Input:
SECTION 1. PARKING PRIVILEGES FOR CERTAIN INDIVIDUALS WITH
              DISABILITIES.

    (a) In General.--Chapter 1 of title 23, United State Code, is
amended by adding at the end the following new section:
``Sec. 161. Parking privileges for certain individuals with
              disabilities
    ``(a) In General.--
            ``(1) Privileges granted to qualified motor vehicles.--
        Subject to subsection (b), each State, and each political
        subdivision of a State, shall extend the same parking
        privileges to qualified motor vehicles from other States as it
        grants to qualified motor vehicles designated under the laws of
        such State or political subdivision.
            ``(2) Qualified motor vehicle.--A qualified motor vehicle,
        referred to in paragraph (1), is a motor vehicle designated
        under the laws of any State, or any political subdivision of a
        State, for transporting an individual with a disability that
        limits or impairs the ability of the individual to walk.
    ``(b) Withholding of Funds for Noncompliance.--
            ``(1) First year.--The Secretary shall withhold 5 percent
        of the amount required to be apportioned to any State under
        each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6)
        on the 1st day of the 1st fiscal year succeeding fiscal year
        1995 in which the State, or any political subdivision of the
        State, is not in compliance with subsection (a)(1).
            ``(2) Subsequent years.--If the Secretary withholds funds
        from any State under paragraph (1) for any fiscal year and the
        State, or any political subdivision of the State, is not in
        compliance with subsection (a)(1) in any subsequent fiscal
        year, then the Secretary shall withhold 10 percent of the
        amount required to be apportioned to the State under each of
        sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) on the
        1st day of such subsequent fiscal year.
    ``(c) Period of Availability; Effect of Compliance and
Noncompliance.--
            ``(1) Period of availability of withheld funds.--
                    ``(A) Funds withheld on or before september 30,
                1997.--Any funds withheld under this section from
                apportionment to any State on or before September 30,
                1997, shall remain available for apportionment to the
                State as follows:
                            ``(i) Funds apportioned under section
                        104(b)(5)(a).--If the funds would have been
                        apportioned under section 104(b)(5)(A) but for
                        this section, the funds shall remain available
                        until the end of the fiscal year for which the
                        funds are authorized to be appropriated.
                            ``(ii) Funds apportioned under section
                        104(b)(5)(b).--If the funds would have been
                        apportioned under section 104(b)(5)(B) but for
                        this section, the funds shall remain available
                        until the end of the 2d fiscal year following
                        the fiscal year for which the funds are
                        authorized to be appropriated.
                            ``(iii) Funds apportioned under section
                        104(b)(1), 104(b)(2), or 104(b)(6).--If the
                        funds would have been apportioned under section
                        104(b)(1), 104(b)(2), or 104(b)(6) but for this
                        section, the funds shall remain available until
                        the end of the 3d fiscal year following the
                        fiscal year for which the funds are authorized
                        to be appropriated.
                    ``(B) Funds withheld after september 30, 1997.--No
                funds withheld under this section from apportionment to
                any State after September 30, 1997, shall be available
                for apportionment to the State.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld
        from apportionment under this section are to remain available
        for apportionment to a State under paragraph (1)(A), the State
        and all political subdivisions of the State are in compliance
        with subsection (a)(1), then the Secretary shall, on the day
        following the last day of the period, apportion to the State
        the withheld funds remaining available for apportionment to the
        State.
            ``(3) Period of availability of subsequently apportioned
        funds.--
                    ``(A) Availability of funds.--Any funds apportioned
                pursuant to paragraph (2) shall remain available for
                expenditure as follows:
                            ``(i) Funds apportioned under section
                        104(b)(5)(a).--Funds apportioned under section
                        104(b)(5)(A) shall remain available until the
                        end of the fiscal year succeeding the fiscal
                        year in which the funds are apportioned.
                            ``(ii) Funds apportioned under section
                        104(b)(1), 104(b)(2), 104(b)(5)(b), or
                        104(b)(6).--Funds apportioned under section
                        104(b)(1), 104(b)(2), 104(b)(5)(B), or
                        104(b)(6) shall remain available until the end
                        of the 3d fiscal year succeeding the fiscal
                        year in which the funds are apportioned.
                    ``(B)  Lapse of funds.--Funds not obligated at the
                end of the period shall lapse or, in the case of funds
                apportioned under section 104(b)(5), shall lapse and be
                made available by the Secretary for projects in
                accordance with section 118(b).
            ``(4) Effect of noncompliance.--If, at the end of the
        period for which funds withheld from apportionment under this
        section are available for apportionment to a State under
        paragraph (1), the State or any political subdivision of the
        State is not in compliance with subsection (a)(1), then the
        funds shall lapse or, in the case of funds withheld from
        apportionment under section 104(b)(5), the funds shall lapse
        and be made available by the Secretary for projects in
        accordance with section 118(b).
    ``(d) Definitions.--For the purposes of this section:
            ``(1) Motor vehicle.--The term `motor vehicle' has the
        meaning given such term in section 154.
            ``(2) State.--The term `State' means any entity that
        receives apportionments under section 104.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following new
item:

``161. Parking privileges for certain individuals with disabilities.''.

Output:
Requires each State to extend the parking privileges it grants to motor vehicles designated for transporting an individual with a disability that limits or impairs such individual's ability to walk to such vehicles from other States.
Directs the Secretary of Transportation to withhold specified funds for noncompliance.  Makes withheld funds available for other projects, subject to specified requirements.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sound Science for Endangered Species
Act Planning Act of 2002''.

SEC. 2. SOUND SCIENCE.

    (a) Best Scientific and Commercial Data Available as Basis of
Determinations.--Section 4(b)(1)(A) of the Endangered Species Act of
1973 (16 U.S.C. 1533(b)(1)(A)) is amended in the first sentence, by
inserting ``, including any finding under paragraph (3)(B) on a
petition referred to in paragraph (3)(A),'' after ``determinations
required by subsection (a)(1)''.
    (b) Preference for Empirical, Field-Tested, and Peer-Reviewed
Data.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)) is amended by adding at the end the following:
    ``(9) In making any determination under this section, the Secretary
shall give greater weight to any scientific or commercial study or
other information that is empirical or has been field-tested or peer-
reviewed.''.
    (c) Contents of Listing Petitions.--
            (1) In general.--Section 4(b)(3) of the Endangered Species
        Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the
        end the following:
    ``(E) A petition referred to in subparagraph (A) regarding a
species--
            ``(i) shall, to the maximum extent practicable, contain
        clear and convincing evidence--
                    ``(I) of the current known and historic ranges of
                the species concerned;
                    ``(II) of the most recent population estimates and
                trends for the species, if available;
                    ``(III) that any change in the population that is
                alleged in the petition is beyond the natural range of
                fluctuations for the species; and
                    ``(IV) of the reason that the petitioned action is
                warranted, including known or perceived threats to the
                species;
            ``(ii) shall include a bibliography of scientific
        literature on the species in support of the petition; and
            ``(iii) may contain any other information the petitioner
        considers appropriate.
    ``(F) For purposes of subparagraph (E), evidence is clear and
convincing evidence if--
            ``(i) a preponderance of the evidence is based on reliable
        scientific and commercial information; and
            ``(ii) the evidence is sufficient to support a firm belief
        by the Secretary that the petitioned action may be
        warranted.''.
            (2) Requirement for consideration of petition.--Section
        4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C.
        1533(b)(3)) is further amended--
                    (A) in subparagraph (A) in the first sentence, by
                inserting ``and contains the information required under
                clauses (i) and (ii) of subparagraph (E)'' after ``may
                be warranted''; and
                    (B) in subparagraph (B) in the matter preceding
                clause (i), by inserting ``and contains the information
                required under clauses (i) and (ii) of subparagraph
                (E)'' after ``may be warranted''.
    (d) Use of Sound Science in Listing.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is further amended
by adding at the end the following:
    ``(10) Not later than 1 year after the date of enactment of this
paragraph, the Secretary shall promulgate regulations that establish
criteria that must be met for scientific and commercial data, studies,
and other information to be used as the basis of a determination under
this section.
    ``(11)(A) The Secretary may not determine that a species is an
endangered species or a threatened species unless data collected in the
field on the species concerned supports the determination.
    ``(B) The Secretary shall--
            ``(i) accept and acknowledge receipt of data regarding the
        status of a species that is collected by an owner of land,
        including data obtained by observation of the species on the
        land; and
            ``(ii) include the data in the rulemaking record compiled
        for any determination that the species is an endangered species
        or a threatened species.''.
    (e) Use of Sound Science in Recovery Planning.--Section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding
at the end the following:
    ``(6)(A) The Secretary shall identify and publish in the Federal
Register with the notice of a proposed regulation pursuant to paragraph
(5)(A)(i) a description of additional scientific and commercial data
that, if collected, would assist in the preparation of a recovery plan
and--
            ``(i) invite any person to submit the data to the
        Secretary; and
            ``(ii) describe the steps that the Secretary plans to take
        for acquiring additional data.
    ``(B) Data identified and obtained under subparagraph (A)(i) shall
be considered by the recovery team and the Secretary in the preparation
of the recovery plan.''.

SEC. 3. INDEPENDENT SCIENTIFIC REVIEW.

    (a) In General.--Section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533) is amended by adding at the end the following:
    ``(j) Independent Scientific Review Requirements.--(1) In this
subsection:
            ``(A) The term `covered action' means--
                    ``(i) the determination that a species is an
                endangered species or a threatened species under
                subsection (a);
                    ``(ii) the determination under subsection (a) that
                an endangered species or a threatened species be
                removed from any list published under subsection
                (c)(1);
                    ``(iii) the development of a recovery plan for a
                threatened species or endangered species under
                subsection (f);
                    ``(iv) the determination that a proposed action is
                likely to jeopardize the continued existence of a
                listed species or result in the destruction or adverse
                modification of critical habitat and the proposal of
                any reasonable and prudent alternatives by the
                Secretary under section 7(b)(3), if the Secretary finds
                that--
                            ``(I) there is significant disagreement
                        regarding that determination or proposal; or
                            ``(II) that determination or proposal may
                        have significant economic impact; and
                    ``(v) the determination that a proposed action is
                not likely to jeopardize the continued existence of a
                listed species or result in the destruction or adverse
                modification of critical habitat, if the Secretary
                finds that there is significant disagreement regarding
                that determination or proposal.
            ``(B) The term `qualified individual' means an individual
        who meets the standards of the National Academy of Sciences for
        independent scientific review conducted by the Academy, except
        that such term does not include any individual with a conflict
        of interest as determined by the Secretary or by a Governor who
        nominates the individual under paragraph (3)(B).
    ``(2) The Secretary shall--
            ``(A) maintain a list of qualified individuals who are
        available to participate on independent review boards under
        this subsection;
            ``(B) seek nominations of individuals to participate on
        such boards (upon appointment by the Secretary), through the
        Federal Register, scientific and commercial journals, and the
        National Academy of Sciences and other such institutions; and
            ``(C) update such list every two years.
    ``(3)(A) Before any covered action becomes final, the Secretary
shall appoint an independent review board in accordance with this
section that shall review and report to the Secretary in writing on the
scientific information and analyses on which the covered action is
based.
    ``(B) Each independent review board under this paragraph shall be
composed of 5 members, of which--
            ``(i) 3 shall be appointed by the Secretary from the list
        under paragraph (2); and
            ``(ii) 2 shall be appointed by the Secretary from among
        qualified individuals nominated by the Governor of a State in
        which the species concerned is located.
    ``(C) If any individual declines appointment to an independent
review board under this paragraph, the Secretary shall appoint another
individual in the same manner.
    ``(D) The selection of the members, and the activities, of
independent review boards under this paragraph are not subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
    ``(E) If funds are available, the Secretary shall provide
compensation to an individual for service as a member of an independent
review board under this paragraph, at a rate not to exceed the daily
equivalent of the maximum annual rate of basic pay for grade GS-14 of
the General Schedule for each day (including travel time) during which
the individual is engaged in the actual performance of duties as a
member of such board.
    ``(F) The Secretary may not delegate the authority to make
appointments under this paragraph to any official who is below the
level of the Director of the United States Fish and Wildlife Service or
the Assistant Administrator for Fisheries of the National Oceanic and
Atmospheric Administration.
    ``(4)(A) Each independent review board under this subsection shall
provide to the Secretary, within 90 days after the completion of
appointment of the board, the opinion of the board regarding all
relevant scientific information and assumptions relating to the
taxonomy, population models, and supportive biological and ecological
information for the species in question.
    ``(B) The Secretary shall--
            ``(i) develop a protocol for the conduct of scientific
        independent review under this subsection, that--
                    ``(I) includes review of the adequacy of any
                scientific methodology used to support an action and
                the validity of any conclusions drawn from data used to
                support an action; and
                    ``(II) is modeled after applicable National Academy
                of Sciences policies and guidelines for report reviews;
                and
            ``(ii) provide to each independent review board established
        under this subsection clear guidelines as to the conduct of its
        review consistent with that protocol.
    ``(5) If an independent review board under this subsection makes a
recommendation regarding a covered action, the Secretary shall, within
90 days after receiving the recommendation, evaluate and consider the
information that results from the review by the board, and shall
include in the rulemaking record for the covered action--
            ``(A) a summary of the results of the review by the board;
        and
            ``(B) in a case in which the recommendation of a majority
        of the members of the board is not followed, an explanation of
        why the recommendation was not followed.
    ``(6) The report of each independent review board under this
subsection shall be included in the rulemaking record of any regulation
with respect to which the board is convened, and shall be available for
public review for at least 30 days before the close of the period for
comment on the regulation.''.
    (b) Biological Assessments.--Section 7(c) of the Endangered Species
Act of 1973 (16 U.S.C. 1536(c)) is amended by adding at the end the
following:
    ``(3) In preparing a biological assessment under this subsection,
the head of an agency shall solicit and review any scientific and
commercial data that a prospective permit or license applicant believes
is relevant to the assessment, and shall make that data available to
the Secretary.''.
    (c) Extension of Periods.--Section 4(b)(6) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(6)) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i) by striking
                ``one-year'' and inserting ``18-month''; and
                    (B) in clause (i)(III) by striking ``one-year'' and
                inserting ``18-month''; and
                    (C) in clause (ii)(II) by striking ``one-year'' and
                inserting ``18-month'';
            (2) in subparagraph (B)--
                    (A) in clause (i) by striking ``one-year'' and
                inserting ``18-month'';
                    (B) in clause (ii) by striking ``one-year'' and
                inserting ``18-month''; and
                    (C) in clause (iii) by striking ``one-year'' and
                inserting ``18-month''; and
            (3) in subparagraph (C)(ii) by striking ``one-year'' and
        inserting ``18-month''.

SEC. 4. IMPROVED INTERAGENCY COOPERATION.

    (a) Use of Information Provided by States.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by
adding at the end the following:
    ``(C) In conducting a consultation under subsection (a)(2), the
Secretary shall actively solicit and consider information from the
State agency in each affected State.''.
    (b) Opportunity To Participate in Consultations.--Section 7(b)(1)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as
amended by subsection (a)) is further amended by adding at the end the
following:
    ``(D)(i) In conducting a consultation with a Federal agency under
subsection (a)(2), the Secretary and the head of the agency shall
provide any person who has sought authorization or funding from a
Federal agency for an action that is the subject of the consultation,
the opportunity to--
            ``(I) before the development of a draft biological opinion,
        submit and discuss with the Secretary and the Federal agency
        information relevant to the effect of the proposed action on
        the species and reasonable and prudent alternatives that the
        Federal agency and the person can take to avoid violation of
        subsection (a)(2), including any such alternatives proposed by
        the person;
            ``(II) receive information, on request, subject to the
        exemptions specified in section 552(b) of title 5, United
        States Code, on the status of the species, threats to the
        species, and conservation measures, used by the Secretary to
        develop the draft biological opinion and the final biological
        opinion, including any associated incidental taking statements;
        and
            ``(III) receive a copy of the draft biological opinion from
        the Federal agency and, before issuance of the final biological
        opinion, submit comments on the draft biological opinion and
        discuss with the Secretary and the Federal agency the basis for
        any finding in the draft biological opinion.
    ``(ii) If alternatives are proposed by a person under clause (i)
and the Secretary does not include the alternatives in the final
biological opinion, the Secretary shall provide to the person
reasonable justification, based on the best scientific and commercial
data available, why those alternatives were not included in the
opinion.
    ``(iii) Comments and other information submitted to, or received
from, any person (pursuant to clause (i)) who seeks authorization or
funding for an action shall be maintained in a file for that action by
the Secretary and shall be made available to the public (subject to the
exemptions specified in section 552(b) of title 5, United States
Code).''.

Output: Sound Science for Endangered Species Act Planning Act of 2002 - Amends the Endangered Species Act of 1973 to require the use of the best scientific and commercial data available as a basis of determinations on a petition to add or remove a species from the endangered species list. Directs the Secretary of the Interior to give greater weight to any scientific or commercial study or other information that is empirical or has been field-tested or peer-reviewed.Requires that a petition regarding a species contain clear and convincing evidence of the current and historic ranges of the species concerned, of the most recent population estimates and trends for the species, that any alleged change in the population is beyond the natural range of fluctuations, and of the reason that the petitioned action is warranted.Directs the Secretary to: (1) promulgate regulations that establish criteria that must be met for scientific and commercial information to be used as the basis of a determination to support listing a species; and (2) identify and publish in the Federal Register with notice of a proposed regulation a description of additional scientific and commercial data that would assist in the preparation of a recovery plan. Prohibits the Secretary from determining that a species is endangered or threatened unless field data collected supports the determination.Defines "covered action" to include: (1) additions to or removals from the lists of endangered or threatened species; (2) a recovery plan; and (3) a determination that a proposed action is or is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat.Requires the Secretary to: (1) appoint an independent review board to review and report on the scientific information and analyses on which a covered action is based before such covered action becomes final; and (2) provide specified participation opportunities to any person who has sought authorization or funding from a Federal agency for an action that is subject to consultation regarding its effects on endangered or threatened species or habitats.Extends the Secretary's review period for covered actions from one year to 18 months.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Humanitarian Assistance to Combat
HIV/AIDS in sub-Saharan Africa and the Caribbean and National Security
Act of 2003''.

SEC. 2. FINDINGS.

     Congress makes the following findings:
            (1) The National Security Strategy of the United States,
        dated September 17, 2002, states: ``[I]n Africa, promise and
        opportunity sit side-by-side with disease, war and desperate
        poverty. This threatens both a core value of the United States
        preserving human dignity and our strategic priority combating
        global terror. American interests and American principles,
        therefore, lead in the same direction: we will work with others
        for an African continent that lives in liberty, peace, and
        growing prosperity.''.
            (2) On March 19, 2002, the Director of Central Intelligence
        testified before Congress that ``[T]he chronic problems of sub-
        Saharan Africa make it, too, fertile ground for direct and
        indirect threats to United States interests. Governments
        without accountability and natural disasters have left Africa
        with the highest concentration of human misery in the world.''.
            (3) Sub-Saharan Africa has been far more severely affected
        by HIV/AIDS than any other part of the world. In fact, AIDS has
        surpassed malaria as the leading cause of death in sub-Saharan
        Africa, and it kills many times more people than Africa's armed
        conflicts.
            (4) Africa, where an estimated 3,500,000 people were newly
        infected with HIV in 2002, has approximately 10 percent of the
        world's population but more than 70 percent of the worldwide
        total of people infected with HIV.
            (5) In November 2002, the Joint United Nations Programme on
        HIV/AIDS (UNAIDS) reported that in 2002, 29,400,000 people were
        living with HIV/AIDS in sub-Saharan Africa, an increase from
        28,500,000 people in 2001.
            (6) At the end of 2001, an estimated 21,500,000 Africans
        had lost their lives to AIDS, including an estimated 2,200,000
        individuals who died in that year. UNAIDS estimates that by
        2020, an additional 55,000,000 Africans will lose their lives
        to the epidemic.
            (7) The HIV/AIDS epidemic in Africa is having a much
        greater impact on children than is the case in other parts of
        the world.
            (8) According to UNAIDS, more than 600,000 African infants
        become infected with HIV each year through mother-to-child
        transmission, either at birth or through breast-feeding. These
        children have short life expectancies, and the number currently
        alive may be about 1,000,000 children.
            (9) In 2001, an estimated 11,000,000 children who became
        orphans by AIDS were living in Africa.
            (10) Because of the stigma attached to AIDS, children who
        become orphans by AIDS are at high risk for being malnourished,
        abused, and denied an education.
            (11) According to UNAIDS, women make up an estimated 58
        percent of the HIV-positive adult population in sub-Saharan
        Africa, as compared to 50 percent of the HIV-positive adult
        population worldwide.
            (12) Young women are particularly at risk. In 2001, an
        estimated 6 to 11 percent of African women aged 15 to 24 were
        HIV-positive, compared to 3 to 6 percent of young men.
            (13)(A) The HIV-infection rate among adults is
        approximately 8.8 percent in Africa, compared with 1.2 percent
        worldwide. The HIV/AIDS epidemic in sub-Saharan Africa is a
        major component of this African crisis.
            (B) In 7 sub-Saharan African countries, 20 percent or more
        of the adult population is infected with HIV, and the rate has
        reached 38.8 percent in Botswana.
            (C) Moreover, in Cameroon, a West African country, the
        adult HIV-infection rate has increased from 4.7 percent in 1996
        to 11.8 percent in 2001.
            (D) In Nigeria, with a population that exceeds 125,000,000,
        an estimated 5.8 percent of adults were HIV-positive in 2001,
        and infection rates in some areas of Nigeria have reached
        levels seen in neighboring Cameroon.
            (14) Nongovernmental organizations working in Africa, donor
        governments, and African governments have responded to the HIV/
        AIDS epidemic primarily by attempting to reduce the number of
        new HIV infections, and to some degree, by trying to ameliorate
        the damage done by AIDS to families, societies, and economies.
            (15)(A) A 1999 United Nations study found that community-
        based organizations, sometimes with the support of
        nongovernmental organizations, have emerged to supply
        additional labor, home care for the sick, house repair, and
        other services to AIDS-afflicted families.
            (B) Programs and projects aimed at combating the epidemic
        typically provide information on how HIV is spread, and on how
        it can be avoided, through the media, posters, lectures, and
        skits. AIDS awareness programs can be found in many African
        schools and increasingly in the workplace, where employers are
        recognizing their interest in reducing the HIV-infection rate
        among their employees.
            (16) Public-private partnerships have also become an
        important vehicle for responding to the HIV/AIDS pandemic in
        Africa.
            (17)(A) The United States Agency for International
        Development estimates that in fiscal year 2000, all donors and
        lending agencies, together with African governments, spent
        approximately $500,000,000 in combating HIV/AIDS, but donors
        have committed to increasing this amount.
            (B) On July 23, 2000, leaders at the G-8 world economic
        summit in Okinawa, Japan, pledged to reduce the number of young
        people infected with the HIV virus by 25 percent.
            (18) The World Health Organization estimates that a pledge
        by the G-8 countries to combat malaria and tuberculosis, and
        reduce the HIV virus in Africa by 25 percent, would cost at
        least $5,000,000,000 per year for 5 years. The World Bank
        launched its Multi-Country HIV/AIDS Program (MAP) for Africa in
        September 2000, and a World Bank official said in October 2002
        that to date, $1,000,000,000 had been committed.
            (19) On December 9, 2001, Peter Piot, Executive Director of
        UNAIDS, told an international AIDS conference in Burkina Faso
        that assistance to fight HIV/AIDS in sub-Saharan Africa should
        be increased ``many-fold'', and that the region requires
        $5,000,000,000 per year to confront the HIV/AIDS pandemic.
            (20) While the AIDS epidemic in Caribbean countries does
        not compare to the severity of the epidemic in Africa, there
        are an estimated 420,000 people living with AIDS in Caribbean
        countries. Moreover, the HIV/AIDS adult prevalence rate in
        several countries in the Caribbean is among the highest outside
        of sub-Saharan Africa.
            (21) Caribbean countries with the highest prevalence of HIV
        infection rates are Haiti and the Bahamas, with adult HIV
        infection rates at more than 4 percent. Overall, an estimated 1
        out of 50 people in Caribbean countries is infected with HIV.
        Haiti and the Dominican Republic, with a combined 340,000
        adults and children living with HIV/AIDS, account for
        approximately 87 percent of the infected population of
        Caribbean countries. As noted by the United States Agency for
        International Development, Haiti's poverty, civil conflict, and
        unstable governance have contributed to the rapid spread of
        AIDS. In some urban areas of Haiti, HIV infection rates are at
        more than 10 percent of the population.
            (22) In Caribbean countries, access to treatment and care
        is non-existent for many infected with HIV. Nevertheless, many
        projects demonstrate that even in severely impoverished
        countries with little health infrastructure, there can be
        sustained treatment for people with HIV/AIDS.

SEC. 3. SENSE OF CONGRESS.

     It is the sense of Congress that--
            (1) effectively addressing the HIV/AIDS problem in
        countries in sub-Saharan Africa and the Caribbean is a moral
        issue of the greatest magnitude and is in the national security
        interest of the United States; and
            (2) the President should enter into direct talks with the
        governments of other member countries of the G-8 and member
        countries of the European Union to increase the amount of
        financial support to combat the HIV/AIDS pandemic in sub-
        Saharan Africa and the Caribbean.

SEC. 4. GRANTS TO COMBAT HIV/AIDS IN SUB-SAHARAN AFRICA AND CARIBBEAN
              COUNTRIES.

     The Administrator of the United States Agency for International
Development is authorized to award grants to nongovernmental
organizations for the prevention, treatment, and control of HIV/AIDS in
countries in sub-Saharan Africa and Caribbean countries, including by
expanding activities to prevent the mother-to-child transmission of HIV
by providing treatment, medical care, and support services to HIV-
infected parents and their children. In carrying out the preceding
sentence, it is the sense of Congress that the Secretary of Health and
Human Services, acting through the Director of the Centers for Disease
Control and Prevention, should provide appropriate medical and
technical expertise to the Administrator and recipient governments.

SEC. 5. APPOINTMENT OF HEALTH OFFICERS TO UNITED STATES EMBASSIES IN
              SUB-SAHARAN AFRICA AND THE CARIBBEAN.

    The Secretary of State, in conjunction with the Secretary of Health
and Human Services, is authorized to appoint to the country team in
each United States embassy in sub-Saharan Africa and the Caribbean a
health officer to advise the United States Ambassador and assist in
coordination of the effort to combat HIV/AIDS with local governments.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry
out this Act $500,000,000 for each of the fiscal years 2004 through
2008.
    (b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.

SEC. 7. DEFINITIONS.

     In this Act:
            (1) AIDS.--The term ``AIDS'' means acquired immune
        deficiency syndrome.
            (2) Caribbean countries.--The term ``Caribbean countries''
        means the countries described in section 212(b) of the
        Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)).
            (3) HIV.--The term ``HIV'' means the human immunodeficiency
        virus, the pathogen that causes AIDS.
    (4) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an
individual, an individual who is infected with HIV or living with AIDS.
            (5) Countries in sub-saharan africa.--The term ``countries
        in sub-Saharan Africa'' has the meaning given such term in
        section 107 of the African Growth and Opportunity Act (19
        U.S.C. 3706).

Output:
Humanitarian Assistance to Combat HIV/AIDS in sub-Saharan Africa and the Caribbean and National Security Act of 2003 - Declares the sense of Congress that: (1) effectively addressing the HIV/AIDS problem in countries in sub-Saharan Africa and the Caribbean is a moral issue of the greatest magnitude and is in the national security interest of the United States; and (2) the President should enter into direct talks with the governments of other member countries of the G-8 and member countries of the European Union to increase the amount of financial support to combat the HIV/AIDS pandemic in sub-Saharan Africa and the Caribbean.

Authorizes the Administrator of the United States Agency for International Development (USAID) to award grants to nongovernmental organizations (NGOs) for the prevention, treatment, and control of HIV/AIDS in countries in sub-Saharan Africa and Caribbean countries, including treatment, medical care, and support services to HIV-infected parents and their children. Expresses the sense of Congress that the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, should provide appropriate medical and technical expertise to the Administrator and recipient governments.

Authorizes the Secretary of State, in conjunction with the Secretary of HHS, to appoint to the country team in each U.S. embassy in sub-Saharan Africa and the Caribbean a health officer to advise the U.S. Ambassador and assist in coordination of the effort to combat HIV/AIDS with local governments.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Prescription Drug Cost
Containment Act of 2004''.

SEC. 2. INCLUSION IN ANNUAL REPORT OF MEDICARE TRUSTEES OF INFORMATION
              ON STATUS OF MEDICARE PRESCRIPTION DRUG ACCOUNT.

    (a) Determinations of Excess General Revenue Medicare Prescription
Drug Funding.--
            (1) In general.--On the same date on which the President
        submits a budget to Congress, the Secretary of Health and Human
        Services (in this Act referred to as the ``Secretary''), shall
        submit to Congress a determination as to whether there is
        projected to be excess general revenue medicare prescription
        drug funding (as defined in subsection (b)) for the fiscal year
        for which the budget is submitted.
            (2) Medicare part d funding warning.--For purposes of
        section 1105(i) of title 31, United States Code, and this Act,
        an affirmative determination under paragraph (1) by the
        Secretary shall be treated as a medicare part D funding warning
        in the fiscal year beginning on October 1 of the year in which
        the determination is submitted to Congress.
    (b) Definitions.--For purposes of this section:
            (1) Excess general revenue medicare prescription drug
        funding.--The term ``excess general revenue medicare
        prescription drug funding'' means, with respect to a fiscal
        year during the period beginning on the date of enactment of
        this Act and ending on September 30, 2013, that--
                    (A) the amounts deposited in the Medicare
                Prescription Drug Account under section 1860D-16(c)(2)
                (42 U.S.C. 1395w-116(c)(2)), as added by section 101 of
                the Medicare Prescription Drug, Improvement, and
                Modernization Act of 2003 (Public Law 108-173); exceed
                    (B) the part D target amount (as defined in
                paragraph (2)).
            (2) Part d target amount.--The term ``part D target
        amount'' means for a year--
                    (A) for fiscal year 2005, $800,000,000;
                    (B) for fiscal year 2006, $25,700,000,000;
                    (C) for fiscal year 2007, $39,000,000,000;
                    (D) for fiscal year 2008, $44,600,000,000;
                    (E) for fiscal year 2009, $48,700,000,000;
                    (F) for fiscal year 2010, $53,700,000,000;
                    (G) for fiscal year 2011, $58,600,000,000;
                    (H) for fiscal year 2012, $65,300,000,000; and
                    (I) for fiscal year 2013, $73,100,000,000.
    (c) Technical Amendment.--Section 1860D-16(c)(3) of the Social
Security Act (42 U.S.C. 1395w-116(c)(3)), as added by section 101 of
the Medicare Prescription Drug, Improvement, and Modernization Act of
2003 (Public Law 108-173), is amended by striking ``under paragraph (1)
or subsection (a)(2)'' and inserting ``under paragraph (1), (2), or
(4), gifts and bequests as may be made as provided in section
201(i)(1), or accrued interest on balances in the Account''.

SEC. 3. PRESIDENTIAL SUBMISSION OF LEGISLATION.

    (a) In General.--Section 1105 of title 31, United States Code, as
amended by section 802(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173), is
amended by adding at the end the following new subsection:
    ``(i)(1) If there is a medicare part D funding warning under
section 2(a)(2) of the Medicare Prescription Drug Cost Containment Act
of 2004 made in a year, the President shall submit to Congress, within
the 15-day period beginning on the date of the budget submission to
Congress under subsection (a) for the succeeding year, proposed
legislation to respond to such warning.
    ``(2) Paragraph (1) does not apply if, during the year in which the
warning is made, legislation is enacted which eliminates excess general
revenue medicare funding (as defined in section 2(b) of the Medicare
Prescription Drug Cost Containment Act of 2004) for the period
beginning with the fiscal year for which the determination is made and
ending on September 30, 2013, as certified by the Board of Trustees of
the Federal Supplementary Medicare Insurance Trust Fund not later than
30 days after the date of the enactment of such legislation.''.
    (b) Sense of Congress.--It is the sense of Congress that
legislation submitted pursuant to section 1105(i) of title 31, United
States Code, in a year should be designed to eliminate excess general
revenue medicare funding (as defined in section 2(b)) for the period
that begins with the fiscal year for which the determination is made
and ends on September 30, 2013.

SEC. 4. PROCEDURES IN THE HOUSE OF REPRESENTATIVES.

    (a) Introduction and Referral of President's Legislative
Proposal.--
            (1) Introduction.--In the case of a legislative proposal
        submitted by the President pursuant to section 1105(i) of title
        31, United States Code, as added by section 3(a), within the
        15-day period specified in paragraph (1) of such section, the
        majority leader of the House of Representatives (or his
        designee) and the minority leader of the House of
        Representatives (or his designee) shall introduce such proposal
        (by request), the title of which is as follows: ``A bill to
        respond to a medicare part D funding warning.'' Such bill shall
        be introduced within 3 legislative days after Congress receives
        such proposal.
            (2) Referral.--Any legislation introduced pursuant to
        paragraph (1) shall be referred to the appropriate committees
        of the House of Representatives.
    (b) Direction to the Appropriate House Committees.--
            (1) In general.--In the House, in any year during which the
        President is required to submit proposed legislation to
        Congress under section 1105(i) of title 31, United States Code,
        the appropriate committees shall report medicare funding
        legislation by not later than June 30 of such year.
            (2) Medicare funding legislation.--For purposes of this
        section, the term ``medicare funding legislation'' means--
                    (A) legislation introduced pursuant to subsection
                (a)(1), but only if the legislative proposal upon which
                the legislation is based was submitted within the 15-
                day period referred to in such subsection; or
                    (B) any bill the title of which is as follows: ``A
                bill to respond to a medicare part D funding
                warning.''.
            (3) Certification.--With respect to any medicare funding
        legislation or any amendment to such legislation to respond to
        a medicare part D funding warning, the chairman of the
        Committee on the Budget of the House shall certify--
                    (A) whether or not such legislation eliminates
                excess general revenue medicare funding (as defined in
                section 2(c)) for each fiscal year during the period
                beginning with the fiscal year for which the
                determination is made and ending on September 30, 2013;
                and
                    (B) with respect to such an amendment, whether the
                legislation, as amended, would eliminate excess general
                revenue medicare funding (as defined in section 2(c))
                for each fiscal year in such period.
    (c) Fallback Procedure for Floor Consideration If the House Fails
To Vote on Final Passage by July 30.--
            (1) After July 30 of any year during which the President is
        required to submit proposed legislation to Congress under
        section 1105(i) of title 31, United States Code, unless the
        House of Representatives has voted on final passage of any
        medicare funding legislation for which there is an affirmative
        certification under subsection (b)(3)(A), then, after the
        expiration of not less than 30 calendar days (and concurrently
        5 legislative days), it is in order to move to discharge any
        committee to which medicare funding legislation which has such
        a certification and which has been referred to such committee
        for 30 calendar days from further consideration of the
        legislation.
            (2) A motion to discharge may be made only by an individual
        favoring the legislation, may be made only if supported by \1/
        5\ of the total membership of the House of Representatives (a
        quorum being present), and is highly privileged in the House of
        Representatives. Debate thereon shall be limited to not more
        than 1 hour, the time to be divided in the House of
        Representatives equally between those favoring and those
        opposing the motion. An amendment to the motion is not in
        order, and it is not in order to move to reconsider the vote by
        which the motion is agreed to or disagreed to.
            (3) Only 1 motion to discharge a particular committee may
        be adopted under this subsection in any session of Congress.
            (4) Notwithstanding paragraph (1), it shall not be in order
        to move to discharge a committee from further consideration of
        medicare funding legislation pursuant to this subsection during
        a session of Congress if, during the previous session of the
        Congress, the House of Representatives passed medicare funding
        legislation for which there is an affirmative certification
        under subsection (b)(3)(A).
    (d) Floor Consideration in the House of Discharged Legislation.--
            (1) In the House, not later than 3 legislative days after
        any committee has been discharged from further consideration of
        legislation under subsection (c), the Speaker shall resolve the
        House into the Committee of the Whole for consideration of the
        legislation.
            (2) The first reading of the legislation shall be dispensed
        with. All points of order against consideration of the
        legislation are waived. General debate shall be confined to the
        legislation and shall not exceed 5 hours, which shall be
        divided equally between those favoring and those opposing the
        legislation. After general debate the legislation shall be
        considered for amendment under the 5-minute rule. During
        consideration of the legislation, no amendments shall be in
        order in the House of Representatives or in the Committee of
        the Whole except those for which there has been an affirmative
        certification under subsection (b)(3)(B). All points of order
        against consideration of any such amendment in the Committee of
        the Whole are waived. The legislation, together with any
        amendments which shall be in order, shall be considered as
        read. During the consideration of the bill for amendment, the
        Chairman of the Committee of the Whole may accord priority in
        recognition on the basis of whether the Member offering an
        amendment has caused it to be printed in the portion of the
        Congressional Record designated for that purpose in clause 8 of
        Rule XVIII of the Rules of the House of Representatives. Debate
        on any amendment shall not exceed 1 hour, which shall be
        divided equally between those favoring and those opposing the
        amendment, and no pro forma amendments shall be offered during
        the debate. The total time for debate on all amendments shall
        not exceed 10 hours. At the conclusion of consideration of the
        legislation for amendment, the Committee shall rise and report
        the legislation to the House of Representatives with such
        amendments as may have been adopted. The previous question
        shall be considered as ordered on the legislation and
        amendments thereto to final passage without intervening motion
        except one motion to recommit with or without instructions. If
        the Committee of the Whole rises and reports that it has come
to no resolution on the bill, then on the next legislative day the
House of Representatives shall, immediately after the third daily order
of business under clause 1 of Rule XIV of the Rules of the House of
Representatives, resolve into the Committee of the Whole for further
consideration of the bill.
            (3) All appeals from the decisions of the Chair relating to
        the application of the Rules of the House of Representatives to
        the procedure relating to any such legislation shall be decided
        without debate.
            (4) Except to the extent specifically provided in the
        preceding provisions of this subsection, consideration of any
        such legislation and amendments thereto (or any conference
        report thereon) shall be governed by the Rules of the House of
        Representatives applicable to other bills and resolutions,
        amendments, and conference reports in similar circumstances.
    (e) Legislative Day Defined.--As used in this section, the term
``legislative day'' means a day on which the House of Representatives
is in session.
    (f) Restriction on Waiver.--In the House of Representatives, the
provisions of this section may be waived only by a rule or order
proposing only to waive such provisions.
    (g) Rulemaking Power.--The provisions of this section are enacted
by the Congress--
            (1) as an exercise of the rulemaking power of the House of
        Representatives and, as such, shall be considered as part of
        the rules of that House of Representatives and shall supersede
        other rules only to the extent that they are inconsistent
        therewith; and
            (2) with full recognition of the constitutional right of
        that House to change the rules (so far as they relate to the
        procedures of that House) at any time, in the same manner, and
        to the same extent as in the case of any other rule of that
        House.

SEC. 5. PROCEDURES IN THE SENATE.

    (a) Introduction and Referral of President's Legislative
Proposal.--
            (1) Introduction.--In the case of a legislative proposal
        submitted by the President pursuant to section 1105(i) of title
        31, United States Code, within the 15-day period specified in
        paragraph (1) of such section, the majority leader and minority
        leader of the Senate (or their designees) shall introduce such
        proposal (by request), the title of which is as follows: ``A
        bill to respond to a medicare part D funding warning.'' Such
        bill shall be introduced within 3 days of session after
        Congress receives such proposal.
            (2) Referral.--Any legislation introduced pursuant to
        paragraph (1) shall be referred to the Committee on Finance.
    (b) Medicare Funding Legislation.--For purposes of this section,
the term ``medicare funding legislation'' means--
            (1) legislation introduced pursuant to subsection (a)(1),
        but only if the legislative proposal upon which the legislation
        is based was submitted within the 15-day period referred to in
        such subsection; or
            (2) any bill the title of which is as follows: ``A bill to
        respond to a medicare part D funding warning.''.
    (c) Qualification for Special Procedures.--
            (1) In general.--The special procedures set forth in
        subsections (d) and (e) shall apply to medicare funding
        legislation, as described in subsection (b), only if the
        legislation--
                    (A) is medicare funding legislation that is passed
                by the House of Representatives; or
                    (B) contains matter within the jurisdiction of the
                Committee on Finance in the Senate.
            (2) Failure to qualify for special procedures.--If the
        medicare funding legislation does not satisfy paragraph (1),
        then the legislation shall be considered under the ordinary
        procedures of the Standing Rules of the Senate.
    (d) Discharge.--
            (1) In general.--If the Committee on Finance of the Senate
        has not reported medicare funding legislation described in
        subsection (c)(1) by June 30 of a year in which the President
        is required to submit medicare funding legislation to Congress
        under section 1105(i) of title 31, United States Code, then any
        Senator may move to discharge the Committee of any single
        medicare funding legislation measure. Only 1 such motion shall
        be in order in any session of Congress.
            (2) Debate limits.--Debate in the Senate on any such motion
        to discharge, and all appeals in connection therewith, shall be
        limited to not more than 2 hours. The time shall be equally
        divided between, and controlled by, the maker of the motion and
        the majority leader, or their designees, except that in the
        event the majority leader is in favor of such motion, the time
        in opposition thereto shall be controlled by the minority
        leader or the minority leader's designee. A point of order
        under this subsection may be made at any time. It is not in
        order to move to proceed to another measure or matter while
        such motion (or the motion to reconsider such motion) is
        pending.
            (3) Amendments.--No amendment to the motion to discharge
        shall be in order.
            (4) Exception if certified legislation enacted.--
        Notwithstanding paragraph (1), it shall not be in order to
        discharge the Committee from further consideration of medicare
        funding legislation pursuant to this subsection during a
        session of a Congress if the chairman of the Committee on the
        Budget of the Senate certifies that medicare funding
        legislation has been enacted that eliminates excess general
        revenue medicare funding (as defined in section 2(c)) for each
        fiscal year in the period beginning with the fiscal year for
        which the determination is made and ending on September 30,
        2013.
    (e) Consideration.--After the date on which the Committee on
Finance of the Senate has reported medicare funding legislation
described in subsection (c)(1), or has been discharged (under
subsection (d)) from further consideration of, such legislation, it is
in order (even though a previous motion to the same effect has been
disagreed to) for any Member of the Senate to move to proceed to the
consideration of such legislation.
    (f) Rules of the Senate.--This section is enacted by the Senate--
            (1) as an exercise of the rulemaking power of the Senate
        and as such it is deemed a part of the rules of the Senate, but
        applicable only with respect to the procedure to be followed in
        the Senate in the case of a bill described in this paragraph,
        and it supersedes other rules only to the extent that it is
        inconsistent with such rules; and
            (2) with full recognition of the constitutional right of
        the Senate to change the rules (so far as relating to the
        procedure of the Senate) at any time, in the same manner, and
        to the same extent as in the case of any other rule of the
        Senate.

Output:
Medicare Prescription Drug Cost Containment Act of 2004 - Directs the Secretary of Health and Human Services, on the same date on which the President submits a budget to Congress, to determine to Congress whether excess general revenue Medicare prescription drug funding is projected for the fiscal year for which the budget is submitted. Treats an affirmative determination as a Medicare part D (Voluntary Prescription Drug Benefit Program) funding warning in the fiscal year beginning on October 1 of the year in which the determination is made.

Amends Federal money and finance law, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the President to submit to Congress proposed legislation to respond to such a warning within 15 days after the budget submission to Congress for the succeeding year. States that such requirement shall not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue Medicare funding for the period beginning with the fiscal year for which the determination is made through September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund.

Expresses the sense of Congress that legislation submitted by the President in response to a warning should be designed to eliminate excess general revenue Medicare funding for the period that begins with the fiscal year for which the determination is made through September 30, 2013.

Sets out the special procedures for House and Senate consideration of the President's legislative proposal in response to such warning.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Permanent Families for All Children
Act''.

SEC. 2. 3-YEAR LIMIT ON FEDERAL REIMBURSEMENT OF FOSTER CARE
              MAINTENANCE PAYMENTS FOR CHILD NOT IN A LEGAL
              GUARDIANSHIP OR KINSHIP GUARDIANSHIP ARRANGEMENT.

    Section 474 of the Social Security Act (42 U.S.C. 674) is amended
by adding at the end the following:
    ``(h) Limitation on Number of Months for Which Foster Care
Maintenance Payments Made on Behalf of a Child Not in a Legal
Guardianship or Kinship Guardianship Arrangement May Be Reimbursed.--
Notwithstanding any other provision of this part, a foster care
maintenance payment made on behalf of a child shall not be taken into
account for purposes of this section after such a payment has been made
on behalf of the child for 36 months (whether or not consecutive)
ending after the effective date of this subsection, unless the child is
in a legal guardianship or kinship guardianship arrangement.''.

SEC. 3. 1-YEAR LIMIT ON FEDERAL REIMBURSEMENT OF FOSTER CARE
              MAINTENANCE PAYMENTS FOR CHILD IN CHILD-CARE INSTITUTION.

    Section 474 of the Social Security Act (42 U.S.C. 674), as amended
by section 2 of this Act, is amended by adding at the end the
following:
    ``(i) Limitation on Number of Months for Which Foster Care
Maintenance Payments Made to Child-Care Institutions on Behalf of a
Child May Be Reimbursed.--Notwithstanding any other provision of this
part, a foster care maintenance payment made to a child-care
institution on behalf of a child residing in the institution shall not
be taken into account for purposes of this section after such a payment
has been made to 1 or more such institutions on behalf of the child for
12 months (whether or not consecutive) ending after the effective date
of this subsection.''.

SEC. 4. ELIMINATION OF AFDC ELIGIBILITY REQUIREMENT FOR FOSTER CARE
              MAINTENANCE PAYMENTS.

    (a) Elimination of Income Eligibility Requirement.--
            (1) In general.--Section 472(a) of the Social Security Act
        (42 U.S.C. 672(a)) is amended--
                    (A) in paragraph (1), by striking ``if'' and all
                that follows and inserting ``if the removal and foster
                care placement met, and the placement continues to
                meet, the requirements of paragraph (2).''; and
                    (B) by striking paragraphs (3) and (4).
            (2) Conforming amendments.--
                    (A) Section 470 of such Act (42 U.S.C. 670) is
                amended by striking ``who otherwise would have been
                eligible for assistance under the States plan approved
                under part A (as such plan was in effect on June 1,
                1995)''.
                    (B) Section 479B(c)(1)(C)(ii) of such Act (42
                U.S.C. 679c(c)(1)(C)(ii)) is amended--
                            (i) by striking ``the following shall
                        apply:'' and all that follows through ``Only''
                        and inserting ``only''; and
                            (ii) by striking subclause (II).
    (b) Replacement of Federal Matching Rate Applicable to Foster Care
Maintenance Payments and Related Costs.--
            (1) In general.--Section 474(a)(1) of such Act (42 U.S.C.
        674(a)(1)) is amended to read as follows:
            ``(1) an amount equal to the foster care partnership rate
        applicable to the State for the quarter, as determined under
        subsection (k), of the total amount expended during the quarter
        as foster care maintenance payments under section 472 for
        children in foster family homes or child-care institutions (or,
        with respect to such payments made during the quarter under a
        cooperative agreement or contract entered into by the State and
        an Indian tribe, tribal organization, or tribal consortium for
        the administration or payment of funds under this part, an
        amount equal to the Federal medical assistance percentage (as
        defined in section 1905(b)) that would apply under section
        479B(d) (in this paragraph referred to as the `tribal FMAP') if
        the Indian tribe, tribal organization, or tribal consortium
        made such payments under a program operated under that section,
        unless the tribal FMAP is less than the Federal medical
        assistance percentage that applies to the State); plus''.
            (2) Foster care partnership rate.--Section 474 of such Act
        (42 U.S.C. 674), as amended by sections 2 and 3 of this Act, is
        amended by adding at the end the following:
    ``(k) The Secretary, in consultation with a State, shall determine
the foster care partnership rate applicable to the State for a quarter
so that the total of the amounts payable to the State under subsection
(a)(1) for the fiscal year in which the quarter occurs equals the total
of the amounts required to be paid to the State under subsection (a)(1)
(as in effect just before the 1st quarter for which this subsection is
in effect with respect to the State) for the 4 quarters preceding such
1st quarter.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall take effect on the 1st
        day of the 1st calendar quarter that begins after the date of
        the enactment of this Act.
            (2) State option to delay effective date.--A State may
        elect to delay the effectiveness of the amendments made by this
        section with respect to the State for not more than 3 years.

SEC. 5. ELIGIBILITY OF CHILD IN RESIDENTIAL TREATMENT PROGRAM FOR HALF
              OF REGULAR FOSTER CARE MAINTENANCE PAYMENTS.

    Section 472(b) of the Social Security Act (42 U.S.C. 672(b)) is
amended by inserting ``, except that, while the child is in a
residential treatment program, the payments may continue to be made on
behalf of the child at 50 percent of the level at which the payments
that would otherwise be made'' before the period.

SEC. 6. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act shall take effect on the 1st day of the
12th month beginning on or after the date of the enactment of this Act,
and shall apply to payments under part E of title IV of the Social
Security Act for calendar quarters ending on or after such date.
    (b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan developed pursuant to part E of title IV of the
Social Security Act to meet the additional requirements imposed by the
amendments made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the 1st day of the
1st calendar quarter ending after the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.

SEC. 7. INCREASED FUNDING FOR CASEWORKER TRAINING ON CHILD-FOCUSED
              RECRUITMENT AND RETENTION.

    The Secretary of Health and Human Services shall increase the
proportion of the amounts expended by a State for caseworker training
on child-focused recruitment and retention with respect to which the
State is entitled to a payment under section 474(a)(3)(B) of the Social
Security Act for each of fiscal years 2015 through 2019, so that the
aggregate of the additional amounts required to be paid by reason of
this section for the fiscal year involved equals the amount that the
Director of the Office of Management and Budget determines is the net
amount of reduced mandatory spending for the fiscal year as a result of
the enactment of the preceding provisions of this Act.

SEC. 8. UNUSED SAVINGS TO BE SPENT ON CHILD WELFARE PROGRAMS.

    The amount specified in section 425 of the Social Security Act for
each of fiscal years 2015 through 2019 shall be increased by the
savings from the preceding provisions of this Act for the then
preceding fiscal year, as computed using the most recent baseline of
the Congressional Budget Office.

SEC. 9. PUBLIC SERVICE LOAN FORGIVENESS FOR SOCIAL WORKERS.

    Section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)) is amended by adding at the end the following:
            ``(5) Loan cancellation for certain social workers.--In the
        case of a borrower who works in social work in a public child
        or family service agency, paragraph (1) shall be applied--
                    ``(A) by substituting `60' for `120' both places it
                appears; and
                    ``(B) by striking `after October 1, 2007' and
                inserting `after the date of enactment of the Permanent
                Families for All Children Act'.''.

Output: Permanent Families for All Children Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to:  limit to 36 the number of months for which foster care maintenance payments made on behalf of a child not in a legal guardianship or kinship guardian arrangement may be reimbursed; limit to 12 the number of months for which foster care maintenance payments made to child-care institutions on behalf of a child residing in the institution may be reimbursed; eliminate the Aid to Families with Dependent Children (AFDC) income eligibility requirement for foster care maintenance payments; replace the federal medical assistance percentage (FMAP, or federal matching rate) for foster care maintenance payments and related costs in a state with a foster care partnership rate for the quarter determined by the Secretary of Health and Human Services (HHS); and make children in residential treatment programs eligible for 50% of regular foster care maintenance payments.  Directs the Secretary to increase the proportion of the amounts expended by a state for caseworker training on child-focused recruitment and retention. Increases the amount of spending for child welfare programs by the unused savings resulting from this Act. Amends the Higher Education Act of 1965 to authorize the cancellation of Federal Direct Student Loans for a social worker employed in a public child or family service agency after the social worker has made 60 monthly payments on the eligible loan after the enactment of this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consortium on the Impact of
Technology in Aging Health Services Act of 2006''.

SEC. 2. ESTABLISHMENT OF CONSORTIUM.

    (a) Establishment.--There is established a Consortium to be known
as the ``Consortium on the Impact of Technology in Aging Health
Services'' (referred to in this Act as the ``Consortium'').
    (b) Purpose.--The purpose of the Consortium is to evaluate the
potential of new technologies to help the United States prepare for the
unprecedented demographic changes that will occur during the next 10
years in the Nation's healthcare system.
    (c) Membership.--
            (1) Composition.--The Consortium shall be composed of 17
        members, of whom--
                    (A) 1 member shall be appointed by the President
                and designated by the President as Chairperson of the
                Consortium;
                    (B) 4 members shall be appointed by the Majority
                Leader of the Senate;
                    (C) 4 members shall be appointed by the Minority
                Leader of the Senate;
                    (D) 4 members shall be appointed by the Speaker of
                the House of Representatives; and
                    (E) 4 members shall be appointed by the Minority
                Leader of the House of Representatives.
            (2) Qualifications.--
                    (A) In general.--Appointments to the Consortium
                shall be made from individuals who are senior-level
                executives from the Federal Government or the private-
                sector who have demonstrated experience as--
                            (i) providers of senior, geriatric, and
                        other assistive services, including housing,
                        nursing care, home-and-community based
                        services, and assisted living and caregiver
                        organizations;
                            (ii) technology developers or producers of
                        products for aged individuals;
                            (iii) Federal, State, or academic
                        researchers that focus on aging issues;
                            (iv) physicians and other health care
                        providers;
                            (v) insurers and other payer organizations;
                        and
                            (vi) representatives of the pharmaceutical
                        industry.
                    (B) Inclusion of seniors and individuals with
                disabilities.--At least 2 appointees shall be--
                            (i) age 65 or older; or
                            (ii) an individual with a disability.
            (3) Date of appointments.--The appointment of a member of
        the Consortium shall be made not later than 30 days after the
        date of enactment of this Act.
    (d) Term; Vacancies.--
            (1) Term.--A member shall be appointed for the life of the
        Consortium.
            (2) Vacancies.--A vacancy on the Consortium--
                    (A) shall not affect the powers of the Consortium;
                and
                    (B) shall be filled, not later than 30 days after
                the Consortium is given notice of the vacancy, in the
                same manner as the original appointment was made.
    (e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Consortium have been appointed, the Consortium
shall hold the initial meeting of the Consortium.
    (f) Meetings.--The Consortium shall meet at the call of the
Chairperson.
    (g) Quorum.--A majority of the members of the Consortium shall
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 3. DUTIES.

    (a) Study.--
            (1) In general.--The Consortium shall conduct a study of
        all matters relating to the potential use of new technology to
        assist older adults and their caregivers throughout the aging
        process.
            (2) Matters to be studied.--The matters to be studied by
        the Consortium shall include--
                    (A) methods for identifying technology that can be
                adapted to meet the needs of seniors, individuals with
                disabilities, and the caregivers of such seniors and
                individuals across all aging services settings;
                    (B) methods for fostering scientific innovation
                with respect to aging services technology within the
                business and academic communities;
                    (C) identifying barriers to innovation in aging
                services technology and devising strategies for
                removing such barriers;
                    (D) developments in aging services technology in
                other countries that may be applied in the United
                States;
                    (E) methods for ensuring that businesses in the
                United States have a leadership role in the rapidly
                expanding global market of aging services technology;
                and
                    (F) identifying barriers to the adoption of aging
                services technology by health care providers and
                consumers and devising strategies to removing such
                barriers.
    (b) Recommendations.--The Consortium shall develop recommendations
with respect to the following:
            (1) Identification of developments in current aging
        services technologies that may result in increased efficiency
        and cost savings to the healthcare system.
            (2) Opportunities for ongoing research and development by
        the public and private sectors to accelerate the development
        and adoption of aging services technology in order to--
                    (A) promote the independence of seniors and
                individuals with disabilities;
                    (B) facilitate early disease detection;
                    (C) delay the physical, cognitive, social, and
                emotional decline resulting from disease and the aging
                process;
                    (D) support wellness activities and preventive
                behaviors;
                    (E) promote greater support to community- and
                facility-based caregivers;
                    (F) develop systems that improve the quality and
                efficiency of facility-based care, such as pharmacy
                distribution programs and secure electronic clinical
                records;
                    (G) enhance the utilization of technology by
                caregivers to reduce the burden of paperwork ;
                    (H) minimize caregiver burnout; and
                    (I) reduce medication errors and improve overall
                compliance.
            (3) Identification of methods to ensure that necessary
        technology infrastructure is in place to deliver aging services
        to rural and urban areas.
            (4) Whether to establish--
                    (A) a permanent Federal interagency task force that
                will facilitate the development and distribution of
                aging services technology; and
                    (B) a National Resource Center that would stimulate
                research, oversee demonstration projects, and provide
                training and technical assistance to Federal, State,
                and private sector organizations and entities that
                provide aging services.
            (5) Assignment of responsibilities for aging services with
        respect to jurisdiction, funding, and reporting relationships.
    (c) Report.--Not later than 24 months after the date of enactment
of this Act, the Consortium shall submit to the President and the
appropriate committees of Congress a report that contains the
recommendations of the Consortium with respect to the following:
            (1) Development of national policy.--The development of a
        national policy to address issues with respect to technology
        and assistive health services for seniors, including the
        appropriate roles and responsibilities for the Federal
        Government, State and local governments, and the private
        sector.
            (2) Legislative and program changes.--The specific
        legislative and regulatory changes with respect to Federal laws
        and programs that would support and encourage the private
        sector to develop and make widely available consumer-empowered
        technology solutions.
            (3) Establishment of national resource center.--The
        establishment of a National Resource Center on Aging Services
        Technologies to offer training and assistance to the Federal
        Government, State and local governments, and the private sector
        in the application of technology in pilots and trials with
        respect to assistive health services for seniors.

SEC. 4. POWERS.

    (a) Hearings.--The Consortium may hold such hearings, meet and act
at such times and places, take such testimony, and receive such
evidence as the Consortium considers advisable to carry out this Act.
    (b) Information From Federal Agencies.--
            (1) In general.--The Consortium may secure directly from a
        Federal agency such information as the Consortium considers
        necessary to carry out this Act.
            (2) Provision of information.--Except as otherwise provided
        by law, on request of the Chairperson of the Consortium, the
        head of the agency shall provide the information to the
        Consortium.
    (c) Postal Services.--The Consortium may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
    (d) Contract Authority.--The Consortium may contract with and
compensate government and private agencies or persons for services,
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
    (e) Powers of Members and Agents.--Any member or agent of the
Consortium may, if authorized by the Consortium, take any action which
the Consortium is authorized to take by this section.
    (f) Gifts.--The Consortium may accept, use, and dispose of gifts or
donations of services or property.
    (g) Printing.--For purposes of costs relating to printing and
binding, including the costs of personnel detailed from the Government
Printing Office, the Consortium shall be deemed to be a committee of
Congress.

SEC. 5. CONSORTIUM PERSONNEL MATTERS.

    (a) Compensation of Members.--Members of the Consortium shall
receive no additional pay, allowances, or benefits by reason of their
service on the Consortium.
    (b) Travel Expenses.--A member of the Consortium shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Consortium.
    (c) Staff.--
            (1) In general.--The Chairperson of the Consortium may,
        without regard to the civil service laws (including
        regulations), appoint and terminate an executive director and
        such other additional personnel as are necessary to enable the
        Consortium to perform the duties of the Consortium.
            (2) Compensation.--
                    (A) Executive director.--The executive director
                shall be paid the rate of basic pay for level V of the
                Executive Schedule under section 5316 of title 5,
                United States Code.
                    (B) Other staff.--The staff shall be appointed
                subject to the provisions of title 5, United States
                Code, government appointments in the competitive
                service, and shall be paid in accordance with the
                provisions of chapter 51 and subchapter III of chapter
                53 of that title relating to classification and General
                Schedule pay rates.
    (d) Detail of Federal Government Employees.--
            (1) In general.--An employee of the Federal Government may
        be detailed to the Consortium without reimbursement.
            (2) Civil service status.--The detail of the employee shall
        be without interruption or loss of civil service status or
        privilege.
    (e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Consortium may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the maximum annual rate of basic pay payable for the General
Schedule.
    (f) Physical Facilities.--The Administrator of the General Services
Administration shall locate suitable office space for the operation of
the Consortium. The facilities shall serve as the headquarters of the
Consortium and shall include all necessary equipment and incidentals
required for the proper functioning of the Consortium.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act
$1,500,000, for the period of fiscal years 2007 through 2010, to remain
available until expended.

SEC. 7. TERMINATION OF CONSORTIUM.

    The Consortium shall terminate 180 days after the date on which the
Consortium submits the report required under section 3(c).

Output:
Consortium on the Impact of Technology in Aging Health Services Act of 2006 - Establishes the Consortium on the Impact of Technology in Aging Health Services. Requires the Consortium to conduct a study of all matters relating to the potential use of new technology to assist older adults and their caregivers, including: (1) methods for identifying technology that may be adapted to meet their needs; (2) methods for fostering scientific innovation in aging services technology within the business and academic communities; (3) barriers to innovation in and the adoption of technology and strategies for removing such barriers; (4) developments in such technology in other countries; and (5) methods for ensuring that U.S. businesses have a leadership role in the global market of such technology.

Requires the Consortium to develop recommendations concerning: (1) developments in current technologies that may result in increased efficiency and cost savings to the healthcare system; (2) opportunities for research and development to accelerate the development and adoption of aging services technology; (3) methods to ensure that technology infrastructure is in place to deliver services; and (4) establishment of a federal interagency task force to facilitate the development and distribution of such technology and a National Resource Center to stimulate research, oversee demonstration projects, and provide training and assistance to entities that provide such services.

Requires the Consortium to report recommendations regarding development of a national policy to address issues concerning technology and assistive health services for seniors, changes to federal laws and programs that would support and encourage the private sector to develop and make widely available consumer-empowered technology solutions, and establishment of a National Resource Center on Aging Services Technologies.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Save Our Students Act''.

SEC. 2. NATIONAL GUARD SUPPORT FOR STATE AND LOCAL EFFORTS TO KEEP
              SCHOOLS SAFE FROM VIOLENCE.

    (a) In General.--Chapter 1 of title 32, United States Code, is
amended by inserting after section 112 the following new section:
``Sec. 112a. Support for State and local efforts to keep schools safe
              from violence
    ``(a) Funding Assistance.--The Secretary of Defense may provide
funds to the Governor of a State who submits to the Secretary a plan
for the National Guard to supplement State and local efforts to keep
schools safe from violence that satisfies the requirements of
subsection (c). Such funds shall be used for the following:
            ``(1) The pay, allowances, clothing, subsistence,
        gratuities, travel, and related expenses, as authorized by
        State law, of personnel of the National Guard of that State
        used, while not in Federal service, for the purpose of
        supplementing State and local efforts to keep schools safe from
        violence.
            ``(2) The operation and maintenance of the equipment and
        facilities of the National Guard of that State used for the
        purpose of supplementing State and local efforts to keep
        schools safe from violence.
            ``(3) The procurement of services and equipment, and the
        leasing of equipment, for the National Guard of that State used
        for the purpose of supplementing State and local efforts to
        keep schools safe from violence. However, the use of such funds
        for the procurement of equipment may not exceed $5,000 per
        item, unless approval for procurement of equipment in excess of
        that amount is granted in advance by the Secretary of Defense.
    ``(b) Use of Personnel Performing Full-Time National Guard Duty.--
(1) Under regulations prescribed by the Secretary of Defense, personnel
of the National Guard of a State may, in accordance with the plan
referred to in subsection (c) with respect to the State concerned, be
ordered to perform full-time National Guard duty under section 502(f)
of this title for the purpose of supplementing State and local efforts
to keep schools safe from violence.
    ``(2)(A) A member of the National Guard serving on full-time
National Guard duty under orders authorized under paragraph (1) shall
participate in the training required under section 502(a) of this title
in addition to the duty performed for the purpose authorized under that
paragraph. The pay, allowances, and other benefits of the member while
participating in the training shall be the same as those to which the
member is entitled while performing duty for the purpose of
supplementing State and local efforts to keep schools safe from
violence. The member is not entitled to additional pay, allowances, or
other benefits for participation in training required under section
502(a)(1) of this title.
    ``(B) To ensure that the use of units and personnel of the National
Guard of a State pursuant to a plan referred to in subsection (c) does
not degrade the training and readiness of such units and personnel, the
following requirements shall apply in determining the activities
supplementing State and local efforts to keep schools safe from
violence that units and personnel of the National Guard of a State may
perform:
            ``(i) The performance of the activities may not adversely
        affect the quality of that training or otherwise interfere with
        the ability of a member or unit of the National Guard to
        perform the military functions of the member or unit.
            ``(ii) National Guard personnel will not degrade their
        military skills as a result of performing the activities.
            ``(iii) The performance of the activities will not result
        in a significant increase in the cost of training.
            ``(iv) In the case of activities supplementing State and
        local efforts to keep schools safe from violence that are
        performed by a unit organized to serve as a unit, the
        activities will support valid unit training requirements.
    ``(3) A unit or member of the National Guard of a State may be
used, pursuant to a plan referred to in subsection (c) that is approved
by the Secretary of Defense under this section, to provide services or
other assistance (other than air transportation) to an organization
eligible to receive services under section 508 of this title if--
            ``(A) the plan specifically recognizes the organization as
        being eligible to receive the services or assistance;
            ``(B) in the case of services, the performance of the
        services meets the requirements of paragraphs (1) and (2) of
        subsection (a) of section 508 of this title; and
            ``(C) the services or assistance is authorized under
        subsection (b) or (c) of such section or in the plan.
    ``(c) Plan Requirements.--A plan to supplement State and local
efforts to keep schools safe from violence under this subsection
shall--
            ``(1) specify how personnel of the National Guard of that
        State are to be used in supplementing State and local efforts
        to keep schools safe from violence;
            ``(2) certify that those operations are to be conducted at
        a time when the personnel involved are not in Federal service;
            ``(3) certify that participation by National Guard
        personnel in those operations is service in addition to
        training required under section 502 of this title;
            ``(4) certify that any engineer-type activities (as defined
        by the Secretary of Defense) under the plan will be performed
        only by units and members of the National Guard;
            ``(5) include a certification by the Attorney General of
        the State (or, in the case of a State with no position of
        Attorney General, a civilian official of the State equivalent
        to a State attorney general) that the use of the National Guard
        of the State for the activities proposed under the plan is
        authorized by, and is consistent with, State law; and
            ``(6) certify that the Governor of the State or a civilian
        law enforcement official of the State designated by the
        Governor has determined that any activities included in the
        plan that are carried out in conjunction with Federal law
        enforcement agencies serve a State law enforcement purpose.
    ``(d) Examination of Plan.--(1) Before funds are provided to the
Governor of a State under this section and before members of the
National Guard of that State are ordered to full-time National Guard
duty as authorized in subsection (b), the Secretary of Defense shall
examine the adequacy of the plan submitted by the Governor under
subsection (c).
    ``(2) Except as provided in paragraph (3), the Secretary of Defense
shall carry out paragraph (1) in consultation with the Secretary of
Education.
    ``(3) Paragraph (2) shall not apply if--
            ``(A) the Governor of a State submits a plan under
        subsection (c) that is substantially the same as a plan
        submitted for that State for a previous fiscal year; and
            ``(B) pursuant to the plan submitted for a previous fiscal
        year, funds were provided to the State in accordance with
        subsection (a) or personnel of the National Guard of the State
        were ordered to perform full-time National Guard duty in
        accordance with subsection (b).
    ``(e) End Strength Limitation.--(1) Except as provided in paragraph
(2), at the end of a fiscal year there may not be more than 4,000
members of the National Guard--
            ``(A) on full-time National Guard duty under section 502(f)
        of this title to perform activities supplementing State and
        local efforts to keep schools safe from violence pursuant to an
        order to duty; or
            ``(B) on duty under State authority to activities
        supplementing State and local efforts to keep schools safe from
        violence pursuant to an order to duty with State pay and
        allowances being reimbursed with funds provided under
        subsection (a)(1).
    ``(2) The Secretary of Defense may increase the end strength
authorized under paragraph (1) by not more than 20 percent for any
fiscal year if the Secretary determines that such an increase is
necessary in the national security interests of the United States.
    ``(f) Annual Report.--The Secretary of Defense shall submit to
Congress on an annual basis a report regarding the assistance provided
and activities carried out under this section during the preceding
fiscal year. Each report shall include the following:
            ``(1) The number of members of the National Guard excluded
        under subsection (e)(1) from the computation of end strengths.
            ``(2) A description of the activities to supplement State
        and local efforts to keep schools safe from violence that were
        conducted under plans referred to in subsection (c) with funds
        provided under this section.
            ``(3) An accounting of the amount of funds provided to each
        State.
            ``(4) A description of the effect on military training and
        readiness of using units and personnel of the National Guard to
        perform activities under the plans to supplement State and
        local efforts to keep schools safe from violence.
    ``(g) Statutory Construction.--Nothing in this section shall be
construed as a limitation on the authority of any unit of the National
Guard of a State, when such unit is not in Federal service, to perform
law enforcement functions authorized to be performed by the National
Guard by the laws of the State concerned.
    ``(h) Definitions.--In this section:
            ``(1) The term `Governor of a State' means, in the case of
        the District of Columbia, the Commanding General of the
        National Guard of the District of Columbia.
            ``(2) The term `State' means each of the several States,
        the District of Columbia, the Commonwealth of Puerto Rico, or a
        territory or possession of the United States.''.
    (b)  Clerical Amendment.--The table of sections at the beginning of
chapter 1 of such title is amended by inserting after the item relating
to section 112 the following new item:

``112a. Support for State and local efforts to keep schools safe from
                            violence.''.

Output: Save Our Students Act - Authorizes the Secretary of Defense (DOD) to provide funds to states submitting specified plans for the National Guard to supplement state and local efforts to keep schools safe from violence.