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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Consumer Lending Education And
Reform Act'' and the ''C.L.E.A.R. Act''.

SEC. 2. PROTECTIONS FOR CONSUMERS.

(a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C.
1631 et seq.) is amended by inserting after section 129A the following
new section:
''Sec. 129B Protections for consumers
''(a) Definitions.--For purposes of this section, the following
definitions shall apply:
''(1) Affiliate.--The term 'affiliate' has the same meaning
as in section 129(k).
''(2) Electronic signature.--The term 'electronic
signature' means a signatures in digital or other electronic
form that meets the validity requirements of the Electronic
Signatures in Global and National Commerce Act.
''(3) Extended payment plan.--The term 'extended payment
plan' means an amendment to the payday loan that is signed in
person or electronically by both the consumer and the creditor
reflecting an agreement that the consumer pay the outstanding
balance on a payday loan in 4 equal payments, where the period
between each payment may not be less than the duration of the
original payday loan.
''(4) Home state.--
''(A) In general.--The term 'home State' means,
with respect to any creditor or any affiliate of a
creditor, the State in which the primary home office of
the creditor or any affiliate of the creditor is
located.
''(B) Home office.--The term 'home office' means
the office that houses a majority of the applicable
party's day-to-day management and administrative
support functions.
''(5) Interest and fees.--
''(A) In general.--Except as provided in
subparagraph (B), the term 'interest and fees' includes
any charge payable directly or indirectly by the
consumer and imposed directly or indirectly by the
creditor as an incident to or a condition of the
extension of credit.
''(B) Charges not included.--The term 'interest and
fees' does not include--
''(i) any charge for a default,
delinquency, or similar occurrence; or
''(ii) any charge imposed when, if for any
reason, funds are not made available to pay an
item or authorization delivered to the creditor
in the manner described in subparagraph (A) or
(B) of paragraph (1) to the extent that--
''(I) the charge does not exceed
the greater of $25 or the amount
charged to the creditor by the
creditor's financial institution; and
''(II) the charge is only imposed
once per each item or authorization
regardless of whether the item or
authorization is presented for payment
more than once.
''(6) Loan store.--The term 'loan store' means each
location operated by a creditor at which applications for
payday loans are received or the proceeds of payday loans are
disbursed.
''(7) Payday loan; loan.--The terms 'payday loan' and
'loan' mean a closed-end credit transaction, evidenced by a
loan agreement signed by the creditor and the consumer, in
person or electronically, unsecured by any interest in the
consumer's tangible personal property with a term of at least 7
and not more than 90 days in which the amount financed does not
exceed $2,000 with a finance charge exceeding an annual
percentage rate of 36 percent, and the consumer--
''(A) receives funds from and incurs interest or a
fee payable to a creditor, and contemporaneously with
the receipt of funds, provides a check or other payment
instrument to the creditor who agrees with the consumer
not to deposit or present the check or payment
instrument for more than 1 day; or
''(B) receives funds from and incurs interest or a
fee payable to a creditor, and contemporaneously with
the receipt of funds, authorized the creditor to
initiate a debt or debits to the consumer's deposit
account (by electronic fund transfer or remotely
created check) after 1 or more days.
''(8) Payday lender.--The term 'payday lender' means any
creditor with respect to a payday loan.
''(9) Refinancing.--The term 'refinancing' means the use of
the proceeds of 1 payday loan obtained from a creditor to pay
off any amount due to that creditor.
''(b) Protections for Consumers.--
''(1) Interest and fee cap.--A payday lender may not--
''(A) require a consumer to pay--
''(i) in the case of any original payday
loan, interest and other fees and charges that
total more than 15 cents for every dollar
loaned; and
''(ii) in the case of an original payday
loan originated over the Internet, an
additional origination fee in excess of 5
percent of the original principal loan amount;
''(B) require a consumer to pay interest and fees
that, combined, total more than--
''(i) in the case of the 1st refinancing of
an outstanding payday loan, 15 cents for every
dollar of the outstanding original principal
loan amount; and
''(ii) in the case of the 2nd refinancing
of an outstanding payday loan, 10 cents for
every dollar of the outstanding original
principal loan amount; or
''(C) require a consumer to pay an origination fee
for a payday loan that is refinanced.
''(2) Mandatory disclosures.--A payday lender may not make
or refinance a payday loan unless the creditor has first
provided the consumer with a copy of a written loan agreement,
which shall be signed by the creditor and by the consumer and
shall include the following information in English and in the
language in which the loan was negotiated:
''(A) A clear and conspicuous description of the
terms of the loan, including the total cost of all fees
and other charges in connection with the loan stated as
a dollar amount, and the consumer's payment obligations
under the loan.
''(B) The name, address and telephone number of the
creditor making the loan, and the name of title of the
individual employee of the creditor who signs the loan
agreement on behalf of the creditor.
''(C) The following statements, in at least 14-
point bold face type:
''(i) Warning.--This loan is not intended
to meet long-term financial needs. This loan
should be used only to meet short-term cash
needs.
''(ii) Credit counseling availability.--You
should consider contacting an independent,
nonprofit credit counseling agency approved by
the National Foundation for Credit Counseling
(NFCC) or by a State or Federal Government
agency. You may obtain information on how to
contact an approved counselor near you by
calling the National Foundation for Credit
Counseling at 1-800-388-2227.
''(iii) No criminal prosecution or security
interest.--You cannot be prosecuted in criminal
court to collect this loan, and the creditor
may not take or attempt to take an interest in
any of your personal property to secure his
loan.
''(3) Additional public disclosures.--A payday lender may
not make or refinance a payday loan to any consumer unless the
following notices are posted conspicuously in English and
Spanish and in not less than 1-inch bold print in the
creditor's public lending area in each loan store, or, if the
loan is made using the Internet, fax or other means, are posted
conspicuously on the creditor's public internet site relating
to any such payday loan:
''(A) Warning.--This loan is not intended to meet
long-term financial needs. This loan should be used
only to meet short-term cash needs.
''(B) Credit counseling availability.--You should
consider contacting an independent, nonprofit credit
counseling agency approved by the National Foundation
for Credit Counseling (NFCC) or by a State or Federal
Government agency. You may obtain information on how to
contact an approved counselor near you by calling the
National Foundation for Credit Counseling at 1-800-388-
2227.
''(C) No criminal prosecution or security
interest.--You cannot be prosecuted in criminal court
to collect this loan, and the creditor may not take or
attempt to take an interest in any of your personal
property to secure his loan.
''(4) Creditor surety bond requirements.--
''(A) In general.--A payday lender may not make or
refinance a payday loan unless the creditor has
obtained and filed, in accordance with subparagraph
(B), a surety bond in the following amount:
''(i) A surety bond in the amount of
$100,000 for each loan store operated by the
creditor, if the creditor operates fewer than
10 loan stores and does not offer any payday
loans over the Internet.
''(ii) A surety bond in the amount of
$1,000,000, if the creditor operates 10 or more
loan stores or offers loans over the Internet.
''(iii) Such greater amount as may be
required by applicable State law.
''(B) Bond requirements.--The surety bond obtained
by a payday lender to meet the requirements of
subparagraph (A) shall be filed with, and for the
benefit of, the State attorney general in the
creditor's home state.
''(C) Aggregation of lender and affiliate under
certain circumstances.--For purposes of this paragraph,
a creditor and each affiliate of a creditor which has
the same home State as the creditor may aggregate the
loan stores operated by such creditor and any such
affiliate for purposes of determining the amount of the
surety bond required to be filed under subparagraph
(A).
''(5) Extended payment plan.--
''(A) In general.--A payday lender may not make or
refinance a payday loan unless the terms of the loan
require the creditor, upon receiving notice from the
consumer of an inability to repay prior to close of
business on the last business day before the original
due date of the loan, provides the consumer with notice
of and the right to opt into an extended payment plan,
without charge, 1 time in any 12 month period.
''(B) Limitation during extended payment plan.--A
creditor may not engage in any collection activity (or
procure the services of any other for such purpose)
during the term of any extended payment plan.
''(6) Refinancing.--A payday lender may not--
''(A) refinance a payday loan for less than 7 days;
''(B) refinance a payday loan more than 2
consecutive times; refinance a payday loan without
terminating the previous agreement and entering into a
new agreement that the creditor and consumer each sign
in person or with an electronic signature; or
''(C) require a consumer to pay interest and fees
in connection with a refinancing that, combined, total
more than the amount permitted under paragraph
(1)(B).''.
(b) Technical and Conforming Amendments.--
(1) Disclosures.--Section 128(a)(4) of the Truth in Lending
Act (U.S.C. 1638(a)(4)) is amended--
(A) by striking ''or'' after ''does not exceed
$5,'' and
(B) by inserting '', or if the loan is subject to
section 129B''.
(2) Effect on other laws.--Section 111 of the Truth in
Lending Act (U.S.C. 1610) is amended--
(A) in subsection (b), by inserting ''subsection
(f) of this section and'' after ''Except as provided
in''; and
(B) by adding at the end the following new
subsection:
''(f) Payday Loans.--
''(1) In general.--The following provisions of the law of
any State shall not apply to any payday loan, or any
refinancing of a payday loan, that is subject to section 129B:
''(A) Any provision requiring minimum loan terms.
''(B) Any provision prohibiting, defining or
limiting any refinancing.
''(C) Any provision prohibiting or limiting the use
of a check or debit authorization to originate a payday
loan.
''(D) Any provision prohibiting or mandating
extended payment plans.
''(E) Any provision limiting the rate or amount of
interest and fees or default, delinquency or not
sufficient fund fees or other charges which may be
taken, received or reserved by creditors for payday
loans or any refinancing of a payday loan.
''(2) Enforcement.--Notwithstanding paragraph (1), any
State may employ or establish State laws for the purpose of
enforcing the requirements of section 129B.''.
(c) Clerical Amendment.--The table of sections for chapter 2 of the
Truth in Lending Act is amended by inserting after the item relating to
section 129 the following new items:

''129A. Fiduciary duty of servicers of pooled residential mortgages.
''129B. Protections for consumers.''.
Consumer Lending Education And Reform Act or the C.L.E.A.R. Act - Amends the Truth in Lending Act to limit the interest, fees and charges that a payday lender may require a consumer to pay with respect to an original payday loan and a refinanced payday loan.

Prohibits a payday lender from: (1) requiring a consumer to pay an origination fee for a payday loan that is refinanced; or (2) making or refinancing a payday loan unless the creditor has first provided the consumer with a copy of a written loan agreement, signed by the creditor and by the consumer, which includes specified information in English and in the language in which the loan was negotiated.

Requires a payday lender to file a surety bond.

Prohibits a payday lender from making or refinancing a payday loan unless the terms of the loan require the creditor, upon receiving notice of consumer's inability to repay, to provide the consumer with notice of and the right to opt into an extended payment plan, without charge, one time in any 12-month period.

Prohibits a creditor from engaging in any collection activity (or procuring the services of any other for such purpose) during the term of any extended payment plan.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Children's Health Insurance for
Long-Term Development Act of 1996''.

SEC. 2. PURPOSE.

The purpose of this act is to provide health insurance coverage for
children during the Infant Neurological Risk Exposure Period (INREP).
The INREP extends through age 3 and encompasses the period of most
rapid neurological changes in young children. Health coverage will
improve children's health and, through routine health supervision,
promote parents' caregiving skills through these critical years.

SEC. 3. FINDINGS.

Congress finds that--
(1) 86 percent of children with private health insurance
are under-insured with respect to well-child care;
(2) because the human brain develops rapidly until the age
of 3, children need regular screenings and follow-up care to
detect neurological abnormalities and ensure normal
development;
(3) regular pediatric visits enable physicians to provide
guidance on parental activities, such as reading, that
stimulate the brain development of infants; and
(4) children deserve health care coverage that promotes
normal brain and nervous system development.

SEC. 4. DEFINITIONS.

As used in this Act:
(1) Beneficiary.--The term ''beneficiary'' has the meaning
given such term under section 3(8) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(8)).
(2) Child.--The term ''child'' means an individual who is
age 3 or younger.
(3) Employee health benefit plan.--
(A) In general.--The term ''employee health benefit
plan'' means any employee welfare benefit plan,
governmental plan, or church plan (as defined under paragraphs (1),
(32), and (33) of section 3 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))) that provides or pays
for health benefits (such as provider and hospital benefits) for
participants and beneficiaries whether--
(i) directly;
(ii) through a health plan offered by a
health plan issuer as defined in paragraph (6);
or
(iii) otherwise.
(B) Rule of construction.--An employee health
benefit plan shall not be construed to be a health plan
or a health plan issuer.
(C) Arrangements not included.--Such term does not
include the following, or any combination thereof:
(i) Coverage only for accident, or
disability income insurance, or any combination
thereof.
(ii) Medicare supplemental health insurance
(as defined under section 1882(g)(1) of the
Social Security Act (42 U.S.C. 1395ss(g)(1))).
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers' compensation or similar
insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-
only insurance.
(xi) A health insurance policy providing
benefits only for long-term care, nursing home
care, home health care, community-based care, or any combination
thereof.
(4) Group purchaser.--The term ''group purchaser'' means
any person (as defined in section 3(9) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(9))) or
entity that purchases or pays for health benefits (such as
provider or hospital benefits) on behalf of participants or
beneficiaries in connection with an employee health benefit
plan.
(5) Health plan.--
(A) In general.--The term ''health plan'' means any
group health plan or individual health plan.
(B) Group health plan.--The term ''group health
plan'' means any contract, policy, certificate, or
other arrangement offered by a health plan issuer to a
group purchaser that provides or pays for health
benefits (such as provider and hospital benefits) in
connection with an employee health benefit plan.
(C) Individual health plan.--The term ''individual
health plan'' means any contract, policy, certificate,
or other arrangement offered by a health plan issuer to
individuals that provides or pays for health benefits
(such as provider and hospital benefits) and that is
not a group health plan.
(D) Arrangements not included.--Such term does not
include the following, or any combination thereof:
(i) Coverage only for accident, or
disability income insurance, or any combination
thereof.
(ii) Medicare supplemental health insurance
(as defined under section 1882(g)(1) of the
Social Security Act).
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers' compensation or similar
insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-
only insurance.
(xi) A health insurance policy providing
benefits only for long-term care, nursing home
care, home health care, community-based care,
or any combination thereof.
(E) Certain plans included.--Such term includes any
plan or arrangement not described in any clause of
subparagraph (D) that provides for benefit payments, on
a periodic basis, for--
(i) a specified disease or illness; or
(ii) a period of hospitalization;
without regard to the costs incurred or services
rendered during the period to which the payments
relate.
(6) Health plan issuer.--The term ''health plan issuer''
means any entity that is licensed (prior to or after the date
of enactment of this Act) by a State to offer a health plan.
(7) Participant.--The term ''participant'' has the meaning
given such term under section 3(7) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(7)).
(8) Secretary.--The term ''Secretary'' unless otherwise
specified means the Secretary of Labor.

SEC. 5. REQUIRED HEALTH CARE COVERAGE FOR CHILDREN.

(a) In General.--Except as provided in subsection (b), a health
plan or an employee health benefit plan shall ensure that coverage is
provided with respect to a child who is a beneficiary under such plan
for all medically necessary health care and related services,
including--
(1) appropriate screening services at intervals that meet
reasonable standards of medical and dental practice;
(2) all appropriate immunizations;
(3) necessary case management, transportation, and
scheduling assistance; and
(4) such other necessary health care, diagnostic services,
treatment, and other measures to correct or ameliorate defects
and physical and mental illnesses and conditions discovered by
the screening services, whether or not such services are
covered for participants or policyholders under the plan.
(b) Exception.--Notwithstanding subsection (a), a health plan or an
employee health benefit plan shall not be required to provide coverage
for health care and related services that are not safe, are not
effective, or are experimental.

SEC. 6. PROHIBITIONS.

In implementing the requirements of this Act, a health plan or an
employee health benefit plan may not use a service limitation,
including a lifetime benefit limit, of the plan to deny medically
necessary health care and related services described in section 4 to a
child.

SEC. 7. NOTICE.

(a) Employee Health Benefit Plan.--An employee health benefit plan
shall provide conspicuous notice to each participant regarding coverage
required under this Act not later than 120 days after the date of
enactment of this Act, and as part of its summary plan description.
(b) Health Plan.--A health plan shall provide notice to each
policyholder regarding coverage required under this Act. Such notice
shall be in writing, prominently positioned, and be transmitted--
(1) in a mailing made within 120 days after the date of
enactment of this Act by such plan to the policyholder; and
(2) as part of the annual informational packet sent to the
policyholder.

SEC. 8. APPLICABILITY.

(a) Construction.--
(1) In general.--A requirement or standard imposed under
this Act on a health plan shall be deemed to be a requirement
or standard imposed on the health plan issuer. Such
requirements or standards shall be enforced by the State
insurance commissioner for the State involved or the official
or officials designated by the State to enforce the
requirements of this Act. In the case of a health plan offered
by a health plan issuer in connection with an employee health
benefit plan, the requirements or standards imposed under this
Act shall be enforced with respect to the health plan issuer by
the State insurance commissioner for the State involved or the
official or officials designated by the State to enforce the
requirements of this Act.
(2) Limitation.--Except as provided in section 8(c), the
Secretary shall not enforce the requirements or standards of
this Act as they relate to health plan issuers or health plans.
In no case shall a State enforce the requirements or standards
of this Act as they relate to employee health benefit plans.
(b) Rule of Construction.--Nothing in this Act shall be construed
to affect or modify the provisions of section 514 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1144).

SEC. 9. ENFORCEMENT.

(a) Health Plan Issuers.--Each State shall require that each health
plan issued, sold, renewed, offered for sale or operated in such State
by a health plan issuer meet the standards established under this Act.
A State shall submit such information as required by the Secretary
demonstrating effective implementation of the requirements of this Act.
(b) Employee Health Benefit Plans.--With respect to employee health
benefit plans, the standards established under this Act shall be
enforced in the same manner as provided for under sections 502, 504,
506, and 510 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in
paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c)
(1) and (2)) shall apply to any information required by the Secretary
to be disclosed and reported under this section.
(c) Failure To Enforce.--In the case of the failure of a State to
substantially enforce the standards and requirements set forth in this
Act with respect to health plans, the Secretary, in consultation with
the Secretary of Health and Human Services, shall enforce the standards
of this Act in such State. In the case of a State that fails to
substantially enforce the standards set forth in this Act, each health
plan issuer operating in such State shall be subject to civil
enforcement as provided for under sections 502, 504, 506, and 510 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132,
1134, 1136, and 1140). The civil penalties contained in paragraphs (1)
and (2) of section 502(c) of such Act (29 U.S.C. 1132(c)(1) and (2))
shall apply to any information required by the Secretary to be
disclosed and reported under this section.
(d) Regulations.--The Secretary, in consultation with the Secretary
of Health and Human Services, may promulgate such regulations as may be
necessary or appropriate to carry out this Act.

SEC. 10. PREEMPTION.

(a) In General.--The provisions of sections 4, 5, and 6 shall not
preempt a State law or regulation--
(1) that provides greater protections to patients or
policyholders than those required in this Act; or
(2) that requires health plans to provide coverage for
pediatric care in accordance with guidelines established by the
American Academy of Pediatrics or other established
professional medical associations.
(b) Employee Health Benefit Plans.--Nothing in this section affects
the application of this Act to employee health benefit plans, as
defined in section 2(3).

SEC. 11. EFFECTIVE DATE.

Except as otherwise provided for in this Act, the provisions of
this Act shall apply as follows:
(1) With respect to health plans, such provisions shall
apply to such plans on the first day of the contract year
beginning on or after June 1, 1997.
(2) With respect to employee health benefit plans, such
provisions shall apply to such plans on the first day of the
first plan year beginning on or after June 1, 1997.
Children's Health Insurance for Long-Term Development Act of 1996 - Requires health plans and employee health benefit plans to ensure coverage of all medically necessary health care and related services for children during the Infant Neurological Risk Exposure Period (INREP), which extends through age three and encompasses the period of most rapid neurological changes in young children. Prohibits health plans from using a service limitation, including a lifetime benefit limit, to deny medically necessary health care and related services to a child.
Sets forth enforcement provisions.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Poison Control Center Enhancement
and Awareness Act Amendments of 2003''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) Poison control centers are our Nation's primary defense
against injury and deaths from poisoning. Twenty-four hours a day,
the general public as well as health care practitioners contact
their local poison centers for help in diagnosing and treating
victims of poisoning and other toxic exposures.
(2) Poisoning is the third most common form of unintentional
death in the United States. In any given year, there will be
between 2,000,000 and 4,000,000 poison exposures. More than 50
percent of these exposures will involve children under the age of 6
who are exposed to toxic substances in their home. Poisoning
accounts for 285,000 hospitalizations, 1,200,000 days of acute
hospital care, and 13,000 fatalities annually.
(3) Stabilizing the funding structure and increasing
accessibility to poison control centers will promote the
utilization of poison control centers, and reduce the inappropriate
use of emergency medical services and other more costly health care
services.
(4) The tragic events of September 11, 2001, and the anthrax
cases of October 2001, have dramatically changed our Nation. During
this time period, poison centers in many areas of the country were
answering thousands of additional calls from concerned residents.
Many poison centers were relied upon as a source for accurate
medical information about the disease and the complications
resulting from prophylactic antibiotic therapy.
(5) The 2001 Presidential Task Force on Citizen Preparedness in
the War on Terrorism recommended that the Poison Control Centers be
used as a source of public information and public education
regarding potential biological, chemical, and nuclear domestic
terrorism.
(6) The increased demand placed upon poison centers to provide
emergency information in the event of a terrorist event involving a
biological, chemical, or nuclear toxin will dramatically increase
call volume.

SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.

Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.)
is amended by adding at the end the following:

''Part G--Poison Control

''SEC. 1271. MAINTENANCE OF A NATIONAL TOLL-FREE NUMBER.

''(a) In General.--The Secretary shall provide coordination and
assistance to regional poison control centers for the establishment of
a nationwide toll-free phone number to be used to access such centers.
''(b) Rule of Construction.--Nothing in this section shall be
construed as prohibiting the establishment or continued operation of
any privately funded nationwide toll-free phone number used to provide
advice and other assistance for poisonings or accidental exposures.
''(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of the
fiscal years 2000 through 2009. Funds appropriated under this
subsection shall not be used to fund any toll-free phone number
described in subsection (b).
''SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CONTROL CENTER
UTILIZATION.
''(a) In General.--The Secretary shall establish a national media
campaign to educate the public and health care providers about poison
prevention and the availability of poison control resources in local
communities and to conduct advertising campaigns concerning the
nationwide toll-free number established under section 1271.
''(b) Contract With Entity.--The Secretary may carry out subsection
(a) by entering into contracts with one or more nationally recognized
media firms for the development and distribution of monthly television,
radio, and newspaper public service announcements.
''(c) Evaluation.--The Secretary shall--
''(1) establish baseline measures and benchmarks to
quantitatively evaluate the impact of the nationwide media campaign
established under this section; and
''(2) prepare and submit to the appropriate congressional
committees an evaluation of the nationwide media campaign on an
annual basis.
''(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $600,000 for each of fiscal
years 2000 through 2005 and such sums as may be necessary for each of
fiscal years 2006 through 2009.
''SEC. 1273. MAINTENANCE OF THE POISON CONTROL CENTER GRANT PROGRAM.
''(a) Regional Poison Control Centers.--The Secretary shall award
grants to certified regional poison control centers for the purposes of
achieving the financial stability of such centers, and for preventing
and providing treatment recommendations for poisonings.
''(b) Other Improvements.--The Secretary shall also use amounts
received under this section to--
''(1) develop standardized poison prevention and poison control
promotion programs;
''(2) develop standard patient management guidelines for
commonly encountered toxic exposures;
''(3) improve and expand the poison control data collection
systems, including, at the Secretary's discretion, by assisting the
poison control centers to improve data collection activities;
''(4) improve national toxic exposure surveillance by enhancing
activities at the Centers for Disease Control and Prevention and
the Agency for Toxic Substances and Disease Registry;
''(5) expand the toxicologic expertise within poison control
centers; and
''(6) improve the capacity of poison control centers to answer
high volumes of calls during times of national crisis.
''(c) Certification.--Except as provided in subsection (d), the
Secretary may make a grant to a center under subsection (a) only if--
''(1) the center has been certified by a professional
organization in the field of poison control, and the Secretary has
approved the organization as having in effect standards for
certification that reasonably provide for the protection of the
public health with respect to poisoning; or
''(2) the center has been certified by a State government, and
the Secretary has approved the State government as having in effect
standards for certification that reasonably provide for the
protection of the public health with respect to poisoning.
''(d) Waiver of Certification Requirements.--
''(1) In general.--The Secretary may grant a waiver of the
certification requirement of subsection (c) with respect to a
noncertified poison control center or a newly established center
that applies for a grant under this section if such center can
reasonably demonstrate that the center will obtain such a
certification within a reasonable period of time as determined
appropriate by the Secretary.
''(2) Renewal.--The Secretary may renew a waiver under
paragraph (1).
''(3) Limitation.--In no instance may the sum of the number of
years for a waiver under paragraph (1) and a renewal under
paragraph (2) exceed 5 years. The preceding sentence shall take
effect as if enacted on February 25, 2000.
''(e) Supplement Not Supplant.--Amounts made available to a poison
control center under this section shall be used to supplement and not
supplant other Federal, State, or local funds provided for such center.
''(f) Maintenance of Effort.--A poison control center, in utilizing
the proceeds of a grant under this section, shall maintain the
expenditures of the center for activities of the center at a level that
is not less than the level of such expenditures maintained by the
center for the fiscal year preceding the fiscal year for which the
grant is received.
''(g) Matching Requirement.--The Secretary may impose a matching
requirement with respect to amounts provided under a grant under this
section if the Secretary determines appropriate.
''(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of the
fiscal years 2000 through 2004 and $27,500,000 for each of fiscal years
2005 through 2009.

''SEC. 1274. RULE OF CONSTRUCTION.

''Nothing in this part may be construed to ease any restriction in
Federal law applicable to the amount or percentage of funds
appropriated to carry out this part that may be used to prepare or
submit a report.''.

SEC. 4. CONFORMING AMENDMENT.

The Poison Control Center Enhancement and Awareness Act (42 U.S.C.
14801 et seq.) is hereby repealed.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Poison Control Center Enhancement and Awareness Act Amendments of 2003 - (Sec. 3) Amends the Public Health Service Act to direct the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for a nationwide toll-free phone number. Authorizes appropriations through FY 2009.

Directs the Secretary to establish a national media campaign to educate the public and health care providers about poison prevention and the availability of local poison control resources, and to conduct advertising campaigns concerning such nationwide toll-free number. Authorizes the Secretary to enter into contracts with one or more nationally recognized media firms for the development and distribution of related monthly television, radio, and newspaper public service announcements. Authorizes appropriations through FY 2009.

Directs the Secretary to award grants to certified (with a discretionary five-year maximum certification waiver) regional poison control centers for: (1) center financial stability; and (2) poison prevention and treatment. Directs the Secretary to: (1) develop standardized poison prevention and poison control promotion programs; (2) develop standard patient management guidelines for commonly encountered toxic exposures; (3) improve and expand poison control data collection systems; (4) improve national toxic exposure surveillance by enhancing activities at the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry; (5) expand toxicologic expertise within poison control centers; and (6) improve poison control center capacity to answer high call volumes during a national crisis. Authorizes appropriations through FY 2009.

(Sec. 4) Repeals the Poison Control Center Enhancement and Awareness Act.