TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Safety Officer Medal of Valor 
Act of 2001''.

SEC. 2. AUTHORIZATION OF MEDAL.

    After September 1, 2001, the President may award, and present in 
the name of Congress, a Medal of Valor of appropriate design, with 
ribbons and appurtenances, to a public safety officer who is cited by 
the Attorney General, upon the recommendation of the Medal of Valor 
Review Board, for extraordinary valor above and beyond the call of 
duty. The Public Safety Medal of Valor shall be the highest national 
award for valor by a public safety officer.

SEC. 3. MEDAL OF VALOR BOARD.

    (a) Establishment of Board.--There is established a Medal of Valor 
Review Board (hereinafter in this Act referred to as the ``Board''), 
which shall be composed of 11 members appointed in accordance with 
subsection (b) and shall conduct its business in accordance with this 
Act.
    (b) Membership.--
            (1) Members.--The members of the Board shall be individuals 
        with knowledge or expertise, whether by experience or training, 
        in the field of public safety, of which--
                    (A) two shall be appointed by the majority leader 
                of the Senate;
                    (B) two shall be appointed by the minority leader 
                of the Senate;
                    (C) two shall be appointed by the Speaker of the 
                House of Representatives;
                    (D) two shall be appointed by the minority leader 
                of the House of Representatives; and
                    (E) three shall be appointed by the President, 
                including one with experience in firefighting, one with 
                experience in law enforcement, and one with experience 
                in emergency services.
            (2) Term.--The term of a Board member shall be 4 years.
            (3) Vacancies.--Any vacancy in the membership of the Board 
        shall not affect the powers of the Board and shall be filled in 
        the same manner as the original appointment.
            (4) Operation of the board.--
                    (A) Chairman.--The Chairman of the Board shall be 
                elected by the members of the Board from among the 
                members of the Board.
                    (B) Meetings.--The Board shall conduct its first 
                meeting not later than 90 days after the appointment of 
                the last member appointed of the initial group of 
                members appointed to the Board. Thereafter, the Board 
                shall meet at the call of the Chairman of the Board. 
                The Board shall meet not less often than twice each 
                year.
                    (C) Voting and rules.--A majority of the members 
                shall constitute a quorum to conduct business, but the 
                Board may establish a lesser quorum for conducting 
                hearings scheduled by the Board. The Board may 
                establish by majority vote any other rules for the 
                conduct of the Board's business, if such rules are not 
                inconsistent with this Act or other applicable law.
    (c) Duties.--The Board shall select candidates as recipients of the 
Medal of Valor from among those applications received by the National 
Medal of Valor Office. Not more often than once each year, the Board 
shall present to the Attorney General the name or names of those it 
recommends as Medal of Valor recipients. In a given year, the Board 
shall not be required to select any recipients but may not select more 
than 5 recipients. The Attorney General may in extraordinary cases 
increase the number of recipients in a given year. The Board shall set 
an annual timetable for fulfilling its duties under this Act.
    (d) Hearings.--
            (1) In general.--The Board may hold such hearings, sit and 
        act at such times and places, administer such oaths, take such 
        testimony, and receive such evidence as the Board considers 
        advisable to carry out its duties.
            (2) Witness expenses.--Witnesses requested to appear before 
        the Board may be paid the same fees as are paid to witnesses 
        under section 1821 of title 28, United States Code. The per 
        diem and mileage allowances for witnesses shall be paid from 
        funds appropriated to the Board.
    (e) Information From Federal Agencies.--The Board may secure 
directly from any Federal department or agency such information as the 
Board considers necessary to carry out its duties. Upon the request of 
the Board, the head of such department or agency may furnish such 
information to the Board.
    (f) Information To Be Kept Confidential.--The Board shall not 
disclose any information which may compromise an ongoing law 
enforcement investigation or is otherwise required by law to be kept 
confidential.

SEC. 4. BOARD PERSONNEL MATTERS.

    (a) Compensation of Members.--(1) Except as provided in paragraph 
(2), each member of the Board shall be compensated at a rate equal to 
the daily equivalent of the annual rate of basic pay prescribed for 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code, for each day (including travel time) during which 
such member is engaged in the performance of the duties of the Board.
    (2) All members of the Board who serve as officers or employees of 
the United States, a State, or a local government, shall serve without 
compensation in addition to that received for those services.
    (b) Travel Expenses.--The members of the Board shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of service for the Board.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Public safety officer.--The term ``public safety 
        officer'' means a person serving a public agency, with or 
        without compensation, as a firefighter, law enforcement 
        officer, or emergency services officer, as determined by the 
        Attorney General. For the purposes of this paragraph, the term 
        ``law enforcement officer'' includes a person who is a 
        corrections or court officer or a civil defense officer.
            (2) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Attorney General 
such sums as may be necessary to carry out this Act.

SEC. 7. NATIONAL MEDAL OF VALOR OFFICE.

    There is established within the Department of Justice a National 
Medal of Valor Office. The Office shall provide staff support to the 
Board to establish criteria and procedures for the submission of 
recommendations of nominees for the Medal of Valor and for the final 
design of the Medal of Valor.

SEC. 8. CONFORMING REPEAL.

    Section 15 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2214) is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):
    ``(a) Establishment.--There is hereby established an honorary award 
for the recognition of outstanding and distinguished service by public 
safety officers to be known as the Director's Award For Distinguished 
Public Safety Service (`Director's Award').'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1); and
                    (B) by striking ``(2)'';
            (3) by striking subsections (c) and (d) and redesignating 
        subsections (e), (f), and (g) as subsections (c), (d), and (e), 
        respectively; and
            (4) in subsection (c), as so redesignated--
                    (A) by striking paragraph (1); and
                    (B) by striking ``(2)''.

SEC. 9. CONSULTATION REQUIREMENT.

    The Board shall consult with the Institute of Heraldry within the 
Department of Defense regarding the design and artistry of the Medal of 
Valor. The Board may also consider suggestions received by the 
Department of Justice regarding the design of the medal, including 
those made by persons not employed by the Department.

            Passed the Senate May 14, 2001.

            Attest:

                                                             Secretary.
107th CONGRESS

  1st Session

                                 S. 39

_______________________________________________________________________

                                 AN ACT

  To provide a national medal for public safety officers who act with 
 extraordinary valor above and beyond the call of duty, and for other 
                               purposes.

SOLUTION: Public Safety Officer Medal of Valor Act of 2001 - Allows the President to award, and present in the name of the Congress, a Medal of Valor to a public safety officer cited by the Attorney General, upon the recommendation of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. Provides that the Public Safety Medal of Valor shall be the highest national award for valor by a public safety officer.Establishes a Medal of Valor Review Board to select candidates to receive the Medal from among applications received by the National Medal of Valor Office. Requires the Board to consult with the Institute of Heraldry in the Department of Defense regarding the design of the Medal.Authorizes appropriations.Establishes within the Department of Justice a National Medal of Valor Office to provide staff support to the Board to establish criteria and procedures for the submission of nominee recommendations for the Medal and for the final design of the Medal.Amends the Fire Prevention and Control Act of 1974 to establish an honorary Director's (Director of the Federal Emergency Management Agency) Award for Distinguished Public Safety Service for the recognition of outstanding and distinguished service by public safety officers (repeals provisions regarding the President's Award for Outstanding Public Safety Service and the Secretary of Commerce's Award for Distinguished Public Safety Service).

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Environmental Policy Act 
Administrative Reorganization Amendments of 1993''.

SEC. 2. ESTABLISHMENT OF OFFICE OF NATIONAL ENVIRONMENTAL POLICY ACT 
              COMPLIANCE.

    Sections 201, 202, and 204 of title II of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) are 
redesignated and amended to read as follows:
    ``Sec. 201. (a) There is established in the Executive Office of the 
President the Office of National Environmental Policy Act Compliance. 
The Office may be referred to as the `Office of NEPA Compliance'.
    ``(b) The head of the Office shall be the Director of the Office of 
National Environmental Policy Act Compliance, who shall be appointed by 
the President, by and with the advice and consent of the Senate. The 
compensation of the Director shall be at the rate of compensation 
payable to the Deputy Director of the Office of Management and Budget.
    ``Sec. 202. (a) The Director shall--
            ``(1) promulgate regulations governing the implementation 
        of this Act by all Federal agencies (including independent 
        regulatory commissions) which include provisions for public 
        review and comment on the detailed statements required by 
        section 102(2)(C) and, as appropriate, on other documents 
        prepared pursuant to this Act;
            ``(2) mediate interagency disputes, including recommending 
        to the President, as appropriate, resolutions of referrals of 
        interagency disagreements under section 203;
            ``(3) monitor Federal agency implementation of this Act and 
        regulations issued under paragraph (1), including--
                    ``(A) reviewing and approving regulations issued by 
                other Federal agencies to implement this Act;
                    ``(B) determining which Federal agency is the lead 
                agency for purposes of compliance with this Act in 
                cases in which Federal agencies do not agree on which 
                is the lead agency;
                    ``(C) developing alternative procedures for 
                complying with this Act in cases in which emergency 
                circumstances make it necessary for a Federal agency to 
                take an action with significant environmental impact;
                    ``(D) developing alternative procedures for 
                complying with this Act, in cases in which a change in 
                a proposed Federal agency action or new information 
                relating to the environmental impacts of such an action 
                makes it necessary to supplement existing analysis 
                under this Act; and
                    ``(E) developing and publishing guidance to Federal 
                agencies regarding implementation of title I and 
                regulations promulgated under paragraph (1); and
            ``(4) perform such other functions related to environmental 
        laws, policies, and programs as the President may specify.
    ``(b) Nothing in this Act shall be construed to affect, alter, or 
limit the independence of independent regulatory commissions under the 
laws establishing such commissions. The policies, practices, and 
interpretations under this Act and the Environmental Quality 
Improvement Act of 1970 and other laws applicable to, or adopted by, 
such commissions or the Council on Environmental Quality before the 
date of the enactment of the National Environmental Policy Act 
Administrative Reorganization Amendments of 1993 shall continue in 
effect to the extent they are consistent with such independence and 
carry out the purposes of such Acts.
    ``(c)(1) The Director, subject to paragraph (2), shall--
            ``(A) review and appraise the various programs and 
        activities of the Federal Government in light of the policy set 
        forth in title I for the purpose of determining the extent to 
        which such programs and activities are contributing to the 
        achievement of such policy and make recommendations to the 
        President with respect thereto;
            ``(B) coordinate or facilitate the development of 
        recommendations to the President regarding national policies to 
        foster and promote the improvement of environmental quality to 
        meet the conservation, social, economic, health, and other 
        requirements and goals of the Nation; and
            ``(C) coordinate or facilitate the development of such 
        studies, reports thereon, and recommendations with respect to 
        matters of policy and legislation, as the President may 
        request.
    ``(2) The President may transfer to another official in the 
Executive Office of the President, by Executive order, any function of 
the Director under this subsection.
    ``(d)(1) The Director, subject to paragraph (2), shall--
            ``(A) assist Federal agencies and departments in appraising 
        the effectiveness of existing and proposed facilities, 
        programs, policies, and activities of the Federal Government, 
        and those specific major projects designated by the President 
        which do not require individual project authorization by the 
        Congress, which affect environmental quality; and
            ``(B) assist in coordinating among Federal departments and 
        agencies those programs and activities which affect, protect, 
        and improve environmental quality.
    ``(2) The President may transfer to another official in the 
Executive Office of the President or to the head of any Federal agency, 
by Executive order, any function of the Director under this subsection.
    ``(e) The Director shall keep the appropriate Committees of the 
Senate and the House of Representatives informed of the actions, 
regulations, policies, and practices of the Office in carrying out the 
functions and other requirements of the Director and the Office under 
this Act (other than functions of the Director transferred in 
accordance with subsection (c)(2) or (d)(2)).
    ``Sec. 203. Referrals of interagency disagreements by the head of 
any Federal agency concerning proposed major Federal actions 
significantly affecting the quality of the human environment under 
section 102(2)(C) or concerning matters under section 309(b) of the 
Clean Air Act shall be made to the Office for mediation and, as 
appropriate, resolution by the President.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS TO NEPA.

    Sections 203, 205, 207, and 208 of the National Environmental 
Policy Act of 1969, as in effect on the date of enactment of this Act, 
are redesignated in order as sections 204, 205, 206, and 207, 
respectively; such sections are each amended by striking ``Council'' 
and inserting ``Office'' each place it appears; and section 206 of such 
Act, as in effect on the day before the date of the enactment of this 
Act, is repealed.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS TO THE ENVIRONMENTAL 
              QUALITY IMPROVEMENT ACT OF 1970.

    The Environmental Quality Improvement Act of 1970 (42 U.S.C. 4372 
et seq.) is amended--
            (1) in section 202(c) by--
                    (A) striking ``The purposes'' and all that follows 
                through ``(1) to'' and inserting ``the purpose of this 
                title is to''; and
                    (B) striking ``; and'' and all that follows through 
                the end of the section and inserting a period;
            (2) in section 203, by striking subsections (a) through (d) 
        and the designation for subsection (e);
            (3) by striking sections 204 and 205;
            (4) in section 206(a), by striking ``Office of 
        Environmental Quality Management Fund'' and inserting ``Office 
        of National Environmental Policy Act Compliance Management 
        Fund'';
            (5) by redesignating section 206 as section 204; and
            (6) by adding at the end the following:

                             ``definitions

    ``Sec. 205. In this title, each of the terms `Director' and 
`Office' has the meaning given that term in section 3 of the National 
Environmental Policy Act of 1969.''.

SEC. 5. ASSISTANCE FOR OFFICE OF NATIONAL ENVIRONMENTAL POLICY ACT 
              COMPLIANCE.

    The National Environmental Policy Act of 1969 (as amended by 
section 3) is amended by inserting after section 207 the following:
    ``Sec. 208. To assist in the timely performance of the functions of 
the Office, the Director may utilize personnel or otherwise obtain 
assistance from other entities in the Executive Office of the President 
or other Federal agencies, by mutual consent with the heads of those 
entities or agencies, to assist the Director in performing the 
functions of the Office.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Section 209 of the National Environmental Policy Act of 1969 is 
amended to read as follows:
    ``Sec. 209. (a) There are authorized to be appropriated to the 
Director to carry out the functions of the Director under this or any 
other Act--
            ``(1) $1,000,000 for fiscal year 1994;
            ``(2) $1,100,000 for fiscal year 1995;
            ``(3) $1,200,000 for fiscal year 1996; and
            ``(4) $1,400,000 for fiscal year 1997.
    ``(b) Amounts appropriated to, or available for the use of, the 
Office or the Director shall remain available until expended.''.

SEC. 7. DEFINITIONS.

    The National Environmental Policy Act of 1969 is amended by 
inserting after section 2 (42 U.S.C. 4321) the following:
    ``Sec. 3. In this Act:
            ``(1) The term `Director' means the Director of the Office 
        of National Environmental Policy Act Compliance appointed under 
        section 201(b).
            ``(2) The term `Fund' means the Office of National 
        Environmental Policy Act Compliance Management Fund established 
        by section 204 of the Environmental Quality Improvement Act of 
        1970.
            ``(3) The term `Office' means the Office of National 
        Environmental Policy Act Compliance established by section 
        201(a).''.

SEC. 8. TRANSFER OF FUNCTIONS TO SECRETARY OF THE ENVIRONMENT.

    (a) Transfers.--There are transferred to the Secretary of the 
Environment--
            (1) the functions of the Council on Environmental Quality 
        under paragraphs (2), (5), (6), and (7) of section 204 of the 
        National Environmental Policy Act of 1969, as in effect on the 
        day before the date of the enactment of this Act; and
            (2) the functions of the Chairman of the Council on 
        Environmental Quality (as Director of the Office of 
        Environmental Quality) under paragraphs (3), (4), (6), and (7) 
        of section 203(d) of the Environmental Quality Improvement Act 
        of 1970, as in effect on the day before the date of the 
        enactment of this Act.
    (b) Construction.--The functions transferred to the Secretary of 
the Environment by this section or pursuant to any executive order 
issued pursuant to amendments made by this Act shall not be construed 
by anyone to affect, alter, change, or amend any other law or 
regulation administered by the Secretary or his or her delegate.
    (c) Accountability.--The Secretary of the Environment shall be 
accountable to the appropriate committees of the Senate and House of 
Representatives for all functions described in subsection (b).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary such sums as may be necessary 
specifically to carry out the functions described in subsection (b) 
effectively and in a timely manner.

SEC. 9. TERMINATION OF COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF 
              ENVIRONMENTAL QUALITY.

    (a) Termination.--The Council on Environmental Quality and the 
Office of Environmental Quality are terminated.
    (b) References.--Reference to the Council on Environmental Quality, 
the Office of Environmental Quality, or any officer or employee of that 
council or that office in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or in any document of or 
relating to the Council on Environmental Quality--
            (1) with respect to functions that were vested in that 
        council or office on the day before the date of the enactment 
        of this Act and are vested in the Director of the Office of 
        National Environmental Policy Act Compliance Office by section 
        202 of the National Environmental Policy Act of 1969, as 
        amended by section 2 of this Act, is deemed to refer to the 
        Director of the Office of National Environmental Policy Act 
        Compliance or to such other official to whom such a function is 
        transferred in accordance with section 202(c)(2) or (d)(2) of 
        that Act, as appropriate; or
            (2) with regard to disputes, disagreements, and matters 
        described in sections 202(a)(2) and 203 of that Act, as amended 
        by section 2 of this Act, is deemed to refer to the Director of 
        the Office of National Environmental Policy Act Compliance or 
        to that office, as appropriate.
    (c) Savings Provisions.--
            (1) Continuation of orders, etc.--All orders, 
        determinations, rules, regulations, agreements, grants, 
        contracts, privileges, and other administrative actions--
                    (A) which have been issued, made, granted, or 
                allowed to become effective by the President, the 
                Council on Environmental Quality, or the Office of 
                Environmental Quality, in the performance of functions 
                of the Council on Environmental Quality or the Office 
                of Environmental Quality, or by a court of competent 
                jurisdiction with respect to those functions, and
                    (B) which are in effect on the date of the 
                enactment of this Act, or were final before that date 
                of enactment and are to become effective on or after 
                that date of enactment,
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, the Director of the 
        Office of National Environmental Policy Act Compliance, any 
        other authorized official, a court of competent jurisdiction, 
        or operation of law.
            (2) Continuation of proceedings and applications.--The 
        provisions of this Act shall not affect any proceedings pending 
        before the Council on Environmental Quality on the date of the 
        enactment of this Act, but such proceedings shall be continued. 
        Orders shall be issued in such proceedings, appeals shall be 
        taken therefrom, and payments shall be made pursuant to such 
        orders, as if this Act had not been enacted, and orders issued 
        in any such proceedings shall continue in effect until 
        modified, terminated, superseded, or revoked by a duly 
        authorized official, by a court of competent jurisdiction, or 
        by operation of law. Nothing in this paragraph shall be 
        considered to prohibit the discontinuance or modification of 
        any such proceeding under the same terms and conditions and to 
        the same extent that such proceeding could have been 
        discontinued or modified if this Act had not been enacted.
            (3) Suits not affected.--The provisions of this section 
        shall not affect suits commenced before the date of the 
        enactment of this Act, and in all such suits, proceedings shall 
        be had, appeals taken, and judgments rendered in the same 
        manner and with the same effect as if this Act had not been 
        enacted.
            (4) Suits involving council or office.--No suit, action, or 
        other proceeding commenced by or against the Council on 
        Environmental Quality or the Office of Environmental Quality, 
        or by or against any individual in the official capacity of 
        such individual as an officer or employee of the Council or 
        that Office, shall abate by reason of the enactment of this 
        Act.
            (5) Rulemaking.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Council on 
        Environmental Quality shall be continued by the Director of the 
        Office of National Environmental Policy Act Compliance or the 
        President with the same effect as if this Act had not been 
        enacted.
            (6) Assets and interests.--The contracts, liabilities, 
        records, property, and other assets and interests of the 
        Council on Environmental Quality and the Office of 
        Environmental Quality shall, on and after the date of the 
        enactment of this Act, be considered to be the contracts, 
        liabilities, records, property, and other assets and interests 
        of the Office of National Environmental Policy Act Compliance.
    (d) Continuing Availability of Amounts.--Amounts available to the 
Council on Environmental Quality on the date of the enactment of this 
Act shall be available for use by the Director of the Office of 
National Environmental Policy Act Compliance.

SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.

    The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) is amended--
            (1) in section 2 (42 U.S.C. 4321)--
                    (A) by inserting ``and'' after ``man;''; and
                    (B) by striking ``Nation;'' and all that follows 
                through the end of the section and inserting 
                ``Nation.'';
            (2) by striking ``Council on Environmental Quality'' each 
        place that term appears and inserting ``Director'';
            (3) in section 102(2)(B) (42 U.S.C. 4332(2)(B)) by striking 
        ``established by title II of this Act'';
            (4) in section 102(2)(G) (42 U.S.C. 4332(2)(G)) by 
        inserting ``and'' after the semicolon;
            (5) in section 102(2)(H) (42 U.S.C. 4332(2)(H)) by striking 
        ``; and'' and inserting a period;
            (6) by striking section 102(2)(I) (42 U.S.C. 4332(2)(I));
            (7) in section 205(1) (42 U.S.C. 4345(1)) by striking ``the 
        Citizen's'' and all that follows through ``and with''; and
            (8) in section 205(2) (42 U.S.C. 4345(2)) by striking ``the 
        Council's'' and inserting ``the Office's''.

                                 

HR 3484 IH----2

SOLUTION: National Environmental Policy Act Administrative Reorganization Amendments of 1993 - Amends the National Environmental Policy Act of 1969 (the Act) to replace provisions regarding the Council on Environmental Quality with those establishing an Office of National Environmental Policy (NEPA) Compliance in the Executive Office of the President.  Requires the Office to be headed by a Director appointed by the President. 
Requires the Director to:  (1) promulgate regulations governing the implementation of the Act by all Federal agencies; (2) mediate interagency disputes; (3) monitor Federal agency implementation of the Act and regulations; and (4) perform other functions related to environmental laws, policies, and programs as specified by the President. 
Amends the Environmental Quality Improvement Act of 1970 to remove provisions regarding the Office of Environmental Quality. 
Authorizes appropriations for the Office of NEPA Compliance. 
Transfers certain duties of the Council, including making an annual report on the state of the environment, to the Secretary of the Environment.  Authorizes appropriations. 
Terminates the Council and the Office of Environmental Quality and transfers functions to the Office of NEPA Compliance.  Makes existing Council funds available for the Director.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Children Learn Act''.

SEC. 2. ASTHMA, VISION, AND HEARING SCREENING FOR EARLY HEAD START AND 
              HEAD START PROGRAMS.

    (a) Early Head Start Programs.--Section 645A of the Head Start Act 
(42 U.S.C. 9840a) is amended by adding at the end the following:
    ``(h) Asthma, Vision, and Hearing Screening.--
            ``(1) In general.--An entity that receives assistance under 
        this section may carry out a program under which the entity--
                    ``(A) determines whether a child eligible to 
                participate in the program described in subsection 
                (a)(1) has received each of an asthma, vision, and 
                hearing screening test using a test that is appropriate 
                for age and risk factors on the enrollment of the child 
                in the program; and
                    ``(B) in the case of a child who has not received 
                each of an asthma, and vision, and hearing screening 
                test, ensures that the enrolled child receives such a 
                test either by referral or by performing the test 
                (under contract or otherwise).
            ``(2) Reimbursement.--
                    ``(A) In general.--On the request of an entity that 
                performs or arranges for the performance of an asthma, 
                vision, or hearing screening test under paragraph (1) 
                on a child who is eligible for or receiving medical 
                assistance under a State plan under title XIX of the 
                Social Security Act (42 U.S.C. 1396 et seq.), the 
                Secretary of Health and Human Services, notwithstanding 
                any other provision of, or limitation under, title XIX 
                of the Social Security Act, shall reimburse the entity, 
                from funds that are made available under that title, 
                for 100 percent of the cost of the test and data 
                reporting.
                    ``(B) Costs.--The costs of a test conducted under 
                this subsection--
                            ``(i) shall include reimbursement for 
                        testing devices and associated supplies 
                        approved for sale by the Food and Drug 
                        Administration and used in compliance with 
                        section 353 of the Public Health Service Act 
                        (42 U.S.C. 263a); and
                            ``(ii) shall include reimbursement for 
                        administering the tests and related services, 
                        as determined appropriate by the State agency.
            ``(3) Head start.--This subsection shall apply to Head 
        Start programs that include coverage, directly or indirectly, 
        for infants and toddlers under the age of 3 years.''.
    (b) Head Start Programs.--Section 642(b) of the Head Start Act (42 
U.S.C. 9837(b)) is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) in paragraph (11), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(12) with respect to an agency that elects to carry out a 
        program under section 645(h), comply with the requirements of 
        such section 645A(h) in the case of each child eligible to 
        participate in the Head Start program to be carried out by the 
        agency.''.

SEC. 3. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR 
              CHILDREN ENROLLED IN PUBLIC SCHOOLS.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by adding at the end the following:

``SEC. 320B. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR 
              CHILDREN ENROLLED IN PUBLIC SCHOOLS.

    ``(a) Grants.--The Secretary shall award grants to eligible local 
educational agencies to enable such agencies to carry out asthma, 
vision, hearing, or other health screening and case management programs 
determined appropriate by the Secretary in accordance with the program 
elements described in subsection (d).
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a local educational agency shall prepare and submit to 
the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require.
    ``(c) Preference.--In awarding grants under this section, the 
Secretary shall give preference to local educational agencies serving 
schools that are located in areas with a high incidence of childhood 
asthma or a high death rate associated with childhood asthma.
    ``(d) Program Elements.--
            ``(1) Asthma.--Under an asthma program operated under a 
        grant under this section, a local educational agency shall--
                    ``(A) determine whether a child enrolled in a 
                school in which the program is in effect has received 
                an asthma screening test using a test that is 
                appropriate for age and risk factors on the enrollment 
                of the child in the school;
                    ``(B) in the case of a child who has not received 
                an asthma screening test, ensure that the child 
                receives such a test either by referral or by 
                performing the test (under contract or otherwise); and
                    ``(C) in the case of a child determined to have 
                asthma, provide treatment or refer the child for 
                treatment (including case management) and education in 
                the management of asthma.
            ``(2) Vision and hearing.--Under a vision and hearing 
        program operated under a grant under this section, a local 
        educational agency shall--
                    ``(A) elect to provide vision and hearing screening 
                tests--
                            ``(i) to all children enrolled in a school 
                        who are most likely to suffer from vision or 
                        hearing loss; or
                            ``(ii) to all children enrolled in a 
                        school;
                    ``(B) ensure that the category of children elected 
                under subparagraph (A) receive such tests, either by 
                referral or by performing the test (under contract or 
                otherwise), that are appropriate for the age and risk 
                factors of the children, based on the enrollment of the 
                children in the school; and
                    ``(C) in the case of any child determined to have a 
                vision or hearing impairment, provide the child with 
                such eyewear and hearing aids as are appropriate to 
                correct the child's vision or hearing, to the extent 
                that such correction is feasible.
            ``(3) Other health screening programs.--The Secretary shall 
        determine the program elements that shall be applicable to 
        other health screening programs operated under a grant under 
        this section.
    ``(e) Reimbursement.--
            ``(1) Children enrolled in or eligible for medicaid.--
                    ``(A) In general.--With respect to a child who is 
                eligible for or receiving medical assistance under a 
                State plan under title XIX of the Social Security Act 
                (42 U.S.C. 1396 et seq.) and who receives, or is 
                provided, a test, treatment, education, corrective 
                eyewear, or hearing aid under a program established 
                under subsection (a), the Secretary, notwithstanding 
                any other provision of, or limitation under, such title 
                XIX, including the payment limitation commonly known as 
                the `free care rule', shall reimburse the local 
                educational agency administering such program from 
                funds that are made available under such title XIX for 
                100 percent of the cost of the performance, 
                arrangement, or provision and data reporting.
                    ``(B) Costs.--The costs of a test conducted under 
                this section shall include reimbursement for--
                            ``(i) testing devices and associated 
                        supplies approved for sale by the Food and Drug 
                        Administration and used in compliance with 
                        section 353; and
                            ``(ii) administering the tests and related 
                        services, as determined appropriate by the 
                        State agency responsible for the administration 
                        of title XIX of the Social Security Act (42 
                        U.S.C. 1396 et seq.).
            ``(2) Children enrolled in or eligible for schip.--
                    ``(A) In general.--With respect to a child who is 
                eligible for or receiving child health assistance under 
                a State plan under title XXI of the Social Security Act 
                (42 U.S.C. 1397aa et seq.) and who receives, or is 
                provided, a test, treatment, education, corrective 
                eyewear, or hearing aid under a program established 
                under subsection (a), the Secretary, notwithstanding 
                any other provision of, or limitation under, such title 
                XXI, or any other provision of law (including the 
                payment limitation under title XIX commonly known as 
                the `free care rule' to the extent, if any, such 
                limitation applies to the State children's health 
                insurance program established under title XXI of that 
                Act), shall reimburse the local educational agency 
                administering such program from funds that are made 
                available under such title XXI for 100 percent of the 
                cost of the performance, arrangement, or provision and 
                data reporting.
                    ``(B) Costs.--The costs shall include the costs 
                described in paragraph (1)(B).
    ``(f) Definitions.--In this section, the terms `local educational 
agency' and `elementary and secondary school' shall have the meanings 
given such terms in section 14101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 8801).
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section with respect to a child, and any 
data reporting with respect to the child, who is not eligible for 
coverage under title XIX or XXI of the Social Security Act, or is not 
otherwise covered under a health insurance plan--
            ``(1) $10,000,000 for each of fiscal years 2002 through 
        2007 to carry out asthma programs;
            ``(2) $10,000,000 for each of fiscal years 2002 through 
        2007 to carry out vision and hearing programs; and
            ``(3) such sums as may be necessary for each of fiscal 
        years 2002 through 2007 to carry out other health screening 
        programs.
    ``(h) Evaluations.--Not later than 4 years after the date of 
enactment of this section, the Secretary shall prepare and submit to 
the appropriate committees of Congress a report containing data related 
to whether grants provided under this section have ensured that 
children at the highest risk for asthma, vision, hearing, and other 
health problems are identified and treated.''.

SEC. 4. PAYMENTS FOR SCREENING AND TREATMENT PROVIDED TO CHILDREN 
              ELIGIBLE UNDER MEDICAID OR SCHIP.

    (a) Medicaid.--Section 1903(c) of the Social Security Act (42 
U.S.C. 1396b(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(2) Nothing in this title or any other provision of law, 
including the payment limitation commonly known as the `free care 
rule', shall be construed as prohibiting or restricting, or authorizing 
the Secretary to prohibit or restrict, payment under subsection (a) for 
medical assistance for covered services furnished to a child who is 
eligible for or receiving medical assistance under the State plan and 
who receives an asthma, vision, hearing, or other health screening 
test, or is provided treatment, education in disease management, 
corrective eyewear, or hearing aids, through a public elementary or 
secondary school, whether directly or indirectly, and regardless of 
whether the school participates in a program established under 
subsection (a) or (b) of section 1120C of the Elementary and Secondary 
Education Act of 1965.''.
    (b) SCHIP.--Section 2105 of the Social Security Act (42 
U.S.C.1397ee) is amended by adding at the end the following:
    ``(g) Required Payment for Certain School-Based Services.--Nothing 
in this title or any other provision of law (including the payment 
limitation under title XIX commonly known as the `free care rule' to 
the extent, if any, such limitation applies to the program established 
under this title), shall be construed as prohibiting or restricting, or 
authorizing the Secretary to prohibit or restrict, payment under 
subsection (a) for child health assistance for covered services 
furnished to a child who is eligible for or receiving such assistance 
under the State plan and who receives an asthma, vision, or hearing 
screening test, or other health screening test that is available to 
children receiving assistance under the State plan, or is provided 
treatment, education in disease management, corrective eyewear, or 
hearing aids through a public elementary or secondary school, whether 
directly or indirectly, and regardless of whether the school 
participates in a program established under subsection (a) or (b) of 
section 1120C of the Elementary and Secondary Education Act of 1965.''.

SOLUTION:
Healthy Children Learn Act - Amends the Head Start Act to authorize early Head Start and Head Start programs to carry out asthma, vision, and hearing screening programs.Amends the Public Health Service Act to direct the Secretary Of Health and Human Services to award grants to local educational agencies for asthma, vision, hearing, and other health screening programs for public school children.Amends the Social Security Act to state that nothing under such Act or other law shall be construed as prohibiting or restricting Medicaid or school-based assistance for children receiving asthma, vision, hearing, or other health screening tests.