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[Q]: SECTION 1. AMENDMENT TO MAKE CHAPTER 12 OF TITLE 11, UNITED STATES 
              CODE, PERMANENT.

    (a) Reenactment.--Chapter 12 of title 11, United States Code, as 
reenacted by section 149 of division C of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), 
and amended by this Act, is reenacted.
    (b) Effective Date.--Subsection (a) shall take effect on April 1, 
1999.
    (c) Conforming Amendment.--Section 302 of the Bankruptcy, Judges, 
United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 
U.S.C. 581 note) is amended by striking subsection (f).

SEC. 2. FAMILY FISHERMEN.

    (a) Definitions.--Section 101 of title 11, United States Code, is 
amended--
            (1) by inserting after paragraph (7) the following:
            ``(7A) `commercial fishing operation' includes--
                    ``(A) the catching or harvesting of fish, shrimp, 
                lobsters, urchins, seaweed, shellfish, or other aquatic 
                species or products; and
                    ``(B) aquaculture activities consisting of raising 
                for market any species or product described in 
                subparagraph (A);'';
            ``(7B) `commercial fishing vessel' means a vessel used by a 
        fisherman to carry out a commercial fishing operation;'';
            (2) by inserting after paragraph (19) the following:
            ``(19A) `family fisherman' means--
                    ``(A) an individual or individual and spouse 
                engaged in a commercial fishing operation--
                            ``(i) whose aggregate debts do not exceed 
                        $1,500,000 and not less than 80 percent of 
                        whose aggregate noncontingent, liquidated debts 
                        (excluding a debt for the principal residence 
                        of such individual or such individual and 
                        spouse, unless such debt arises out of a 
                        commercial fishing operation), on the date the 
                        case is filed, arise out of a commercial 
                        fishing operation owned or operated by such 
                        individual or such individual and spouse; and
                            ``(ii) who receive from such commercial 
                        fishing operation more than 50 percent of such 
                        individual's or such individual's and spouse's 
                        gross income for the taxable year preceding the 
                        taxable year in which the case concerning such 
                        individual or such individual and spouse was 
                        filed; or
                    ``(B) a corporation or partnership--
                            ``(i) in which more than 50 percent of the 
                        outstanding stock or equity is held by--
                                    ``(I) 1 family that conducts the 
                                commercial fishing operation; or
                                    ``(II) 1 family and the relatives 
                                of the members of such family, and such 
                                family or such relatives conduct the 
                                commercial fishing operation; and
                            ``(ii)(I) more than 80 percent of the value 
                        of its assets consists of assets related to the 
                        commercial fishing operation;
                            ``(II) its aggregate debts do not exceed 
                        $1,500,000 and not less than 80 percent of its 
                        aggregate noncontingent, liquidated debts 
                        (excluding a debt for 1 dwelling which is owned 
                        by such corporation or partnership and which a 
                        shareholder or partner maintains as a principal 
                        residence, unless such debt arises out of a 
                        commercial fishing operation), on the date the 
                        case is filed, arise out of a commercial 
                        fishing operation owned or operated by such 
                        corporation or such partnership; and
                            ``(III) if such corporation issues stock, 
                        such stock is not publicly traded;''; and
            (3) by inserting after paragraph (19A) the following:
            ``(19B) `family fisherman with regular annual income' means 
        a family fisherman whose annual income is sufficiently stable 
        and regular to enable such family fisherman to make payments 
        under a plan under chapter 12 of this title;''.
    (b) Who May Be a Debtor.--Section 109(f) of title 11, United States 
Code, is amended by inserting ``or family fisherman'' after ``family 
farmer''.
    (c)  Chapter 12.--Chapter 12 of title 11, United States Code, is 
amended--
            (1) in the chapter heading, by inserting ``OR FISHERMAN'' 
        after ``FAMILY FARMER'';
            (2) in section 1201, by adding at the end the following:
    ``(e)(1) Notwithstanding any other provision of law, for purposes 
of this subsection, a guarantor of a claim of a creditor under this 
section shall be treated in the same manner as a creditor with respect 
to the operation of a stay under this section.
    ``(2) For purposes of a claim that arises from the ownership or 
operation of a commercial fishing operation, a co-maker of a loan made 
by a creditor under this section shall be treated in the same manner as 
a creditor with respect to the operation of a stay under this 
section.'';
            (3) in section 1203, by inserting ``or commercial fishing 
        operation'' after ``farm'';
            (4) in section 1206, by striking ``if the property is 
        farmland or farm equipment'' and inserting ``if the property is 
        farmland, farm equipment, or property of a commercial fishing 
        operation (including a commercial fishing vessel)''; and
            (5) by adding at the end the following:
``Sec. 1232. Additional provisions relating to family fishermen
    ``(a)(1) Notwithstanding any other provision of law, except as 
provided in subsection (c), with respect to any commercial fishing 
vessel of a family fisherman, the debts of that family fisherman shall 
be treated in the manner prescribed in paragraph (2).
    ``(2)(A) For purposes of this chapter, a claim for a lien described 
in subsection (b) for a commercial fishing vessel of a family fisherman 
that could, but for this subsection, be subject to a lien under 
otherwise applicable maritime law, shall be treated as an unsecured 
claim.
    ``(B) Subparagraph (A) applies to a claim for a lien resulting from 
a debt of a family fisherman incurred on or after the date of enactment 
of this chapter.
    ``(b) A lien described in this subsection is--
            ``(1) a maritime lien under subchapter III of chapter 313 
        of title 46, United States Code, without regard to whether that 
        lien is recorded under section 31343 of title 46, United States 
        Code; or
            ``(2) a lien under applicable State law (or the law of a 
        political subdivision thereof).
    ``(c) Subsection (a) shall not apply to--
            ``(1) a claim made by a member of a crew or a seaman 
        including a claim made for--
                    ``(A) wages, maintenance, or cure; or
                    ``(B) personal injury; or
            ``(2) a preferred ship mortgage that has been perfected 
        under subchapter II of chapter 313 of title 46, United States 
        Code.
    ``(d) For purposes of this chapter, a mortgage described in 
subsection (c)(2) shall be treated as a secured claim.''.
    (d) Clerical Amendments.--
            (1) Table of chapters.--In the table of chapters for title 
        11, United States Code, the item relating to chapter 12, is 
        amended to read as follows:

``12. Adjustments of Debts of a Family Farmer or Family         1201''.
                            Fisherman with Regular Annual 
                            Income.
            (2) Table of sections.--The table of sections for chapter 
        12 of title 11, United States Code, is amended by adding at the 
        end the following new item:

``1232. Additional provisions relating to family fishermen.''.
[A]: Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to reenact permanently chapter 12 of the Federal Bankruptcy Code (Adjustments of Debts of a Family Farmer). 
Amends Federal bankruptcy provisions to include family fishermen as authorized debtors. 
Requires a guarantor of a claim of a creditor to be treated in the same manner as a creditor with respect to the operation of a stay under such provisions.  Treats, with respect to the ownership or operation of a commercial fishing operation, a co-maker of a loan made by a creditor in the same manner as a creditor with respect to such a stay. 
Includes a commercial fishing operation under provisions concerning debtor rights and powers. 
Treats a claim for a lien for a commercial fishing vessel of a family fisherman as an unsecured claim.  States that such treatment shall not apply to: (1) a claim made by a crewmember or seaman for wages or personal injury; or (2) a preferred ship mortgage that has been perfected under provisions of the Uniform Commercial Code.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Telephone Connection 
Protection Act of 2005''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) The telephone is the primary method by which 
        individuals correspond and maintain contact with family members 
        who are incarcerated in correctional institutions.
            (2) Except for emergency purposes, family members are not 
        allowed to call people incarcerated in correctional 
        institutions; incarcerated persons are typically allowed to 
        call family members and other pre-approved individuals only 
        through payphones physically located on the premises of 
        correctional institutions.
            (3) Inmate telephone service in correctional institutions 
        often is limited to collect calling.
            (4) Regardless of whether the prisoners' calls are placed 
        collect or through a debit account, the prisoners' family 
        members typically pay for the calls, either through their 
        telephone bills, in the case of collect calls received from 
        prisoners, or by making deposits directly into prisoners' debit 
        accounts.
            (5) Innocent citizens are paying excessive telephone 
        charges simply due to having a family member or loved one who 
        is incarcerated.
            (6) The rates for calls from correctional institutions are 
        some of the highest rates in the United States, with some per-
        minute charges reaching $1 and service or connection charges of 
        $3.95 per call.
            (7) Information compiled by the Congress and the Federal 
        Communications Commission shows that the high rates are due in 
        part to the lack of competition between telephone companies 
        that provide long distance inmate telephone service to 
        correctional institutions.
            (8) There are no competitive forces providing incentives 
        for those carriers to lower prices or operate efficiently 
        because, unlike the mass market, only one carrier is typically 
        permitted to provide long distance inmate telephone service 
        within each correctional institution.
            (9) High calling rates also are due in part to commissions 
        that carriers pay to correctional institution administrators 
        for the exclusive right to provide long distance inmate 
        telephone service in a correctional facility. In some cases, 
        such commissions account for 50 percent or more of the total 
        charges.
            (10) The collection of such commissions by correctional 
        institution administrators and state departments of correction 
        based upon interstate telecommunications revenues is a burden 
        on interstate commerce.
            (11) Due to the lack of competition for telephone services 
        within correctional institutions, families of people in prison, 
        many of whom have low incomes, cannot choose the long distance 
        carrier with the lowest calling rates and must pay the 
        excessive rates charged by the carrier having the exclusive 
        right to provide long distance service to the correctional 
        institution from which the call originates.
            (12) It is the policy of the United States to ensure that 
        all Americans are afforded just and reasonable communications 
        services, including those families that pay rates for inmate 
        telephone service.
            (13) It is clear from various studies that maintaining 
        frequent and meaningful communications between people who are 
        incarcerated and family members is key to the successful social 
        reintegration of formerly incarcerated individuals. Such 
        contact reduces recidivism and facilitates rehabilitation, 
        which in turn reduces crime and the future costs of 
        imprisonment.
            (14) Frequent communications between incarcerated persons 
        and family members is burdened, and in some cases, prevented, 
        by excessive inmate telephone service rates. Excessive inmate 
        telephone service rates thus weaken the family and community 
        ties that are necessary for successful reentry into society by 
        persons who were formerly incarcerated and the reduction in 
        crime resulting from successful reentry.
            (15) The Commission has the expertise and authority to 
        regulate inmate telephone service. Because parties to 
        Commission rulemaking proceedings have raised issues regarding 
        its authority to implement meaningful relief for excessive 
        inmate telephone service rates, Congress finds it necessary and 
        appropriate to reaffirm that the Commission has the authority 
        to implement the types of relief set forth in this Act.

SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE TELEPHONE SERVICE.

    (a) Definitions.--Section 226(a) of the Communications Act of 1934 
(47 U.S.C. 226(a)) is amended adding at the end the following new 
paragraphs:
            ``(10) The term `collect' or `collect call' refers to a 
        telephone call from a person incarcerated in a correctional 
        institution that is billed to the subscriber receiving the 
        call.
            ``(11) The term `commission' refers to a fee or other 
        payment by a provider of inmate telephone service to an 
        administrator of a correctional institution, department of 
        correction, or similar entity, based upon, or partly upon, 
        inmate telephone service revenue.
            ``(12) The term `debit account' refers to the payment of 
        inmate telephone service through a prisoner's prepaid card or 
        other account, which can be accessed only through an access 
        code, personal identification number, or similar identifier.
            ``(13) The term `inmate telephone service' includes the 
        provision of telephone service enabling persons incarcerated in 
        correctional institutions to originate interstate calls at 
        payphones or other telephones that are designated for 
        prisoners' personal use, regardless of whether the calls are 
        collect, paid through a debit account, or paid through any 
        other means.
            ``(14) The term `provider of inmate telephone service' 
        means any common carrier that provides inmate telephone service 
        or any other person determined by the Commission to be 
        providing inmate telephone service.''.
    (b) Regulations.--Section 226 is further amended--
            (1) by redesignating subsection (i) as subsection (k); and
            (2) inserting after subsection (h) the following new 
        subsections:
    ``(i) Regulation of Inmate Telephone Service.--
            ``(1) Rates.--In order to ensure that charges for inmate 
        telephone service are just, reasonable, and nondiscriminatory, 
        the Commission shall consider, either in a rulemaking 
        proceeding that is pending as of the date of enactment of the 
        Family Telephone Connection Protection Act of 2005 or in a new 
        rulemaking proceeding, the following types of regulation of 
        inmate telephone service, all of which are within the 
        Commission's jurisdiction and authority:
                    ``(A) prescribing a maximum uniform per-minute 
                compensation rate;
                    ``(B) prescribing a maximum uniform service 
                connection or other per-call compensation rate;
                    ``(C) prescribing variable maximum compensation 
                rates depending on such factors as carrier costs, the 
                size of the correctional facility served, and other 
                relevant factors identified by the Commission;
                    ``(D) requiring providers of inmate telephone 
                service to offer both collect calling and debit account 
                services;
                    ``(E) prohibiting the payment of commissions by 
                providers of inmate telephone service to administrators 
                of correctional institutions, departments of 
                correction, and similar entities; and
                    ``(F) requiring administrators of correctional 
                institutions, departments of correction, and similar 
                entities to allow more than one provider of inmate 
                telephone service to provide interstate inmate 
                telephone service at a correctional institution in 
                order that prisoners have a choice of such providers.
            ``(2) Scope.--The regulations adopted by the Commission 
        shall be technologically neutral and shall not jeopardize 
        legitimate security and penelogical interests. To the extent 
        the Commission regulations reduce or eliminate the revenue 
        derived by administrators of correctional institutions, 
        departments of correction, and similar entities from the 
        receipt of commissions, such effects of Commission regulations 
        shall not be considered as jeopardizing or otherwise affecting 
        legitimate security or penelogical interests.
            ``(3) Deadlines and periodic review.--The Commission shall 
        prescribe regulations to implement the provisions of this 
        subsection within one year after the date of enactment of the 
        Family Telephone Connection Protection Act of 2005. The 
        Commission shall review, on a triennial basis, the regulations 
        promulgated under this subsection, including whether any 
        Commission-established compensation rates should be modified.
            ``(4) State preemption.--To the extent that any State 
        requirements are inconsistent with the Commission's regulations 
        affecting or pertaining to interstate inmate telephone service, 
        including restrictions on the payment of commissions based upon 
        interstate inmate telephone service revenues or earnings, the 
        Commission's regulations on such matters shall preempt such 
        State requirements.
    ``(j) Inmate Telephone Service Fully Subject to Sections 251 and 
252.--
            ``(1) Inmate telephone service is fully subject to the 
        requirements of sections 251 and 252 of this Act.
            ``(2) No provider of inmate telephone service may block or 
        otherwise refuse to carry a call placed by an incarcerated 
        person on the grounds that the provider has no contractual or 
        other arrangement with the local exchange carrier serving the 
        intended recipient of the call or other common carrier involved 
        in any portion of the transmission of the call.''.
[A]: Family Telephone Connection Protection Act of 2005 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to consider the following types of regulation of inmate telephone service: (1) prescribing a maximum uniform per-minute rate (paid to telephone service providers); (2) prescribing a maximum uniform service connection or other per-call rate; (3) prescribing variable maximum rates depending on factors such as carrier costs or the size of the correctional facility; (4) requiring providers of inmate telephone service to offer both collect calling and debit account services; (5) prohibiting the payment of commissions by such providers to administrators of correctional facilities; and (6) requiring such administrators to allow more than one service provider at a facility so that prisoners have a choice.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Integrated Electronic Health Records 
(iEHR) for Military and Veterans Act''.

SEC. 2. PRIZE PROGRAM FOR THE DEVELOPMENT OF A FULLY-INTEGRATED 
              ELECTRONIC HEALTH RECORDS PROGRAM FOR USE BY THE 
              DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) Prize Authority.--
            (1) In general.--The Secretary of Defense and the Secretary 
        of Veterans Affairs shall jointly carry out a program to award 
        a cash prize in the amount of $50,000,000 and contract to an 
        entity that develops a fully-integrated electronic health 
        records program for national use by the Department of Defense 
        and the Department of Veterans Affairs.
            (2) Advertising and solicitation of competitors.--
                    (A) Advertising.--The Secretaries shall widely 
                advertise prize competitions under this section to 
                encourage broad participation by researchers, large and 
                small businesses, institutions of higher education, and 
                any other qualified applicants, including veterans.
                    (B) Announcement through federal register notice.--
                The Secretaries shall announce each prize competition 
                under this section by publishing a notice in the 
                Federal Register. This notice shall include essential 
                elements of the competition such as the subject of the 
                competition, the duration of the competition, the 
                eligibility requirements for participation in the 
                competition, the process for participants to register 
                for the competition, the amount of the prize, and the 
                criteria for awarding the prize and contract.
            (3) Announcement of prizes.--The Secretary may not issue a 
        notice required by paragraph (2)(B) until all the funds needed 
        to pay out the announced amount of the prize have been 
        appropriated.
    (b) Eligibility.--To be eligible to win a prize under this section, 
an individual or entity--
            (1) shall have complied with all the requirements in 
        accordance with the Federal Register notice required under 
        subsection (a)(2)(B);
            (2) in the case of a private entity, shall be incorporated 
        in and maintain a primary place of business in the United 
        States, and in the case of an individual, whether participating 
        singly or in a group, shall be a citizen of, or an alien 
        lawfully admitted for permanent residence in, the United 
        States; and
            (3) shall not be a Federal entity, a Federal employee 
        acting within the scope of his employment, or an employee of a 
        national laboratory acting within the scope of his employment.
    (c) Joint Panel.--
            (1) Establishment.--The Secretary of Defense and the 
        Secretary of Veterans Affairs shall establish a joint panel to 
        establish the criteria for the development of a fully-
        integrated electronic health records program eligible for an 
        award and contract under this section to ensure that the 
        program meets the requirements of the Department of Defense and 
        the Department of Veterans Affairs.
            (2) Membership.--
                    (A) In general.--The members of the joint panel 
                shall be--
                            (i) one physician from each of the military 
                        departments, to be appointed by the Secretary 
                        of the military department concerned;
                            (ii) two physicians employed by the 
                        Department of Veterans Affairs, to be appointed 
                        by the Secretary of Veterans Affairs; and
                            (iii) two representatives of the Veterans 
                        Benefits Administration of the Department of 
                        Veterans Affairs, to be appointed by the 
                        Secretary of Veterans Affairs.
                    (B) Deadline for appointment.--Members of the joint 
                panel shall be appointed by not later than 14 days 
                after the date of the enactment of this Act. Any member 
                who is not appointed by such deadline shall not be 
                appointed to the panel.
            (3) Deadline for criteria.--The joint panel shall establish 
        criteria with sufficient specificity for development, taking 
        best practices of private and public electronic health records 
        under consideration. If the panel fails to agree on such 
        criteria or if an insufficient number of members are appointed 
        to the panel before the deadline under paragraph (2)(B), the 
        National Health Information Technology Coordinator shall 
        determine such criteria, taking best practices of private and 
        public electronic health record systems into consideration.
    (d) Deadline for Submissions.--The deadline for the submission of 
an application to participate in the competition under this section is 
the date that is one year after the date on which the criteria are 
established under subsection (c), or if such date falls on a weekend, 
the next weekday following such date.
    (e) Award Selection.--The Secretary of Defense and the Secretary of 
Veterans Affairs shall award prizes under this section on the basis of 
the criteria published in the notice required under subsection 
(a)(2)(B).
    (f) Contract.--Notwithstanding any other provision of law, the 
entity that is awarded a prize under this section shall be awarded a 
contract with the Department of Defense and the Department of Veterans 
Affairs to provide the fully-integrated electronic health records 
program for which the prize is awarded to the Departments and to 
provide maintenance and support for such program for a five-year period 
and under such contract shall be compensated in an amount of 
$25,000,000 for each year.
    (g) Intellectual Property.--
            (1) Treatment of winning intellectual property.--Upon the 
        expiration of the contract referred to in subsection (e) the 
        intellectual property rights in the fully-integrated electronic 
        health records program for which a prize is awarded under this 
        section shall revert to the Federal Government. The entity that 
        is awarded a prize under this section shall retain the 
        intellectual property rights in any upgrades to the program 
        developed by the entity.
            (2) Other intellectual property.--Except as provided in 
        paragraph (1), the Federal Government shall not, by virtue of 
        offering or awarding a prize under this section, be entitled to 
        any intellectual property rights derived as a consequence of, 
        or direct relation to, the participation by a registered 
        participant in a competition authorized by this section. This 
        subsection shall not be construed to prevent the Federal 
        Government from negotiating a license for the use of 
        intellectual property developed for a prize competition under 
        this section.
    (h) Liability.--
            (1) Waiver of liability.--The Secretary of Defense and the 
        Secretary of Veterans Affairs may require registered 
        participants to waive claims against the Federal Government 
        (except claims for willful misconduct) for any injury, death, 
        damage, or loss of property, revenue, or profits arising from 
        the registered participants' participation in a competition 
        under this section. The Secretary shall give notice of any 
        waiver required under this paragraph in the notice required by 
        subsection (a)(2)(B).
            (2) Liability insurance.--
                    (A) Requirements.--Registered participants in a 
                prize competition under this section shall be required 
                to obtain liability insurance or demonstrate financial 
                responsibility, in amounts determined by the Secretary, 
                for claims by--
                            (i) a third party for death, bodily injury, 
                        or property damage or loss resulting from an 
                        activity carried out in connection with 
                        participation in a competition under this 
                        section; and
                            (ii) the Federal Government for damage or 
                        loss to Government property resulting from such 
                        an activity.
                    (B) Federal government insured.--The Federal 
                Government shall be named as an additional insured 
                under a registered participant's insurance policy 
                required under subparagraph (A) with respect to claims 
                described in clause (i) of that subparagraph, and 
                registered participants shall be required to agree to 
                indemnify the Federal Government against third party 
                claims for damages arising from or related to 
                competition activities under this section.
    (i) Nonsubstitution.--The programs created under this section shall 
not be considered a substitute for Federal research and development 
programs.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated $50,000,000 to carry out this section.
[A]:
Integrated Electronic Health Records (iEHR) for Military and Veterans Act - Directs the Secretaries of Defense (DOD) and Veterans Affairs (VA) to jointly carry out a program to award a cash prize ($50 million) and contract to an entity that develops a fully-integrated electronic health records program for national use by DOD and VA. Directs the Secretaries to: (1) widely advertise the prize competitions and announce each one in the Federal Register, and (2) create a joint panel to establish criteria for the program's development. Requires the prize recipient to be awarded a contract with DOD and VA to provide the program, including maintenance and support, and to be compensated at $25 million per year for five years. Reverts to the federal government, after such period, any intellectual property developed under the contract. Authorizes the Secretaries to require competition participants to waive claims against the federal government (except for willful conduct) arising from such participation, and requires participants to obtain liability insurance therefor.