary and secondary school children are being
        subjected to unprecedented social stresses, including
        fragmentation of the family, drug and alcohol abuse, violence,
        child abuse, and poverty;
            (2) an increasing number of elementary and secondary school
        children are exhibiting symptoms of distress, such as substance
        abuse, emotional disorders, violent outbursts, disruptive
        behavior, juvenile delinquency, and suicide;
            (3) between 1984 and 1994, the homicide rate for
        adolescents doubled, while the rate of nonfatal violent crimes
        committed by adolescents increased by almost 20 percent;
            (4) according to the National Institute of Mental Health,
        up to one in five children and youth have psychological
        problems severe enough to require some form of professional
        help, yet only 20 percent of youth with mental disorders or
        their families receive help;
            (5) the Institute of Medicine has identified psychological
        counseling as the most serious school health need for the
        normal development of our Nation's children and youth;
            (6) school counselors, school psychologists, and school
        social workers can contribute to the personal growth,
        educational development, and emotional well-being of elementary
        and secondary school children by providing professional
        counseling, intervention, and referral services;
            (7) the implementation of well designed school counseling
        programs has been shown to increase students' academic success;
            (8) the national average student-to-counselor ratio in
        elementary and secondary schools is 531 to 1, and the average
        student-to-psychologist ratio is 2300 to 1;
            (9) it is recommended that to effectively address students'
        mental health and development needs, schools have 1 full-time
        counselor for every 250 students, 1 psychologist for every
        1,000 students, and 1 school social worker for every 800
        students;
            (10) the population of elementary and secondary school
        students in the United States is expected to increase
        dramatically during the 5 to 10 years beginning with 1999;
            (11) the Federal Government can help reduce the risk of
        academic, social, and emotional problems among elementary and
        secondary school children by stimulating the development of
        model school counseling programs; and
            (12) the Federal Government can help reduce the risk of
        future unemployment and assist the school-to-work transition by
        stimulating the development of model school counseling programs
        that include comprehensive career development.
    (b) Purpose.--It is the purpose of this Act to enhance the
availability and quality of counseling services for elementary and
secondary school children by providing grants to local educational
agencies to enable such agencies to establish or expand effective and
innovative counseling programs that can serve as national models.

SEC. 3. SCHOOL COUNSELING.

    Title IV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7101 et seq.) is amended--
            (1) in section 4004 (20 U.S.C. 7104)--
                    (A) in paragraph (1), by striking ``and'' at the
                end;
                    (B) in paragraph (2), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) $100,000,000 for fiscal year 2002, and such sums as
        may be necessary for each of the 4 succeeding fiscal years, for
        grants under section 4124.''; and
            (2) by adding at the end of subpart 2 of part A, the
        following:

``SEC. 4124. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING
              DEMONSTRATION.

    ``(a) Counseling Demonstration.--
            ``(1) In general.--The Secretary may award grants under
        this section to local educational agencies to enable the local
        educational agencies to establish or expand elementary school
        and secondary school counseling programs.
            ``(2) Priority.--In awarding grants under this section, the
        Secretary shall give special consideration to applications
        describing programs that--
                    ``(A) demonstrate the greatest need for new or
                additional counseling services among the children in
                the schools served by the applicant;
                    ``(B) propose the most promising and innovative
                approaches for initiating or expanding school
                counseling; and
                    ``(C) show the greatest potential for replication
                and dissemination.
            ``(3) Equitable distribution.--In awarding grants under
        this section, the Secretary shall ensure an equitable
        geographic distribution among the regions of the United States
        and among urban, suburban, and rural areas.
            ``(4) Duration.--A grant under this section shall be
        awarded for a period not to exceed three years.
            ``(5) Maximum grant.--A grant under this section shall not
        exceed $400,000 for any fiscal year.
    ``(b) Applications.--
            ``(1) In general.--Each local educational agency desiring a
        grant under this section shall submit an application to the
        Secretary at such time, in such manner, and accompanied by such
        information as the Secretary may reasonably require.
            ``(2) Contents.--Each application for a grant under this
        section shall--
                    ``(A) describe the school population to be targeted
                by the program, the particular personal, social,
                emotional, educational, and career development needs of
                such population, and the current school counseling
                resources available for meeting such needs;
                    ``(B) describe the activities, services, and
                training to be provided by the program and the specific
                approaches to be used to meet the needs described in
                subparagraph (A);
                    ``(C) describe the methods to be used to evaluate
                the outcomes and effectiveness of the program;
                    ``(D) describe the collaborative efforts to be
                undertaken with institutions of higher education,
                businesses, labor organizations, community groups,
                social service agencies, and other public or private
                entities to enhance the program and promote school-
                linked services integration;
                    ``(E) describe collaborative efforts with
                institutions of higher education which specifically
                seek to enhance or improve graduate programs
                specializing in the preparation of school counselors,
                school psychologists, and school social workers;
                    ``(F) document that the applicant has the personnel
                qualified to develop, implement, and administer the
                program;
                    ``(G) describe how any diverse cultural
                populations, if applicable, would be served through the
                program;
                    ``(H) assure that the funds made available under
                this part for any fiscal year will be used to
                supplement and, to the extent practicable, increase the
                level of funds that would otherwise be available from
                non-Federal sources for the program described in the
                application, and in no case supplant such funds from
                non-Federal sources; and
                    ``(I) assure that the applicant will appoint an
                advisory board composed of parents, school counselors,
                school psychologists, school social workers, other
                pupil services personnel, teachers, school
                administrators, and community leaders to advise the
                local educational agency on the design and
                implementation of the program.
    ``(c) Use of Funds.--
            ``(1) In general.--From amounts made available under
        section 4004(3) to carry out this section, the Secretary shall
        award grants to local education agencies to be used to initiate
        or expand elementary or secondary school counseling programs
        that comply with the requirements of paragraph (2).
            ``(2) Program requirements.--Each program assisted under
        this section shall--
                    ``(A) be comprehensive in addressing the personal,
                social, emotional, and educational needs of all
                students;
                    ``(B) use a developmental, preventive approach to
                counseling;
                    ``(C) increase the range, availability, quantity,
                and quality of counseling services in the schools of
                the local educational agency;
                    ``(D) expand counseling services only through
                qualified school counselors, school psychologists, and
                school social workers;
                    ``(E) use innovative approaches to increase
                children's understanding of peer and family
                relationships, work and self, decisionmaking, or
                academic and career planning, or to improve social
                functioning;
                    ``(F) provide counseling services that are well-
                balanced among classroom group and small group
                counseling, individual counseling, and consultation
                with parents, teachers, administrators, and other pupil
                services personnel;
                    ``(G) include inservice training for school
                counselors, school social workers, school
                psychologists, other pupil services personnel,
                teachers, and instructional staff;
                    ``(H) involve parents of participating students in
                the design, implementation, and evaluation of a
                counseling program;
                    ``(I) involve collaborative efforts with
                institutions of higher education, businesses, labor
                organizations, community groups, social service
                agencies, or other public or private entities to
                enhance the program and promote school-linked services
                integration; and
                    ``(J) evaluate annually the effectiveness and
                outcomes of the counseling services and activities
                assisted under this section.
            ``(3) Report.--The Secretary shall issue a report
        evaluating the programs assisted pursuant to each grant under
        this subsection at the end of each grant period in accordance
        with section 14701.
            ``(4) Dissemination.--The Secretary shall make the programs
        assisted under this section available for dissemination, either
        through the National Diffusion Network or other appropriate
        means.
            ``(5) Limit on administration.--Not more than 5 percent of
        the amounts made available under this section in any fiscal
        year shall be used for administrative costs to carry out this
        section.
    ``(d) Definitions.--For purposes of this section:
            ``(1) School counselor.--The term `school counselor' means
        an individual who has documented competence in counseling
        children and adolescents in a school setting and who--
                    ``(A) possesses State licensure or certification
                granted by an independent professional regulatory
                authority;
                    ``(B) in the absence of such State licensure or
                certification, possesses national certification in
                school counseling or a specialty of counseling granted
                by an independent professional organization; or
                    ``(C) holds a minimum of a master's degree in
                school counseling from a program accredited by the
                Council for Accreditation of Counseling and Related
                Educational Programs or the equivalent.
            ``(2) School psychologist.--The term `school psychologist'
        means an individual who--
                    ``(A) possesses a minimum of 60 graduate semester
                hours in school psychology from an institution of
                higher education and has completed 1,200 clock hours in
                a supervised school psychology internship, of which 600
                hours shall be in the school setting;
                    ``(B) possesses State licensure or certification in
                the State in which the individual works; or
                    ``(C) in the absence of such State licensure or
                certification, possesses national certification by the
                National School Psychology Certification Board.
            ``(3) School social worker.--The term `school social
        worker' means an individual who--
                    ``(A)(i) holds a master's degree in social work
                from a program accredited by the Council on Social Work
                Education; and
                    ``(ii) is licensed or certified by the State in
                which services are provided; or
                    ``(B) in the absence of such licensure or
                certification, possess a national certification or
                credential as a school social work specialist that has
                been awarded by an independent professional
                organization.
            ``(4) Supervisor.--The term `supervisor' means an
        individual who has the equivalent number of years of
        professional experience in such individual's respective
        discipline as is required of teaching experience for the
        supervisor or administrative credential in the State of such
        individual.''.

Output: Elementary and Secondary School Counseling Improvement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies to establish or expand elementary and secondary school counseling programs.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Full Faith in Veterans Act of
2008''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Men and women who serve in the Armed Forces make great
        sacrifices for the Nation and for freedom.
            (2) The Nation takes great pride in the integrity of
        members of the Armed Forces and places full faith and
        confidence in these men and women serving in the Armed Forces.
            (3) The Nation should extend such full faith to the
        integrity of those men and women when they make claims for
        disability compensation related to their service.
            (4) In the spirit of the Armed Forces' pledge never to
        leave a man behind, the Nation should never leave a veteran
        behind.
            (5) Military service is inherently dangerous and stressful
        whether during peacetime or during war.
            (6) Post-traumatic stress disorder (referred to in this
        section as ``PTSD'') is a debilitating mental health condition
        linked to military service that the Secretary of Veterans
        Affairs should make every effort to diagnose and effectively
        treat.
            (7) It is recognized in the medical community that PTSD can
        onset at anytime after a traumatic event, and the course of the
        disorder can contain periods of both relapse and remission.
            (8) Denial by the Secretary of Veterans Affairs of claims
        for disability compensation for PTSD due to incomplete military
        records does a disservice to those who have honorably served
        the country.
            (9) Military records that would validate such claims may
        have been lost due to no fault of the veteran.
            (10) Due to the dangerous and fast-paced environment in
        which the members of the Armed Forces operate, not every
        significant and possibly traumatic incident in the life and
        service of each member is chronicled accurately or completely.
            (11) Evaluations for disability compensation for PTSD often
        place veterans under the additional hardship of reliving
        traumatic events by describing them to unfamiliar medical
        professionals.
            (12) According to the Institute of Medicine and
        representatives of certain veterans' service organizations,
        evaluations for pension and disability compensation for PTSD
        are sometimes completed in as little as 20 minutes, despite
        recommendations of the mental health community that evaluations
        should take place over a period of one hour or more.
            (13) The Veterans' Disability Benefits Commission,
        established pursuant to title XV of the National Defense
        Authorization Act for Fiscal Year 2004, issued recommendations
        to improve the care, compensation, and treatment of veterans
        diagnosed with PTSD, including updating the schedule for rating
        disabilities under section 1155 of title 38, United States
        Code, establishing new criteria for the diagnosis and treatment
        of PTSD, and using a holistic approach to treat veterans with
        PTSD that incorporates treatment, compensation, and vocational
        assessment.

SEC. 3. STANDARD OF PROOF FOR SERVICE-CONNECTION OF POST-TRAUMATIC
              STRESS DISORDER.

    (a) Standard of Proof.--Section 1154 of title 38, United States
Code, is amended by adding at the end the following new subsection:
    ``(c) The Secretary shall accept as sufficient proof of service-
connection of post-traumatic stress disorder alleged to have been
incurred in or aggravated by service in the active military, naval, or
air service a diagnosis of post-traumatic stress disorder by a mental
health professional together with a written determination by the
professional that such disorder is related to the veteran's service, if
consistent with the circumstances, conditions, or hardships of such
service, notwithstanding the fact that there is no official record of
such incurrence or aggravation in such service, and, to that end, shall
resolve every reasonable doubt in favor of the veteran. Service-
connection of post-traumatic stress disorder may be rebutted by clear
and convincing evidence to the contrary. In the case of such a
rebuttal, the Secretary shall make all documents related to the
service-connection of the veteran's disability available to the
veteran.''.
    (b) Applicability.--Subsection (c) of section 1154 of title 38,
United States Code, shall apply with respect to any claim for
disability compensation under laws administered by the Secretary of
Veterans Affairs for which no final decision has been made before the
date of the enactment of this Act.

SEC. 4. IMPROVEMENT OF DEPARTMENT OF VETERANS AFFAIRS EVALUATIONS OF
              CLAIMS RELATING TO POST-TRAUMATIC STRESS DISORDER.

    (a) Certification and Training for Certain Employees.--
            (1) Certification program.--
                    (A) Certification required.--The Secretary of
                Veterans Affairs shall require covered employees to
                successfully complete a certification program
                established by the Secretary. Such program shall
                include a periodic recertification requirement.
                    (B) Covered employees.--For the purposes of this
                paragraph, a ``covered employee'' is an employee of the
                Department of Veterans Affairs who is responsible for
                rating disabilities, evaluating claims for disability
                compensation for post-traumatic stress disorder, or
                adjudicating disability compensation ratings.
                    (C) Program requirements.--The certification
                program under subparagraph (A) shall--
                            (i) provide specialized training on the
                        psychological and medical issues (including
                        comorbidities) that characterize individuals
                        with post-traumatic stress disorder and give
                        guidance on how to appropriately manage
                        commonly encountered problems in evaluating and
                        rating such disorder; and
                            (ii) incorporate the recommendations
                        contained in the Best Practice Manual for Post-
                        Traumatic Stress Disorder (PTSD) Compensation
                        and Pension Examinations issued by the National
                        Center for Post-Traumatic Stress Disorder of
                        the Department of Veterans Affairs.
                    (D) Review of requirements.--The Secretary shall
                regularly review and update the requirements for
                successfully completing the certification program under
                subparagraph (A) to take into consideration medical
                advances and to reflect lessons learned.
            (2) Training program.--The Secretary of Veterans Affairs
        shall provide training to support the certification program
        required under paragraph (1).
    (b) Audits of Examinations.--The Secretary of Veterans Affairs
shall conduct audits of the examinations conducted by employees of the
Department of Veterans Affairs of veterans who submit claims for
disability compensation for post-traumatic stress disorder to ensure
that such employees are taking sufficient time necessary to diagnose
and accurately rate the disorder.
    (c) Update of Schedule for Rating Disabilities.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall begin updating the schedule for rating
disabilities under section 1155 of title 38, United States Code. The
Secretary shall begin by updating the schedule with respect to post-
traumatic stress disorder, traumatic brain injury, and other mental
disorders. The Secretary shall complete such update not later than five
years after the date of the enactment of this Act.
    (d) New Criteria for Post-Traumatic Stress Disorder.--The Secretary
of Veterans Affairs shall implement the criteria of the Diagnostic and
Statistical Manual of Mental Disorders, 4th Edition, specific to post-
traumatic stress disorder and use such criteria for the purpose of
rating post-traumatic stress disorder pursuant to the schedule for
rating disabilities under section 1155 of title 38, United States Code.
    (e) Holistic Approach Required.--The Secretary of Veterans Affairs
shall implement a holistic approach for providing treatment for
veterans with post-traumatic stress disorder. Such approach shall
combine treatment for post-traumatic stress disorder, compensation, and
vocational assessment.
    (f) Treatment of Mental Health Records.--The Secretary of Veterans
Affairs shall require an employee of the Department of Veterans Affairs
who is responsible for adjudicating disability compensation ratings, in
developing evidence for a claim for disability compensation to take
into consideration the following:
            (1) In the case of a veteran who has visited a center for
        the provision of readjustment counseling and related mental
        health services under section 1712A of title 38, United States
        Code, any treatment records of the veteran from that center.
            (2) In the case of a veteran who has received mental health
        services from a mental health professional, any written opinion
        of that mental health professional submitted to the Department
        by the veteran.
    (g) Consideration of Certain Materials.--In carrying out
subsections (c), (d), and (e), the Secretary of Veterans Affairs shall
consider materials on post-traumatic stress disorder and mental health
provided by the National Center on Post-Traumatic Stress Disorder of
the Department of Veterans Affairs and the Institute of Medicine.
    (h) Employee.--For purposes of this section, the term ``employee of
the Department of Veterans Affairs'' includes an employee of any entity
with which the Secretary of Veterans Affairs has entered into a
contract for the provision of conducting examinations or rating
disabilities for purposes of determining the amount of disability
compensation to be provided to a veteran under laws administered by the
Secretary.

SEC. 5. REPORT TO CONGRESS.

    Not later than two years after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to Congress a
report on the implementation of this Act and the amendments made by
this Act. Such report shall include any evidence of fraud or abuse
relating to any provision of this Act or amendment made by this Act.

Output:
Full Faith in Veterans Act of 2008 - Directs the Secretary of Veterans Affairs to accept as sufficient proof of service-connection of post-traumatic stress disorder (PTSD) alleged to have been incurred in or aggravated by active military service a diagnosis of PTSD by a mental health professional, together with a written determination that such disorder is related to the veteran's service, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding that there is no official record of such incurrence or aggravation during such service. Requires the Secretary to resolve every reasonable doubt in favor of the veteran. Allows PTSD service-connection to be rebutted by clear and convincing evidence.

Directs the Secretary to require Department of Veterans Affairs (VA) employees responsible for rating disabilities, evaluating claims for disability compensation for PTSD, or adjudicating disability compensation ratings to complete a certification program established by the Secretary.

Requires the Secretary to: (1) conduct audits of examinations of veterans who submit claims for disability compensation for PTSD; (2) update the schedule for rating disabilities with respect to PTSD, traumatic brain injury, and other mental disorders; (3) implement new PTSD criteria; (4) implement a holistic treatment approach for veterans with PTSD; and (5) require VA employees responsible for adjudicating disability compensation ratings to take into consideration veterans' treatment records from readjustment counseling centers and written opinions of mental health professionals.