Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Women, Peace, and Security Act of
2016''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Around the world, women remain under-represented in
        conflict prevention, conflict resolution, and post-conflict
        peace building efforts.
            (2) Despite the historic under-representation of women in
        conflict resolution processes, women in conflict-affected
        regions have nevertheless achieved significant success in--
                    (A) moderating violent extremism;
                    (B) countering terrorism;
                    (C) resolving disputes through nonviolent mediation
                and negotiation; and
                    (D) stabilizing societies by enhancing the
                effectiveness of security services, peacekeeping
                efforts, institutions, and decision-making processes.
            (3) Research shows that--
                    (A) peace negotiations are more likely to end in a
                peace agreement when women's groups play an influential
                role in the negotiation process;
                    (B) once reached, a peace agreement is 35 percent
                more likely to last at least 15 years if women have
                participated in the negotiation process; and
                    (C) when women meaningfully participate, peace
                negotiations are more likely to address the underlying
                causes of the conflict, leading to more sustainable
                outcomes.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the meaningful participation of women in conflict
        prevention and conflict resolution processes helps to promote
        more inclusive and democratic societies and is critical to the
        long-term stability of countries and regions;
            (2) the political participation and leadership of women in
        fragile environments, particularly during democratic
        transitions, is critical to sustaining lasting democratic
        institutions; and
            (3) the United States should be a global leader in
        promoting the meaningful participation of women in conflict
        prevention, management, and resolution, and post-conflict
        relief and recovery efforts.

SEC. 4. STATEMENT OF POLICY.

    It shall be the policy of the United States to promote the
meaningful participation of women in all aspects of conflict
prevention, management, and resolution, and post-conflict relief and
recovery efforts, reinforced through diplomatic efforts and programs
that--
            (1) integrate the perspectives and interests of affected
        women into conflict-prevention activities and strategies;
            (2) encourage partner governments to adopt plans to improve
        the meaningful participation of women in peace and security
        processes and decision-making institutions;
            (3) promote the physical safety, economic security, and
        dignity of women and girls;
            (4) support the equal access of women to aid distribution
        mechanisms and services;
            (5) collect and analyze gender data for the purpose of
        developing and enhancing early warning systems of conflict and
        violence;
            (6) adjust policies and programs to improve outcomes in
        gender equality and the empowerment of women; and
            (7) monitor, analyze, and evaluate the efforts related to
        each strategy submitted under section 5 and the impact of such
        efforts.

SEC. 5. UNITED STATES STRATEGY TO PROMOTE THE PARTICIPATION OF WOMEN IN
              CONFLICT PREVENTION AND PEACE BUILDING.

    (a) Requirement.--Not later than October 1, 2017, October 1, 2022,
and October 1, 2027, the President, in consultation with the heads of
the relevant Federal departments and agencies, shall submit to the
appropriate congressional committees and make publicly available a
single government-wide strategy, to be known as the Women, Peace, and
Security Strategy, that provides a detailed description of how the
United States intends to fulfill the policy objectives in section 4.
The strategy shall--
            (1) support and be aligned with plans developed by other
        countries to improve the meaningful participation of women in
        peace and security processes, conflict prevention, peace
        building, transitional processes, and decision-making
        institutions; and
            (2) include specific and measurable goals, benchmarks,
        performance metrics, timetables, and monitoring and evaluation
        plans, to ensure the accountability and effectiveness of all
        policies and initiatives carried out under the strategy.
    (b) Specific Plans for Agencies.--Each strategy under subsection
(a) shall include a specific implementation plan from each of the
relevant Federal departments and agencies that describes--
            (1) the anticipated contributions of the department or
        agency, including technical, financial, and in-kind
        contributions, to implement the strategy; and
            (2) the efforts of the department or agency to ensure that
        the policies and initiatives carried out pursuant to the
        strategy are designed to achieve maximum impact and long-term
        sustainability.
    (c) Department of State Implementation.--Within each relevant
bureau of the Department of State, the Secretary of State shall task
the current Principal Deputy Assistant Secretary with the
responsibility for the implementation of the strategy under subsection
(a) and the specific implementation plan for the Department under
subsection (b), with respect to the roles and responsibilities of such
bureau. The Principal Deputy Assistant Secretaries tasked with such
responsibility shall meet, at least twice a year, to review the
implementation of the strategy and the plan and to contribute to the
report under section 8(b).
    (d) Coordination.--The President should promote the meaningful
participation of women in conflict prevention, in coordination and
consultation with international partners, including multilateral
organizations, stakeholders, and other relevant international
organizations, particularly in situations in which the direct
engagement of the United States is not appropriate or advisable.
    (e) Sense of Congress.--It is the sense of Congress that the
President, in implementing each strategy submitted under subsection
(a), should--
            (1) provide technical assistance, training, and logistical
        support to female negotiators, mediators, peace builders, and
        stakeholders;
            (2) address security-related barriers to the meaningful
        participation of women;
            (3) increase the participation of women in existing
        programs funded by the United States Government that provide
        training to foreign nationals regarding law enforcement, the
        rule of law, or professional military education;
            (4) support appropriate local organizations, especially
        women's peace building organizations;
            (5) support the training, education, and mobilization of
        men and boys as partners in support of the meaningful
        participation of women;
            (6) encourage the development of transitional justice and
        accountability mechanisms that are inclusive of the experiences
        and perspectives of women and girls;
            (7) expand and apply gender analysis to improve program
        design and targeting; and
            (8) conduct assessments that include the perspectives of
        women before implementing any new initiatives in support of
        peace negotiations, transitional justice and accountability,
        efforts to counter violent extremism, or security sector
        reform.

SEC. 6. TRAINING REQUIREMENTS REGARDING THE PARTICIPATION OF WOMEN IN
              CONFLICT PREVENTION AND PEACE BUILDING.

    (a) Foreign Service.--The Secretary of State, in conjunction with
the Administrator of the United States Agency for International
Development, shall ensure that all appropriate personnel (including
special envoys, members of mediation or negotiation teams, relevant
members of the civil service or Foreign Service, and contractors)
responsible for or deploying to countries or regions considered to be
at risk of, undergoing, or emerging from violent conflict obtain
training, as appropriate, in the following areas, each of which shall
include a focus on women and ensuring meaningful participation by
women:
            (1) Conflict prevention, mitigation, and resolution.
            (2) Protecting civilians from violence, exploitation, and
        trafficking in persons.
            (3) International human rights law and international
        humanitarian law.
    (b) Department of Defense.--The Secretary of Defense shall ensure
that relevant personnel receive training, as appropriate, in the
following areas:
            (1) Training in conflict prevention, peace processes,
        mitigation, resolution, and security initiatives that
        specifically addresses the importance of meaningful
        participation by women.
            (2) Gender considerations and meaningful participation by
        women, including training regarding--
                    (A) international human rights law and
                international humanitarian law, as relevant; and
                    (B) protecting civilians from violence,
                exploitation, and trafficking in persons.
            (3) Effective strategies and best practices for ensuring
        meaningful participation by women.

SEC. 7. CONSULTATION AND COLLABORATION.

    (a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development shall establish
guidelines for overseas United States personnel of the Department or
the Agency, as the case may be, to consult with stakeholders regarding
United States efforts to--
            (1) prevent, mitigate, or resolve violent conflict; and
            (2) enhance the success of mediation and negotiation
        processes by ensuring the meaningful participation of women.
    (b) Frequency and Scope.--The consultations required under
subsection (a) shall take place regularly and include a range and
representative sample of stakeholders, including local women, youth,
ethnic and religious minorities, and other politically under-
represented or marginalized populations.
    (c) Collaboration and Coordination.--The Secretary of State should
work with international, regional, national, and local organizations to
increase the meaningful participation of women in international
peacekeeping operations, and should promote training that provides
international peacekeeping personnel with the substantive knowledge and
skills needed to ensure effective physical security and meaningful
participation of women in conflict prevention and peace building.

SEC. 8. REPORTS TO CONGRESS.

    (a) Briefing.--The Secretary of State, in conjunction with the
Administrator of the United States Agency for International Development
and the Secretary of Defense, shall brief the appropriate congressional
committees, not later than 1 year after the date of the first
submission of a strategy required under section 5, on--
            (1) existing, enhanced, and newly established training
        carried out pursuant to section 6; and
            (2) the guidelines established for overseas United States
        personnel to engage in consultations with stakeholders,
        pursuant to section 7.
    (b) Report on Women, Peace, and Security Strategy.--Not later than
2 years after the date of the submission of each strategy required
under section 5, the President shall submit to the appropriate
congressional committees a report that--
            (1) summarizes and evaluates the implementation of such
        strategy and the impact of United States diplomatic efforts and
        foreign assistance programs, projects, and activities to
        promote the meaningful participation of women;
            (2) describes the nature and extent of the coordination
        among the relevant Federal departments and agencies on the
        implementation of such strategy;
            (3) outlines the monitoring and evaluation tools,
        mechanisms, and common indicators to assess progress made on
        the policy objectives in section 4; and
            (4) describes the existing, enhanced, and newly established
        training carried out pursuant to section 6.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations, the Committee
                on Armed Services, and the Committee on Foreign
                Relations of the Senate; and
                    (B) the Committee on Appropriations, the Committee
                on Armed Services, and the Committee on Foreign Affairs
                of the House of Representatives.
            (2) Stakeholders.--The term ``stakeholders'' means non-
        governmental and private sector entities engaged in or affected
        by conflict prevention and stabilization, peace building,
        protection, security, transition initiatives, humanitarian
        response, or related efforts, including--
                    (A) registered or non-registered nonprofit
                organizations, advocacy groups, business or trade
                associations, labor unions, cooperatives, credit
                unions, relief or development organizations, community
                and faith-based organizations, philanthropic
                foundations, and tribal leaders or structures;
                    (B) independent media, educational, or research
                institutions; and
                    (C) private enterprises, including international
                development firms, banks, and other financial
                institutions, particularly small businesses and
                businesses owned by women or disadvantaged groups.
            (3) Meaningful participation.--The term ``meaningful
        participation'' means safe, genuine, and effective access to,
        and present and active involvement in the full range of formal
        or informal processes related to negotiation or mediation with
        respect to any efforts toward the following:
                    (A) Conflict prevention.
                    (B) Resolution or mitigation of, or transition
                from, violent conflict.
                    (C) Peacekeeping and peace building.
                    (D) Post-conflict reconstruction, transition
                initiatives, elections, and governance.
                    (E) Humanitarian response and recovery.
            (4) Relevant federal departments and agencies.--The term
        ``relevant Federal departments and agencies'' means--
                    (A) the United States Agency for International
                Development;
                    (B) the Department of State;
                    (C) the Department of Defense;
                    (D) the Department of Homeland Security; and
                    (E) any other department or agency specified by the
                President for purposes of this Act.

            Passed the House of Representatives November 15, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Women, Peace, and Security Act of 2016 This bill expresses the sense of Congress that: (1) the United States should be a global leader in promoting the participation of women in conflict prevention, management, and resolution and post-conflict relief and recovery efforts; and (2) the political participation and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining democratic institutions. The President, not later than October 1 of 2017, 2022, and 2027, shall submit to the appropriate congressional committees and make public a Women, Peace, and Security Strategy, which shall:    be aligned with other nations' plans to improve the participation of women in peace and security processes, conflict prevention, peace building, and decision-making institutions; and  include goals and evaluation plans to ensure strategy effectiveness.    Such a strategy shall include a specific implementation plan from each relevant federal agency.  The President is urged  to promote women's participation in conflict prevention.   It is the sense of Congress that the President should: (1) provide technical assistance and training to female negotiators, peace builders, and stakeholders (non-governmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace building, security, or related efforts); (2) address security-related barriers to women's participation; (3) increase women's participation in U.S.-funded programs that provide foreign nationals with law enforcement, rule of law, or military education training; (4) support appropriate local organizations, especially women's peace building organizations; and (5) expand gender analysis to improve program design.  The Department of State shall ensure that personnel responsible for, or deploying to, countries or regions considered to be at risk of undergoing, or emerging from, violent conflict obtain training in the following areas, each of which shall include a focus on ensuring participation by women:   conflict prevention, mitigation, and resolution;  protecting civilians from violence, exploitation, and trafficking in persons; and  international human rights law.  The Department of Defense shall ensure that relevant personnel receive training in:   conflict prevention, peace processes, mitigation, resolution, and security initiatives that addresses the importance of participation by women; and  gender considerations and participation by women, including training regarding international human rights law and protecting civilians from violence, exploitation, and trafficking in persons.   The State Department and the U.S. Agency for International Development shall establish guidelines for overseas U.S. personnel to consult with stakeholders regarding U.S. efforts to:   prevent, mitigate, or resolve violent conflict; and  enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women.    The State Department is urged to work with international, regional, national, and local organizations to increase the participation of women in international peacekeeping operations.  The State Department shall brief the appropriate congressional committees on: (1) training regarding the participation of women in conflict resolution, and (2) guidelines established for overseas personnel to engage in stakeholder consultations.   The President shall submit to the appropriate congressional committees a report that evaluates the implementation of such strategy and the impact of U.S. diplomatic efforts and foreign assistance programs to promote the participation of women.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Japanese Imperial Army Disclosure
Act''.

SEC. 2. ESTABLISHMENT OF JAPANESE IMPERIAL ARMY RECORDS INTERAGENCY
              WORKING GROUP.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given such
        term under section 551 of title 5, United States Code.
            (2) Interagency group.--The term ``Interagency Group''
        means the Japanese Imperial Army Records Interagency Working
        Group established under subsection (b).
            (3) Japanese imperial army records.--The term ``Japanese
        Imperial Army records'' means classified records or portions of
        records that pertain to any person with respect to whom the
        United States Government, in its sole discretion, has grounds
        to believe ordered, incited, assisted, or otherwise
        participated in the experimentation and persecution of any
        person because of race, religion, national origin, or political
        option, during the period beginning September 18, 1931, and
        ending on December 31, 1948, under the direction of, or in
        association with--
                    (A) the Japanese Imperial Army;
                    (B) any government in any area occupied by the
                military forces of the Japanese Imperial Army;
                    (C) any government established with the assistance
                or cooperation of the Japanese Imperial Army; or
                    (D) any government which was an ally of the
                Imperial Army of Japan.
            (4) Record.--The term ``record'' means a Japanese Imperial
        Army record.
    (b) Establishment of Interagency Group.--
            (1) In general.--Not later than 60 days after the date of
        enactment of this Act, the President shall establish the
        Japanese Imperial Army Records Interagency Working Group, which
        shall remain in existence for 3 years after the date the
        Interagency Group is established.
            (2) Membership.--The President shall appoint to the
        Interagency Group individuals whom the President determines
        will most completely and effectively carry out the functions of
        the Interagency Group within the time limitations provided in
        this section, including the Historian of the Department of
        State, the Archivist of the United States, the head of any
        other agency the President considers appropriate, and no more
        than 3 other persons. The head of an agency appointed by the
        President may designate an appropriate officer to serve on the
        Interagency Group in lieu of the head of such agency.
            (3) Initial meeting.--Not later than 90 days after the date
        of enactment of this Act, the Interagency Group shall hold an
        initial meeting and begin the functions required under this
        section.
    (c) Functions.--Not later than 1 year after the date of enactment
of this Act, the Interagency Group shall, to the greatest extent
possible consistent with section 3 of this Act--
            (1) locate, identify, inventory, recommend for
        declassification, and make available to the public at the
        National Archives and Records Administration, all classified
        Japanese Imperial Army records of the United States;
            (2) coordinate with agencies and take such actions as
        necessary to expedite the release of such records to the
        public; and
            (3) submit a report to Congress, including the Committee on
        Government Reform of the House of Representatives, describing
        all such records, the disposition of such records, and the
        activities of the Interagency Group and agencies under this
        section.
    (d) Funding.--There are authorized to be appropriated such sum as
may be necessary to carry out the provisions of this Act.

SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS.

    (a) Release of Records.--
            (1) In general.--Subject to paragraphs (2), (3), and (4),
        the Japanese Imperial Army Records Interagency Working Group
        shall release in their entirety Japanese Imperial Army records.
            (2) Exception for privacy.--An agency head may exempt from
        release under paragraph (1) specific information, that would--
                    (A) constitute a clearly unwarranted invasion of
                personal privacy;
                    (B) reveal the identity of a confidential human
                source, or reveal information about the application of
                an intelligence source or method, or reveal the
                identity of a human intelligence source when the
                unauthorized disclosure of that source would clearly
                and demonstrably damage the national security interests
                of the United States;
                    (C) reveal information that would assist in the
                development or use of weapons of mass destruction;
                    (D) reveal information that would impair United
                States cryptologic systems or activities;
                    (E) reveal information that would impair the
                application of state-of-the-art technology within a
                United States weapon system;
                    (F) reveal actual United States military war plans
                that remain in effect;
                    (G) reveal information that would seriously and
                demonstrably impair relations between the United States
                and a foreign government, or seriously and demonstrably
                undermine ongoing diplomatic activities of the United
                States;
                    (H) reveal information that would clearly, and
                demonstrably impair the current ability of United
                States Government officials to protect the President,
                Vice President, and other officials for whom protection
                services are authorized in the interest of national
                security;
                    (I) reveal information that would seriously and
                demonstrably impair current national security emergency
                preparedness plans; or
                    (J) violate a treaty or other international
                agreement.
            (3) Applications of exemptions.--
                    (A) In general.--In applying the exemptions
                provided in subparagraphs (B) through (J) of paragraph
                (2), there shall be a presumption that the public
                interest will be served by disclosure and release of
                the records of the Japanese Imperial Army. The
                exemption may be asserted only when the head of the
                agency that maintains the records determines that
                disclosure and release would be harmful to a specific
                interest identified in the exemption. An agency head
                who makes such a determination shall promptly report it
                to the committees of Congress with appropriate
                jurisdiction, including the Committee on the Judiciary
                of the Senate and the Committee on Government Reform of
                the House of Representatives.
                    (B) Application of title 5.--A determination by an
                agency head to apply an exemption provided in
                subparagraphs (B) through (I) of paragraph (2) shall be
                subject to the same standard of review that applies in
                the case of records withheld under section 552(b)(1) of
                title 5, United States Code.
            (4) Limitation on exemptions.--
                    (A) In general.--The exemptions set forth in
                paragraph (2) shall constitute the only grounds
                pursuant to which an agency head may exempt records
                otherwise subject to release under paragraph (1).
                    (B) Records related to investigation or
                prosecutions.--This subsection shall not apply to
                records--
                            (i) related to or supporting any active or
                        inactive investigation, inquiry, or prosecution
                        by the Office of Special Investigations of the
                        Department of Justice; or
                            (ii) solely in the possession, custody, or
                        control of the Office of Special
                        Investigations.
    (b) Inapplicability of National Security Act of 1947 Exemption.--
Section 701(a) of the National Security Act of 1947 (50 U.S.C. 431)
shall not apply to any operational file, or any portion of any
operational file, that constitutes a Japanese Imperial Army record
under this Act.

SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR JAPANESE IMPERIAL
              ARMY RECORDS.

    For purposes of expedited processing under section 552(a)(6)(E) of
title 5, United States Code, any person who was persecuted in the
manner described in section 2(a)(3) and who requests a Japanese
Imperial Army record shall be deemed to have a compelling need for such
record.

SEC. 5. EFFECTIVE DATE.

    The provisions of this Act shall take effect on the date that is 90
days after the date of enactment of this Act.

Output:
Requires the Group to release such records in their entirety, with an exception for disclosures protected under Federal privacy laws or for certain national security information reasons. Provides a rebuttable presumption that the public interest will be served by the disclosure of such records.
Provides for the expedited processing of Freedom of Information Act requests for such records by parties claiming to have been so persecuted.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Juvenile Corrections Act of 1997''.

SEC. 2. GRANTS FOR FACILITIES FOR VIOLENT AND SERIOUS CHRONIC JUVENILE
              OFFENDERS.

    (a) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of
        the Office of Juvenile Justice and Delinquency Prevention of
        the Department of Justice;
            (2) the term ``combination'' has the same meaning as in
        section 103 of the Juvenile Justice and Delinquency Prevention
        Act of 1974 (42 U.S.C. 5603);
            (3) the term ``juvenile delinquency program'' has the same
        meaning as in section 103 of the Juvenile Justice and
        Delinquency Prevention Act of 1974 (42 U.S.C. 5603);
            (4) the term ``qualifying State'' means a State that has
        submitted, or a State in which an eligible unit of local
        government has submitted, a grant application that meets the
        requirements of subsections (c) and (e);
            (5) the terms ``secure detention facility'' and ``secure
        correctional facility'' have the same meanings as in section
        103 of the Juvenile Justice and Delinquency Prevention Act of
        1974 (42 U.S.C. 5603);
            (6) the term ``State'' means a State, the District of
        Columbia, the Commonwealth of Puerto Rico, the United States
        Virgin Islands, American Samoa, Guam, and the Northern Mariana
        Islands; and
            (7) the term ``unit of local government'' has the same
        meaning as in section 103 of the Juvenile Justice and
        Delinquency Prevention Act of 1974 (42 U.S.C. 5603).
    (b) Authorization of Grants.--The Administrator may make grants to
States and units of local government, or combinations thereof, to
assist them in planning, establishing, and operating secure detention
facilities, secure correctional facilities, and other facilities and
programs for violent juveniles and serious chronic juvenile offenders
who are accused of or who have been adjudicated as having committed one
or more offenses.
    (c) Applications.--
            (1) In general.--The chief executive officer of a State or
        unit of local government that seeks to receive a grant under
        this section shall submit to the Administrator an application,
        in such form and in such manner as the Administrator may
        prescribe.
            (2) Contents.--Each application submitted under paragraph
        (1) shall--
                    (A) provide assurances that each facility or
                program funded with a grant under this section will
                provide appropriate educational and vocational training
                and substance abuse treatment for juvenile offenders;
                and
                    (B) provide assurances that each facility or
                program funded with a grant under this section will
                afford juvenile offenders intensive post-release
                supervision and services.
    (d) Minimum Amount.--Of the total amount made available under
subsection (g) to carry out this section in any fiscal year--
            (1) except as provided in paragraph (2), each qualifying
        State, together with units of local government within the
        State, shall be allocated not less than 1.0 percent; and
            (2) the United States Virgin Islands, American Samoa, Guam,
        and the Northern Mariana Islands shall each be allocated 0.2
        percent.
    (e) Performance Evaluation.--
            (1) Evaluation components.--
                    (A) In general.--Each facility or program funded
                with a grant under this section shall contain an
                evaluation component developed pursuant to guidelines
                established by the Administrator.
                    (B) Outcome measures.--Each evaluation required by
                this subsection shall include outcome measures that can
be used to determine the effectiveness of each program funded with
grant under this section, including the effectiveness of the program in
comparison with other juvenile delinquency programs in reducing the
incidence of recidivism, and other outcome measures.
            (2) Periodic review and reports.--
                    (A) Review.--The Administrator shall review the
                performance of each recipient of a grant under this
                section.
                    (B) Reports.--The Administrator may require a grant
                recipient to submit to the Office of Juvenile Justice
                and Delinquency Prevention of the Department of Justice
                the results of the evaluations required under paragraph
                (1) and such other data and information as may be
                reasonably necessary to carry out the Administrator's
                responsibilities under this section.
    (f) Technical Assistance and Training.--The Administrator shall
provide technical assistance and training to each recipient of a grant
under this section to assist those recipients in achieving the purposes
of this section.
    (g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
            (1) $252,700,000 for fiscal year 1998;
            (2) $266,000,000 for fiscal year 1999; and
            (3) $275,310,000 for fiscal year 2000.

SEC. 3. COMPENSATING REDUCTION OF AUTHORIZATION OF APPROPRIATIONS.

    Section 20108(a)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13708(a)(1)) is amended by striking
subparagraphs (C) through (E) and inserting the following:
                    ``(C) $2,274,300,000 for fiscal year 1998;
                    ``(D) $2,394,000,000 for fiscal year 1999; and
                    ``(E) $2,477,790,000 for fiscal year 2000.''.

SEC. 4. REPORT ON ACCOUNTABILITY AND PERFORMANCE MEASURES IN JUVENILE
              CORRECTIONS PROGRAMS.

    (a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall, after consultation with
the National Institute of Justice and other appropriate governmental
and nongovernmental organizations, submit to Congress a report
regarding the possible use of performance-based criteria in evaluating
and improving the effectiveness of juvenile delinquency programs.
    (b) Contents.--The report required under this section shall include
an analysis of--
            (1) the range of performance-based measures that might be
        utilized as evaluation criteria, including measures of
        recidivism among juveniles who have been incarcerated in a
        secure correctional facility or a secure detention facility, or
        who have participated in a juvenile delinquency program;
            (2) the feasibility of linking Federal juvenile corrections
        funding to the satisfaction of performance-based criteria by
        grantees (including the use of a Federal matching mechanism
        under which the share of Federal funding would vary in relation
        to the performance of a facility or program);
            (3) whether, and to what extent, the data necessary for the
        Office of Juvenile Justice and Delinquency Prevention of the
        Department of Justice to utilize performance-based criteria in
        its administration of juvenile delinquency programs are
        collected and reported nationally; and
            (4) the estimated cost and feasibility of establishing
        minimal, uniform data collection and reporting standards
        nationwide that would allow for the use of performance-based
        criteria in evaluating secure correctional facilities, secure
        detention facilities, and juvenile delinquency programs and in
        administering amounts appropriated for Federal juvenile
        delinquency programs.

Output:
Juvenile Corrections Act of 1997 - Authorizes the Administrator of Juvenile Justice and Delinquency Prevention to make grants to assist States and local governments in planning, establishing, and operating secure detention and correctional facilities and other facilities and programs for violent juveniles and serious chronic juvenile offenders who are accused of, or who have been adjudicated as having committed, one or more offenses.
Sets forth provisions regarding:  (1) application requirements; (2) minimum amounts allocated to qualifying States; (3) performance evaluations; and (4) technical assistance and training.  Authorizes appropriations.
Amends the Violent Crime Control and Law Enforcement Act of 1994 to make a compensating reduction of the authorization of appropriations from Violent Offender Incarceration and Truth in Sentencing Incentive Grants.
Directs the Administrator to submit to the Congress a report regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile delinquency programs.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Counterfeit Merchandise
Prevention Act''.

SEC. 2. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT.

    Section 1905 of title 18, United States Code, is amended--
            (1) by striking ``Whoever'' and inserting ``(a) In
        General.--Whoever''; and
            (2) by adding at the end the following:
    ``(b) Provision of Information Relating to Merchandise Presented to
Customs.--It shall not be a violation of this section for an officer or
employee of U.S. Customs and Border Protection, at the time that
merchandise is presented for examination and thereafter, to provide to
the owner of a copyright or a registered mark, or to any person who may
be injured by a violation of section 1201 of title 17--
            ``(1) any information appearing on the merchandise,
        including its retail packaging,
            ``(2) a sample of the merchandise and its retail packaging,
        or
            ``(3) digital images of the merchandise and its retail
        packaging,
as it was presented to U.S. Customs and Border Protection, without
redaction, whether imported into or exported from the United States, or
attempted to be exported from the United States, for purposes of
determining whether the merchandise or its retail packaging infringes
the copyright, bears or consists of a counterfeit mark of the
registered mark, or is in violation of section 1201 of title 17, as the
case may be.
    ``(c) Provision of Information Relating to Seized Merchandise.--It
shall not be a violation of this section for an officer or employee of
U.S. Customs and Border Protection, after seizing merchandise pursuant
to a determination that the merchandise is in violation of section 1201
of title 17, to provide, to persons injured by the violation,
information with respect to the merchandise, including, but not limited
to, the following:
            ``(1) The date of importation.
            ``(2) The port of entry.
            ``(3) The description of the merchandise from the entry.
            ``(4) The quantity involved.
            ``(5) The country of origin of the merchandise.
            ``(6) The name and address of the foreign manufacturer.
            ``(7) The name and address of the exporter.
            ``(8) The name and address of the importer.
            ``(9) Photographic or digital images of the merchandise.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `registered mark' has the meaning given that
        term in section 45 of the Lanham Act (15 U.S.C. 1127);
            ``(2) the term `Lanham Act' has the meaning given that term
        in section 2320(e) of this title;
            ``(3) the term `counterfeit mark' has the meaning given
        that term in section 2320(e) of this title; and
            ``(4) the term `without redaction' means, with respect to
        merchandise, without removing, revising, or otherwise obscuring
        any information, codes, marks, numbers, or any other markings
        that appear on the merchandise or its retail packaging.
    ``(e) Rule of Construction.--Subsections (b), (c), and (d) apply
only with respect to tangible goods presented to U.S. Customs and
Border Protection for importation into, or exportation from, the United
States.''.

SEC. 3. PREVENTION OF IMPORTATION OF MANUFACTURED GOODS BEARING
              INFRINGING MARKS.

    (a) In General.--Section 42 of the Lanham Act (15 U.S.C. 1124), is
amended--
            (1) in the first sentence, by striking ``Except as'' and
        inserting ``(a) In General.--Except as'';
            (2) by striking ``of the Treasury'' each place it appears
        and inserting ``of Homeland Security''; and
            (3) by adding at the end the following:
    ``(b) Detention of Critical Merchandise.--With respect to critical
merchandise that bears a registered trademark recorded under subsection
(a), if U.S. Customs and Border Protection detains the merchandise
because the merchandise is suspected of bearing a counterfeit mark,
then, upon such detention, the Secretary--
            ``(1) shall provide to the owner of the registered
        trademark any information on the critical merchandise and its
        packaging and labels, including, without redaction, photographs
        or digital images of the critical merchandise, packaging, and
        labels; and
            ``(2) may, at any time, subject to any applicable bonding
        and return requirements, provide to the owner of the registered
        trademark samples of the critical merchandise, without
        redaction.
    ``(c) Definitions.--In this section:
            ``(1) Critical merchandise.--
                    ``(A) In general.--The term `critical merchandise'
                includes--
                            ``(i) aircraft engines, appliances,
                        propellers, and spare parts;
                            ``(ii) children's sleepwear;
                            ``(iii) cosmetics;
                            ``(iv) devices;
                            ``(v) drugs;
                            ``(vi) food;
                            ``(vii) motor vehicle equipment;
                            ``(viii) pesticide chemicals;
                            ``(ix) semiconductors;
                            ``(x) tobacco products;
                            ``(xi) any item on the United States
                        Munitions List established under section 38(a)
                        of the Arms Export Control Act (22 U.S.C.
                        2778(a)); and
                            ``(xii) any other article of manufacture
                        that the Secretary determines could, if
                        permitted entry into the United States in
                        violation of the laws of the United States pose
                        a danger to the health, safety, or welfare of
                        consumers, or to the national security of the
                        United States.
                    ``(B) Other definitions.--For purposes of
                subparagraph (A)--
                            ``(i) the terms `aircraft engine',
                        `appliance', `propeller', and `spare part' have
                        the meanings given those terms in section
                        40102(a) of title 49, United States Code;
                            ``(ii) the term `children's sleepwear' has
                        the meaning given that term in sections 1615.1
                        and 1616.2 of title 16, Code of Federal
                        Regulations, or successor regulations;
                            ``(iii) the terms `cosmetic', `device',
                        `drug', `food', `pesticide chemical', and
                        `tobacco product' have the meanings given those
                        terms in section 201 of the Federal Food, Drug,
                        and Cosmetic Act (21 U.S.C. 321);
                            ``(iv) the term `motor vehicle equipment'
                        has the meaning given that term in section
                        30102(a) of title 49, United States Code; and
                            ``(v) the term `semiconductor' means
                        `semiconductor chip product' as defined in
                        section 901 of title 17.
            ``(2) Secretary.--The term `Secretary' means the Secretary
        of Homeland Security.
            ``(3) Without redaction.--The term `without redaction'
        means, with respect to merchandise, without removing, revising,
        or otherwise obscuring any information, codes, marks, numbers,
        or any other markings that appear on the merchandise or its
        retail packaging.
    ``(d) Rule of Construction.--This section applies only with respect
to tangible goods presented to U.S. Customs and Border Protection for
importation into the United States.''.
    (b) Definition.--In this section, the term ``Lanham Act'' means the
Act entitled ``An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July 5,
1946 (15 U.S.C. 1051 et seq.).
    (c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 60-day period beginning on the date
of the enactment of this Act.

Output:
Foreign Counterfeit Merchandise Prevention Act - Amends the federal criminal code to provide that it shall not be a violation of the prohibition against a federal employee disclosing trade secrets or other confidential or proprietary information for an officer or employee of U.S. Customs and Border Protection (CBP): (1) at the time that merchandise is presented for examination and thereafter, to provide the owner of a copyright or a registered mark or any person who may be injured by a circumvention of copyright protection systems with any information appearing on the merchandise, including its retail packaging, or a sample or image of such merchandise and its retail packaging, for the purposes of determining whether the merchandise or its packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is a violation of copyright protection systems; or (2) after seizing merchandise determined to be in violation of copyright protection systems, to provide certain information to persons injured by such violation, including the date of importation, the port of entry, a description of the merchandise, the country of origin of the merchandise, the names and addresses of the foreign manufacturer, the exporter, and the importer, and a photographic or digital image of the merchandise.

Applies such exemption only with respect to tangible goods presented to the CBP for importation into, or exportation from, the United States.

Amends the Lanham Act to direct the Secretary of Homeland Security (DHS) (the Secretary) to record and transmit to customs officers any contact information, documentation of the locality in which goods were manufactured, and copies of trademark registrations furnished by domestic or eligible foreign manufacturers or traders for the purpose of aiding the enforcement of a prohibition on the importation of goods bearing infringing marks or names. (Currently, such activities are performed by the Secretary of the Treasury.)

Requires the Secretary, if the CBP detains critical merchandise bearing a DHS-recorded registered trademark, to provide the trademark owner any information on such critical merchandise and its packaging and labels, including, without redaction, photographs or digital images, packaging, and labels. Permits the Secretary, subject to any bonding and return requirements, to provide the owner samples of the critical merchandise without redaction.

Defines "critical merchandise" to include: (1) aircraft engines, appliances, propellers, and spare parts; (2) children's sleepwear, cosmetics, devices, drugs, food, motor vehicle equipment, pesticide chemicals, semiconductors, and tobacco products; (3) items on the U.S. Munitions List established under specified provisions of the Arms Export Control Act; and (4) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the U.S. laws, pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States.

Applies such Lanham Act amendments only with respect to tangible goods presented to the CBP for importation into the United States.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guard and Reserve Readiness and
Retention Act of 2004''.

SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.

    (a) Age and Service Requirements.--Subsection (a) of section 12731
of title 10, United States Code, is amended to read as follows:
    ``(a)(1) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under section 12739
of this title, if the person--
            ``(A) satisfies one of the combinations of requirements for
        minimum age and minimum number of years of service (computed
        under section 12732 of this title) that are specified in the
        table in paragraph (2);
            ``(B) performed the last six years of qualifying service
        while a member of any category named in section 12732(a)(1) of
        this title, but not while a member of a regular component, the
        Fleet Reserve, or the Fleet Marine Corps Reserve, except that
        in the case of a person who completed 20 years of service
        computed under section 12732 of this title before October 5,
        1994, the number of years of qualifying service under this
        subparagraph shall be eight; and
            ``(C) is not entitled, under any other provision of law, to
        retired pay from an armed force or retainer pay as a member of
        the Fleet Reserve or the Fleet Marine Corps Reserve.
    ``(2) The combinations of minimum age and minimum years of service
required of a person under subparagraph (A) of paragraph (1) for
entitlement to retired pay as provided in such paragraph are as
follows:

``Age, in years, is                        The minimum years of service
  at least:                                   required for that age is:
    53......................................................        34
    54......................................................        32
    55......................................................        30
    56......................................................        28
    57......................................................        26
    58......................................................        24
    59......................................................        22
    60......................................................     20.''.
    (b) 20-Year Letter.--Subsection (d) of such section is amended by
striking ``the years of service required for eligibility for retired
pay under this chapter'' in the first sentence and inserting ``20 years
of service computed under section 12732 of this title.''.
    (c) Effective Date.--This section and the amendments made by this
subsection (a) shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act and shall
apply with respect to retired pay payable for that month and subsequent
months.

SEC. 3. EXPANDED ELIGIBILITY OF READY RESERVE MEMBERS UNDER TRICARE
              PROGRAM.

    (a) Unconditional Eligibility.--Subsection (a) of section 1076b of
title 10, United States Code, is amended by striking ``and receive
benefits'' and all that follows through ``an employer-sponsored health
benefits plan''.
    (b) Permanent Authority.--Subsection (l) of such section is
repealed.
    (c) Conforming Repeal of Obsolete Provisions.--Such section is
further amended--
            (1) by striking subsections (i) and (j); and
            (2) by redesignating subsection (k) as subsection (i).

SEC. 4. CONTINUATION OF NON-TRICARE HEALTH BENEFITS PLAN COVERAGE FOR
              CERTAIN RESERVES CALLED OR ORDERED TO ACTIVE DUTY AND
              THEIR DEPENDENTS.

    (a) Required Continuation.--(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1078a the following
new section:
``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage
              for dependents of certain Reserves called or ordered to
              active duty
    ``(a) Payment of Premiums.--The Secretary concerned shall pay the
applicable premium to continue in force any qualified health benefits
plan coverage for the members of the family of an eligible reserve
component member for the benefits coverage continuation period
if timely elected by the member in accordance with regulations
prescribed under subsection (j).
    ``(b) Eligible Member; Family Members.--(1) A member of a reserve
component is eligible for payment of the applicable premium for
continuation of qualified health benefits plan coverage under
subsection (a) while serving on active duty pursuant to a call or order
issued under a provision of law referred to in section 101(a)(13)(B) of
this title during a war or national emergency declared by the President
or Congress.
    ``(2) For the purposes of this section, the members of the family
of an eligible reserve component member include only the member's
dependents described in subparagraphs (A), (D), and (I) of section
1072(2) of this title.
    ``(c) Qualified Health Benefits Plan Coverage.--For the purposes of
this section, health benefits plan coverage for the members of the
family of a reserve component member called or ordered to active duty
is qualified health benefits plan coverage if--
            ``(1) the coverage was in force on the date on which the
        Secretary notified the reserve component member that issuance
        of the call or order was pending or, if no such notification
        was provided, the date of the call or order;
            ``(2) on such date, the coverage applied to the reserve
        component member and members of the family of the reserve
        component member; and
            ``(3) the coverage has not lapsed.
    ``(d) Applicable Premium.--The applicable premium payable under
this section for continuation of health benefits plan coverage for the
family members of a reserve component member is the amount of the
premium payable by the member for the coverage of the family members.
    ``(e) Maximum Amount.--The total amount that the Department of
Defense may pay for the applicable premium of a health benefits plan
for the family members of a reserve component member under this section
in a fiscal year may not exceed the amount determined by multiplying--
            ``(1) the sum of one plus the number of the family members
        covered by the health benefits plan, by
            ``(2) the per capita cost of providing TRICARE coverage and
        benefits for dependents under this chapter for such fiscal
        year, as determined by the Secretary of Defense.
    ``(f) Benefits Coverage Continuation Period.--The benefits coverage
continuation period under this section for qualified health benefits
plan coverage for the family members of an eligible reserve component
member called or ordered to active duty is the period that--
            ``(1) begins on the date of the call or order; and
            ``(2) ends on the earlier of--
                    ``(A) the date on which the reserve component
                member's eligibility for transitional health care under
                section 1145(a) of this title terminates under
                paragraph (3) of such section;
                    ``(B) the date on which the reserve component
                member elects to terminate the continued qualified
                health benefits plan coverage of the member's family
                members; or
                    ``(C) December 31, 2005.
    ``(g) Extension of Period of COBRA Coverage.--Notwithstanding any
other provision of law--
            ``(1) any period of coverage under a COBRA continuation
        provision (as defined in section 9832(d)(1) of the Internal
        Revenue Code of 1986) for an eligible reserve component member
        under this section shall be deemed to be equal to the benefits
        coverage continuation period for such member under this
        section; and
            ``(2) with respect to the election of any period of
        coverage under a COBRA continuation provision (as so defined),
        rules similar to the rules under section 4980B(f)(5)(C) of such
        Code shall apply.
    ``(h) Nonduplication of Benefits.--A member of the family of a
reserve component member who is eligible for benefits under qualified
health benefits plan coverage paid on behalf of the reserve component
member by the Secretary concerned under this section is not eligible
for benefits under the TRICARE program during a period of the coverage
for which so paid.
    ``(i) Revocability of Election.--A reserve component member who
makes an election under subsection (a) may revoke the election. Upon
such a revocation, the member's family members shall become eligible
for benefits under the TRICARE program as provided for under this
chapter.
    ``(j) Regulations.--The Secretary of Defense shall prescribe
regulations for carrying out this section. The regulations shall
include such requirements for making an election of payment of
applicable premiums as the Secretary considers appropriate.''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1078a the
following new item:

``1078b. Continuation of non-TRICARE health benefits plan coverage for
                            dependents of certain Reserves called or
                            ordered to active duty.''.
    (b) Applicability.--Section 1078b of title 10, United States Code
(as added by subsection (a)), shall apply with respect to calls or
orders of members of reserve components of the Armed Forces to active
duty as described in subsection (b) of such section, that are issued by
the Secretary of a military department before, on, or after the date of
the enactment of this Act, but only with respect to qualified health
benefits plan coverage (as described in subsection (c) of such section)
that is in effect on or after the date of the enactment of this Act.

Output:
Guard and Reserve Readiness Retention Act of 2004 - Makes eligible for retired pay non-regular service reserve personnel who obtain the following age and years of reserve service: (1) 60 and 20; (2) 59 and 22; (3) 58 and 24; (4) 57 and 26; (5) 56 and 28; (6) 55 and 30; (7) 54 and 32; and (8) 53 and 34. (Currently, only those obtaining 60 years of age with 20 years of such service are eligible.)

Removes the requirement that members of the Selected Reserve and the Individual Ready Reserve may be eligible for benefits under TRICARE (a Department of Defense managed health care program) only if such members: (1) are eligible unemployment compensation recipients; or (2) are not eligible for health care benefits under any employer-sponsored health benefits plan. Makes such eligibility permanent (currently terminates December 31, 2004).

Directs the Secretary of the military department concerned to pay the applicable premium to continue in force any qualified health plan coverage for a reserve member (and his or her dependents) while the member is serving on active duty pursuant to a call or order issued during a war or national emergency declared by the President or Congress. Requires the continuation of COBRA coverage during such period. Prohibits simultaneous coverage under both the qualified health plan and TRICARE.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Health Information
Technology Financing Act of 2009''.

SEC. 2. SMALL BUSINESS HEALTH INFORMATION TECHNOLOGY FINANCING PROGRAM.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) by redesignating section 44 as section 45; and
            (2) by inserting after section 43 the following:

``SEC. 44. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY.

    ``(a) Definitions.--In this section--
            ``(1) the term `cost' has the meaning given that term in
        section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
        661a);
            ``(2) the term `eligible professional' means--
                    ``(A) a physician (as defined in section 1861(r) of
                the Social Security Act (42 U.S.C. 1395x(r)));
                    ``(B) a practitioner described in section
                1842(b)(18)(C) of the Social Security Act (42 U.S.C.
                1395u(b)(18)(C));
                    ``(C) a physical or occupational therapist;
                    ``(D) a qualified speech-language pathologist (as
                defined in section 1861(ll)(4)(A) of the Social
                Security Act (42 U.S.C. 1395x(ll)(4)(A));
                    ``(E) a qualified audiologist (as defined in
                section 1861(ll)(4)(B) of the Social Security Act (42
                U.S.C. 1395x(ll)(4)(B));
                    ``(F) a qualified medical transcriptionist;
                    ``(G) a State-licensed pharmacist;
                    ``(H) a State-licensed supplier of durable medical
                equipment, prosthetics, orthotics, or supplies; and
                    ``(I) a State-licensed, a State-certified, or a
                nationally accredited home health care provider;
            ``(3) the term `health information technology'--
                    ``(A) means computer hardware, software, and
                related technology that--
                            ``(i) supports the requirements for being
                        treated as a meaningful EHR user (as described
                        in section 1848(o)(2)(A) of the Social Security
                        Act (42 U.S.C. 1395w-4(o)(2)(A))) and is
                        purchased by an eligible professional to aid in
                        the provision of health care in a health care
                        setting, including electronic medical records;
                        and
                            ``(ii) provides for--
                                    ``(I) enhancement of continuity of
                                care for patients through electronic
                                storage, transmission, and exchange of
                                relevant personal health data and
                                information, such as ensuring that this
                                information is accessible at the times
                                and places where clinical decisions
                                will be or are likely to be made;
                                    ``(II) enhancement of communication
                                between patients and health care
                                providers;
                                    ``(III) improvement of quality
                                measurement by eligible professionals
                                enabling the eligible professionals to
                                collect, store, measure, and report on
                                the processes and outcomes of
                                individual and population performance
                                and quality of care;
                                    ``(IV) improvement of evidence-
                                based decision support; or
                                    ``(V) enhancement of consumer and
                                patient empowerment; and
                    ``(B) does not include information technology the
                sole use of which is financial management, maintenance
                of inventory of basic supplies, or appointment
                scheduling;
            ``(4) the term `qualified eligible professional' means an
        eligible professional whose office is a small business concern;
        and
            ``(5) the term `qualified medical transcriptionist' means a
        specialist in medical language and the healthcare documentation
        process who--
                    ``(A) interprets and transcribes dictation by
                physicians and other healthcare professionals to ensure
                accurate, complete, and consistent documentation of
                healthcare encounters; and
                    ``(B) is certified by or registered with the
                Association for Healthcare Documentation Integrity, or
                a successor association thereto.
    ``(b) Loan Guarantees for Qualified Eligible Professionals.--
            ``(1) In general.--Subject to paragraph (2), the
        Administrator may guarantee not more than 90 percent of a loan
        made to a qualified eligible professional for the acquisition
        of health information technology for use in the medical
        practice of the qualified eligible professional and for the
        costs associated with the installation of the health
        information technology. Except as otherwise provided in this
        section, a loan guaranteed under this section shall be made on
        the same terms and conditions as a loan made under section
        7(a).
            ``(2) Limitations on guarantee amounts.--The maximum amount
        of loan principal guaranteed under this subsection may not be
        more than--
                    ``(A) $350,000 with respect to any 1 qualified
                eligible professional; and
                    ``(B) $2,000,000 with respect to 1 group of
                affiliated qualified eligible professionals.
    ``(c) Fees.--
            ``(1) In general.--The Administrator may--
                    ``(A) impose a guarantee fee on a qualified
                eligible professional for the purpose of reducing the
                cost of the guarantee to zero in an amount not to
                exceed 2 percent of the total guaranteed portion of any
                loan guaranteed under this section; and
                    ``(B) impose an annual servicing fee on a lender
                making a loan guaranteed under this section of not more
                0.5 percent of the outstanding balance of the
                guaranteed portion of loans by the lender guaranteed
                under this section.
            ``(2) No fees by lenders.--No service fees, processing
        fees, origination fees, application fees, points, brokerage
        fees, bonus points, or other fees may be charged to a loan
        applicant or recipient by a lender relating to a loan
        guaranteed under this section.
    ``(d) Deferral Period.--A loan guaranteed under this section shall
carry a deferral period of not less than 1 year and not more than 3
years. The Administrator may subsidize interest during the period for
which a loan guaranteed under this section is deferred.
    ``(e) Effective Date.--The Administrator may not guarantee a loan
under this section until the meaningful EHR use requirements have been
determined by the Secretary of Health and Human Services.
    ``(f) Sunset.--The Administrator may not guarantee a loan under
this section after the date that is 7 years after meaningful EHR use
requirements have been determined by the Secretary of Health and Human
Services.
    ``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary for the cost of guaranteeing
$10,000,000,000 in loans under this section. The Administrator shall
determine the cost of guaranteeing loans under this section separately
and distinctly from other programs operated by the Administrator.''.

Output: Small Business Health Information Technology Financing Act of 2009 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90% of the amount of a loan, up to specified loan amounts, to a small business health professional to be used for the acquisition and installation of health information technology for the professional's medical practice. Defines the term "health information technology" to mean computer hardware, software, and related technology that supports the meaningful electronic health record use requirements of title XVIII (Medicare) of the Social Security Act and is purchased by an eligible professional to aid in the provision of health care, including electronic medical records, but excludes information technology whose sole use is financial management, maintenance of inventory of basic supplies, or appointment scheduling.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf Coast Back to Business Act of
2007''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) 43 percent of businesses that close following a natural
        disaster never reopen;
            (2) an additional 29 percent of businesses close down
        permanently within 2 years of a natural disaster;
            (3) Hurricane Katrina struck the Gulf Coast of the United
        States on August 29, 2005, negatively impacting small business
        concerns and disrupting commerce in the States of Louisiana,
        Mississippi, and Alabama;
            (4) Hurricane Rita struck the Gulf Coast of the United
        States on September 24, 2005, negatively impacting small
        business concerns and disrupting commerce in the States of
        Texas and Louisiana;
            (5) according to the United States Chamber of Commerce,
        more than 125,000 small- and medium-sized businesses in the
        Gulf Coast were disrupted by Hurricane Katrina or Hurricane
        Rita;
            (6) due to a slow initial Federal response and the
        widespread devastation in the affected States, businesses
        impacted by Hurricane Katrina are in dire need of increased
        access to capital and technical assistance to recover and
        prosper; and
            (7) without the full recovery and prosperity of affected
        businesses, the Gulf Coast and the rest of the United States
        will be negatively impacted.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``Disaster Area'' means an area in which the
        President has declared a major disaster in response to
        Hurricane Katrina of 2005 or Hurricane Rita of 2005;
            (2) the term ``major disaster'' has the meaning given that
        term in section 102 of the Robert T. Stafford Disaster Relief
        and Emergency Assistance Act (42 U.S.C. 5122); and
            (3) the term ``small business concern'' has the meaning
        given that term in section 3 of the Small Business Act (15
        U.S.C. 632).

SEC. 4. SMALL BUSINESS CONCERN RECOVERY GRANTS.

    (a) In General.--There are authorized to be appropriated to the
Secretary of Commerce $100,000,000 for the Economic Development
Administration of the Department of Commerce to make grants to the
appropriate State government agencies in Louisiana and Mississippi, to
carry out this section.
    (b) Disbursement of Funds.--
            (1) In general.--Subject to paragraph (2), the Secretary of
        Commerce shall disburse the funds authorized under subsection
        (a) as follows:
                    (A) $75,000,000 to the State of Louisiana.
                    (B) $25,000,000 to the State of Mississippi.
            (2) Proportionate allocation.--Regardless of the amount
        appropriated under subsection (a), the amount appropriated
        shall be allocated among the States listed in paragraph (1) of
        this subsection in direct proportion to the allocation under
        that paragraph.
    (c) Use of Funds.--
            (1) In general.--Grants awarded to a State under subsection
        (a) shall be used by the State to provide grants, which may be
        made to any small business concern located in a Disaster Area
        that was negatively impacted by Hurricane Katrina of 2005 or
        Hurricane Rita of 2005, to assist such small business concern
        for the purposes of--
                    (A) paying employees;
                    (B) paying bills, insurance costs, and other
                existing financial obligations;
                    (C) making repairs;
                    (D) purchasing inventory;
                    (E) restarting or operating that business in the
                community in which it was conducting operations prior
                to Hurricane Katrina of 2005 or Hurricane Rita of 2005,
                or to a neighboring area or county or parish in a
                Disaster Area;
                    (F) compensating such small business concerns for
                direct economic injury suffered as a result of
                Hurricane Katrina of 2005 or Hurricane Rita of 2005; or
                    (G) covering additional costs until that small
                business concern is able to obtain funding through
                insurance claims, Federal assistance programs, or other
                sources.
            (2) Criteria.--
                    (A) In general.--Notwithstanding any other
                provision of law, in making grants under paragraph (1),
                a State may use such criteria as the State determines
                appropriate, and shall not be required to apply
                eligibility criteria for programs administered by the
                Federal Government, including the Department of
                Commerce.
                    (B) Exclusion.--In making grants under paragraph
                (1), a State may not exclude a small business concern
                based on any increase in the revenue of that small
                business concern during the 12-month period beginning
                on October 1, 2005.
            (3) Administrative expenses.--The Department of Commerce
        may use not more than $1,500,000 of the funds authorized under
        subsection (a) to administer the provision of grants to the
        designated States under this subsection.

SEC. 5. DISASTER LOANS AFTER HURRICANE KATRINA OR HURRICANE RITA.

    (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting immediately after paragraph (3) the
following:
            ``(4) Disaster loans after hurricane katrina or hurricane
        rita in a disaster area.--
                    ``(A) Definitions.--In this paragraph--
                            ``(I) the term `Disaster Area' means an
                        area in which the President has declared a
                        major disaster in response to Hurricane Katrina
                        of 2005 or Hurricane Rita of 2005; and
                            ``(ii) the term `qualified borrower' means
                        a person to whom the Administrator made a loan
                        under this section because of Hurricane Katrina
                        of 2005 or Hurricane Rita of 2005.
                    ``(B) Deferment of disaster loan payments.--
                            ``(i) In general.--Notwithstanding any
                        other provision of law, payments of principal
                        and interest on a loan to a qualified borrower
                        made before December 31, 2006, shall be
                        deferred, and no interest shall accrue with
                        respect to such loan, during the time period
                        described in clause (ii).
                            ``(ii) Time period.--The time period for
                        purposes of clause (i) shall be 1 year from the
                        later of the date of enactment of this
                        paragraph or the date on which funds are
                        distributed under a loan described in clause
                        (i), but may be extended to 2 years from such
                        date, at the discretion of the Administrator.
                            ``(iii) Resumption of payments.--At the end
                        of the time period described in clause (ii),
                        the payment of periodic installments of
                        principal and interest shall be required with
                        respect to such loan, in the same manner and
                        subject to the same terms and conditions as
                        would otherwise be applicable to any other loan
                        made under this subsection.''.
    (b) Increasing Collateral Requirements.--
            (1) In general.--Notwithstanding any other provision of
        law, including section 7(c)(6) of the Small Business Act (15
        U.S.C. 636(c)(6)), the Administrator may not require collateral
        for any covered loan made by the Administrator.
            (2) Definition.--In this subsection, the term ``covered
        loan'' means a loan in an amount of not more than $35,000
        made--
                    (A) under section 7(b)(1) of the Small Business Act
                (15 U.S.C. 636(b)(1));
                    (B) as a result of Hurricane Katrina of 2005 or
                Hurricane Rita of 2005; and
                    (C) after the date of enactment of this Act.

SEC. 6. OTHER PROGRAMS.

    (a) HUBZones.--Section 3(p) of the Small Business Act (15 U.S.C.
632(p)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (D), by striking ``or'';
                    (B) in subparagraph (E), by striking the period at
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(F) an area in which the President has declared a
                major disaster (as that term is defined in section 102
                of the Robert T. Stafford Disaster Relief and Emergency
                Assistance Act (42 U.S.C. 5122)) as a result of
                Hurricane Katrina of August 2005 or Hurricane Rita of
                September 2005, during the time period described in
                paragraph (8).''; and
            (2) by adding at the end the following:
            ``(8) Time period.--The time period for the purposes of
        paragraph (1)(F)--
                    ``(A) shall be the 2-year period beginning on the
                later of the date of enactment of this paragraph and
                August 29, 2007; and
                    ``(B) may, at the discretion of the Administrator,
                be extended to be the 3-year period beginning on the
                later of the date of enactment of this paragraph and
                August 29, 2007.''.
    (b) Relief From Test Program.--Section 711(d) of the Small Business
Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is
amended--
            (1) by striking ``The Program'' and inserting the
        following:
            ``(1) In general.--Except as provided in paragraph (2), the
        Program''; and
            (2) by adding at the end the following:
            ``(2) Exception.--
                    ``(A) In general.--The Program shall not apply to
                any contract related to relief or reconstruction from
                Hurricane Katrina of 2005 or Hurricane Rita of 2005
                during the time period described in subparagraph (B).
                    ``(B) Time period.--The time period for the
                purposes of subparagraph (A)--
                            ``(I) shall be the 2-year period beginning
                        on the later of the date of enactment of this
                        paragraph and August 29, 2007; and
                            ``(ii) may, at the discretion of the
                        Administrator, be extended to be the 3-year
                        period beginning on the later of the date of
                        enactment of this paragraph and August 29,
                        2007.''.

Output:
Gulf Coast Back to Business Act of 2007 - Authorizes appropriations for the Economic Development Administration of the Department of Commerce for grants to appropriate state government agencies in Louisiana and Mississippi for small businesses located in disaster areas caused by Hurricanes Katrina or Rita.

Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to defer for a conditional period the payment of principal and interest on disaster loans made to small businesses affected by such hurricanes in the case of loans made before December 31, 2006. Prohibits an increased collateral requirement with respect to the deferred loans.

Includes as a HUBZone (historically underutilized business zone) any area in which the President has declared a major disaster as a result of such hurricanes.

Amends the Small Business Competitive Demonstration Program Act of 1988 to make the small business competitive demonstration program (to test innovative small business procurement methods and procedures) inapplicable, for a conditional period, to any contract related to relief or reconstruction from such hurricanes.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Breast Cancer Patient Education Act
of 2012''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Annually, about 207,090 new cases of breast cancer are
        diagnosed, according to the American Cancer Society.
            (2) Breast cancer has a disproportionate and detrimental
        impact on African-American women and is the most common cancer
        among Hispanic/Latina women.
            (3) African-American women under the age of 40 have a
        greater incidence of breast cancer than Caucasian women of the
        same age.
            (4) Individuals undergoing surgery for breast cancer should
        give due consideration to the option of breast reconstructive
        surgery, either at the same time as the breast cancer surgery
        or at a later date.
            (5) According to the American Cancer Society, immediate
        breast reconstruction offers the advantage of combining the
        breast cancer surgery with the reconstructive surgery and is
        cost effective.
            (6) According to the American Cancer Society, delayed
        breast reconstruction may be advantageous in women who require
        post-surgical radiation or other treatments.
            (7) A woman suffering from the loss of her breast may not
        be a candidate for surgical breast reconstruction or may choose
        not to undergo additional surgery and instead choose breast
        prostheses.
            (8) The Women's Health and Cancer Rights Act of 1998
        (WHCRA; Public Law 105-277) requires health plans that offer
        breast cancer coverage to also provide for breast
        reconstruction.
            (9) Required coverage for breast reconstruction includes
        all the necessary stages of reconstruction. Surgery of the
        opposite breast for symmetry may be required. Breast prostheses
        may be necessary. Other sequelae of breast cancer treatment,
        such as lymphedema, must be covered.
            (10) Up to 70 percent of women eligible for breast
        reconstruction are not informed of their reconstructive
        options.
            (11) Several states have enacted laws to require that women
        receive information on their breast cancer treatment and
        reconstruction options.
            (12) A 2009 study by Amy Alderman, M.D. at the University
        of Michigan and Caprice Greenberg of the Dana Farber Institute
        determined the two dominant reasons why women did not undergo
        breast reconstruction: (1) the woman was not informed of her
        options, and (2) the woman was not referred to a breast
        reconstruction surgeon.
            (13) According to a 2008 report by Greenberg, most women
        undergo breast reconstruction because the option was offered
        and discussed by the breast cancer surgeon. This critical
        discussion is often lacking.
            (14) Greenberg reports that women with Medicare undergo
        breast reconstruction at a rate of 11 percent. Women with
        managed care or indemnity insurance undergo reconstruction at a
        rate of approximately 54 percent. Nationally, only 33 percent
        of eligible women with breast cancer undergo breast
        reconstruction.

SEC. 3. BREAST RECONSTRUCTION EDUCATION.

    Part V of title III of the Public Health Service Act (42 U.S.C.
280; programs relating to breast health and cancer) is amended by
adding at the end the following:

``SEC. 399NN-1. BREAST RECONSTRUCTION EDUCATION.

    ``(a) In General.--The Secretary shall provide for the planning and
implementation of an education campaign to inform breast cancer
patients anticipating surgery regarding the availability and coverage
of breast reconstruction, prostheses, and other options.
    ``(b) Information To Be Disseminated.--
            ``(1) Specific information.--Such campaign shall include
        dissemination of the following information:
                    ``(A) Breast reconstruction is possible at the time
                of breast cancer surgery, or in a delayed fashion.
                    ``(B) Prostheses or breast forms may be available.
                    ``(C) Federal law mandates both public and private
                health plans to include coverage of breast
                reconstruction and prostheses.
                    ``(D) The patient has a right to choose their
                provider of reconstructive care, including the
                potential transfer of care to a surgeon that provides
                breast reconstructive care.
                    ``(E) The patient may opt to undergo breast
                reconstruction in a delayed fashion for personal
                reasons, or after completion of all other breast cancer
                treatments.
            ``(2) Other information.--In addition to the information
        described in paragraph (1), such campaign may include
        dissemination of such other information (whether developed by
        the Secretary or by other entities) as the Secretary determines
        relevant.
            ``(3) Restriction.--Such campaign shall not specify, or be
        designed to serve as a tool to limit, the health care providers
        available to patients.
    ``(c) Consultation.--In developing the information to be
disseminated under this section, the Secretary shall consult with
appropriate medical societies and patient advocates related to breast
cancer, breast reconstructive surgery, and breast prostheses and breast
forms.''.

Output:
Breast Cancer Patient Education Act of 2012 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options.

Requires such campaign to include dissemination of the following information: (1) breast reconstruction is possible at the time of breast cancer surgery or in a delayed fashion; (2) prostheses or breast forms may be available; (3) federal law mandates that both public and private health plans include coverage of breast reconstruction and prostheses; (4) the patient has a right to choose the provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care; and (5) the patient may opt to undergo breast reconstruction in a delayed fashion for personal reasons or after completion of all other breast cancer treatments.

Prohibits such campaign from specifying, or being designed to serve as a tool to limit, the health care providers available to patients.