SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Totalization Agreement Reform Act of 2007''. SEC. 2. TRANSMITTAL AND APPROVAL OF TOTALIZATION AGREEMENTS. (a) In General.--Section 233(e) of the Social Security Act (42 U.S.C. 433(e)) is amended to read as follows: ``(e) (1) Any agreement to establish a totalization arrangement which is entered into with another country under this section shall enter into force with respect to the United States if (and only if)-- ``(A) the President, at least 90 calendar days before the date on which the President enters into the agreement, notifies each House of the Congress of the President's intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register, ``(B) the President transmits the text of such agreement to each House of the Congress as provided in paragraph (2), and ``(C) an approval resolution regarding such agreement has passed both Houses of the Congress and has been enacted into law. ``(2)(A) Whenever an agreement referred to in paragraph (1) is entered into, the President shall transmit to each House of the Congress a document setting forth the final legal text of such agreement and including a report by the President in support of such agreement. The President's report shall include the following: ``(i) an estimate by the Chief Actuary of the Social Security Administration of the effect of the agreement, in the short term and in the long term, on the receipts and disbursements under the social security system established by this title; ``(ii) a statement of any administrative action proposed to implement the agreement and how such action will change or affect existing law, ``(iii) a statement describing whether and how the agreement changes provisions of an agreement previously negotiated, ``(iv) a statement describing how and to what extent the agreement makes progress in achieving the purposes, policies, and objectives of this title, ``(v) an estimate by the Chief Actuary of the Social Security Administration, working in consultation with the Comptroller General of the United States, of the numbers of individuals who may become eligible for any benefits under this title by reason of the agreement or who may otherwise be affected by the agreement, ``(vi) an assessment of the integrity of the retirement data and records (including birth, death, and marriage records) of the other country that is a party to the agreement, and ``(vii) an assessment of the ability of such other country to track and monitor recipients of benefits affected by such agreement. ``(B) If any separate agreement or other understanding with another country (whether oral or in writing) relating to an agreement to establish a totalization arrangement under this section is not disclosed to the Congress in the transmittal to the Congress under this paragraph of the agreement to establish a totalization arrangement, then such separate agreement or understanding shall not be considered to be part of the agreement approved by the Congress under this section and shall have no force and effect under United States law. ``(3) For purposes of this subsection, the term `approval resolution' means a joint resolution, the matter after the resolving clause of which is as follows: `That the proposed agreement entered into pursuant to section 233 of the Social Security Act between the United States and _______ establishing totalization arrangements between the social security system established by title II of such Act and the social security system of _______, transmitted to the Congress by the President on ______, is hereby approved.', the first two blanks therein being filled with the name of the country with which the United States entered into the agreement, and the third blank therein being filled with the date of the transmittal of the agreement to the Congress. ``(4) The succeeding paragraphs of this subsection are enacted by the Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of disapproval resolutions and approval resolutions, and they supersede other rules only to the extent that they are inconsistent therewith; and ``(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. ``(5)(A) Whenever a document setting forth an agreement entered into under this section and the President's report in support of the agreement is transmitted to the Congress pursuant to paragraph (2), copies of such document shall be delivered to both Houses of Congress on the same day and shall be delivered to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session. ``(6)(A) On the day on which a document setting forth the agreement is transmitted to the House of Representatives and the Senate pursuant to paragraph (1), an approval resolution with respect to such agreement shall be introduced (by request) in the House by the majority leader of the House, for himself or herself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself or herself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such an agreement is transmitted, the approval resolution with respect to such agreement shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. The resolution introduced in the House of Representatives shall be referred to the Committee on Ways and Means and the resolution introduced in the Senate shall be referred to the Committee on Finance. ``(B) No amendment to the approval resolution shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this clause shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this clause by unanimous consent. ``(C) If the committee of either House to which an approval resolution has been referred has not reported it at the close of the 45th day after its introduction, such committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar. A vote on final passage of the resolution shall be taken in each House on or before the close of the 15th day after the resolution is reported by the committee of that House to which it was referred, or after such committee has been discharged from further consideration of the resolution. ``(D)(i) On or after the third day after the date on which the committee to which the approval resolution is referred has reported, or has been discharged from further consideration of, such resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the respective House the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the Committee on Ways and Means. All points of order against the approval resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the approval resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. ``(ii) Debate on the approval resolution, and on all debatable motions and appeals in connection with the resolution, shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. ``(iii) Immediately following the conclusion of the debate in the respective House on the approval resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the respective House, the vote on final passage of the resolution shall occur. ``(iv) Appeals from the decisions of the Presiding Officer relating to the application of the rules of the respective House to the procedure relating to the approval resolution shall be decided without debate. ``(v) A motion to reconsider the vote by which the approval resolution is agreed to or disagreed to is not in order. ``(E) For purposes of this paragraph, in computing a number of days in either House, there shall be excluded any day on which that House is not in session. ``(7)(A) If, before the passage by one House of an approval resolution of that House, that House receives an approval resolution from the other House, then the following procedures shall apply: ``(i) The approval resolution of the other House shall not be referred to a committee and may not be considred in the House receiving it except in the case of final passage as provided in clause (ii)(II). ``(ii) With respect to an approval resolution of the House receiving the resolution-- ``(I) the procedure in that House shall be the same as if no resolution had been received from the other House, and ``(II) the vote on final passage shall be on the resolution of the other House. ``(B) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.''. (b) Additional Reports and Evaluations.--Section 233 of such Act is amended further by adding at the end the following new subsections: ``(f) Biennial SSA Report on Impact of Totalization Agreements.-- Not later than 2 years after the effective date of each totalization agreement that is transmitted to the Congress pursuant to subsection (e), and biennially thereafter, the Commissioner of Social Security shall submit to each House of the Congress and to the Comptroller General a report relating to such agreement. Such report shall-- ``(1) compare the estimates contained in the report submitted to Congress under clauses (i) and (v) of subsection (e)(2)(A) with respect to that agreement with the actual number of individuals affected by the agreement and the actual effect of the agreement on receipts and disbursements of the social security system established by this title; and ``(2) contain recommendations for adjusting the methods used to make the estimates. ``(g) GAO Evaluation and Report.-- ``(1) Evaluation of initial report on impact of totalization agreements.--With respect to each initial report regarding a totalization agreement submitted under subsection (f), the Comptroller General of the United States shall conduct an evaluation of the report that includes-- ``(A) an evaluation of the procedures used for making the estimates required by subsection (e)(2)(A); ``(B) an evaluation of the procedures used for determining the actual number of individuals affected by the agreement and the effects of the totalization agreement on receipts and disbursements under the social security system established by this title; and ``(C) such recommendations as the Comptroller General determines appropriate. ``(2) Report.--Not later than 1 year after the date of the submission of an initial report regarding a totalization agreement under subsection (f), the Comptroller General shall submit to Congress a report setting forth the results of the evaluation conducted under paragraph (1). ``(3) Data collection.--The Commissioner of Social Security shall collect and maintain the data necessary for the Comptroller General of the United States to conduct the evaluation required by paragraph (1).''. (c) Effective Date.--The amendments made by this section shall apply with respect to agreements establishing totalization arrangements entered into under section 233 of the Social Security Act with are transmitted to the Congress on or after January 1, 2007.

Summary: Social Security Totalization Agreement Reform Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that any agreement to establish a totalization arrangement which is entered into with another country shall enter into force with respect to the United States if (and only if): (1) the President, at least 90 calendar days before the date on which he enters into the agreement, notifies each House of Congress of his intention to enter into it, and promply thereafter publishes notice of such intention in the Federal Register; (2) he transmits the text of such agreement to each House of the Congress; and (3) a joint resolution regarding such agreement has passed both Houses of Congress and been enacted into federal law. Sets forth procedures for the consideration of such a joint resolution.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Medical Device Innovation Act''. SEC. 2. RECOGNITION OF STANDARDS. (a) In General.--Section 514(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d(c)) is amended-- (1) in paragraph (1), by inserting after subparagraph (B) the following new subparagraphs: ``(C)(i) Any person may submit a request for recognition under subparagraph (A) of all or part of an appropriate standard established by a nationally or internationally recognized standard organization. ``(ii) Not later than 60 calendar days after the Secretary receives such a request, the Secretary shall-- ``(I) make a determination to recognize all, part, or none of the standard that is the subject of the request; and ``(II) issue to the person who submitted such request a response in writing that states the Secretary's rationale for that determination, including the scientific, technical, regulatory, or other basis for such determination. ``(iii) The Secretary shall take such actions as may be necessary to implement all or part of a standard recognized under subclause (I) of clause (ii), in accordance with subparagraph (A). ``(D) The Secretary shall make publicly available, in such manner as the Secretary determines appropriate, the rationale for recognition of all, part, or none of a standard, including the scientific, technical, regulatory, or other basis for the decision regarding such recognition.''; and (2) by adding at the end the following: ``(4) Training on use of standards.--The Secretary shall provide to all employees of the Food and Drug Administration who review premarket submissions for devices periodic training on the concept and use of recognized standards for purposes of meeting a premarket submission requirement or other applicable requirement under this Act, including standards relevant to an employee's area of device review.''. (b) Guidance.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall review and update, if necessary, previously published guidance and standard operating procedures identifying the principles for recognizing standards, and for withdrawing the recognition of standards, under section 514(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d(c)), taking into account the experience with and reliance on a standard by foreign regulatory authorities and the device industry, and whether recognition of a standard will promote harmonization among regulatory authorities in the regulation of devices. SEC. 3. CERTAIN CLASS I AND CLASS II DEVICES. (a) Class I Devices.--Section 510(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(l)) is amended-- (1) by striking ``A report under subsection (k)'' and inserting ``(1) A report under subsection (k)''; and (2) by adding at the end the following new paragraph: ``(2) Not later than 120 calendar days after the date of enactment of the Improving Medical Device Innovation Act and at least once every 5 years thereafter, as the Secretary determines appropriate, the Secretary shall identify, through publication in the Federal Register, any type of class I device that the Secretary determines no longer requires a report under subsection (k) to provide reasonable assurance of safety and effectiveness. Upon such publication-- ``(A) each type of class I device so identified shall be exempt from the requirement for a report under subsection (k); and ``(B) the classification regulation applicable to each such type of device shall be deemed amended to incorporate such exemption.''. (b) Class II Devices.--Section 510(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(m)) is amended-- (1) by striking paragraph (1) and inserting the following new paragraph: ``(1) The Secretary shall-- ``(A) not later than 90 days after the date of enactment of the Improving Medical Device Innovation Act and at least once every 5 years thereafter, as the Secretary determines appropriate-- ``(i) publish in the Federal Register a notice that contains a list of each type of class II device that the Secretary determines no longer requires a report under subsection (k) to provide reasonable assurance of safety and effectiveness; and ``(ii) provide for a period of not less than 60 calendar days for public comment beginning on the date of the publication of such notice; and ``(B) not later than 210 calendar days after the date of enactment of the Improving Medical Device Innovation Act, publish in the Federal Register a list representing the Secretary's final determination with respect to the devices contained in the list published under subparagraph (A).''; and (2) in paragraph (2)-- (A) by striking ``1 day after the date of publication of a list under this subsection,'' and inserting ``1 calendar day after the date of publication of the final list under paragraph (1)(B),''; and (B) by striking ``30-day period'' and inserting ``60-calendar-day period''; and (C) by adding at the end the following new paragraph: ``(3) Upon the publication of the final list under paragraph (1)(B)-- ``(A) each type of class II device so listed shall be exempt from the requirement for a report under subsection (k); and ``(B) the classification regulation applicable to each such type of device shall be deemed amended to incorporate such exemption.''. SEC. 4. CLASSIFICATION PANELS. (a) Classification Panels.--Paragraph (5) of section 513(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(b)) is amended-- (1) by striking ``(5)'' and inserting ``(5)(A)''; and (2) by adding at the end the following: ``(B) When a device is specifically the subject of review by a classification panel, the Secretary shall-- ``(i) ensure that adequate expertise is represented on the classification panel to assess-- ``(I) the disease or condition which the device is intended to cure, treat, mitigate, prevent, or diagnose; and ``(II) the technology of the device; and ``(ii) provide an opportunity for the person whose device is specifically the subject of panel review to provide recommendations on the expertise needed among the voting members of the panel. ``(C) For purposes of subparagraph (B)(i), the term `adequate expertise' means that the membership of the classification panel includes-- ``(i) two or more voting members, with a specialty or other expertise clinically relevant to the device under review; and ``(ii) at least one voting member who is knowledgeable about the technology of the device. ``(D) The Secretary shall provide an annual opportunity for patients, representatives of patients, and sponsors of medical device submissions to provide recommendations for individuals with appropriate expertise to fill voting member positions on classification panels.''. (b) Panel Review Process.--Section 513(b)(6) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(b)(6)) is amended-- (1) in subparagraph (A)(iii), by inserting before the period at the end ``, including by designating a representative who will be provided a time during the panel meeting to address the panel individually (or accompanied by experts selected by such representative) for the purpose of correcting misstatements of fact or providing clarifying information, subject to the discretion of the panel chairperson''; and (2) by striking subparagraph (B) and inserting the following new subparagraph: ``(B)(i) Any meeting of a classification panel with respect to the review of a device shall-- ``(I) provide adequate time for initial presentations by the person whose device is specifically the subject of such review and by the Secretary; and ``(II) provide adequate time for and encourage free and open participation by all interested persons. ``(ii) Following the initial presentations described in clause (i), the panel may-- ``(I) pose questions to the designated representative described in subparagraph (A)(iii); and ``(II) consider the responses to such questions in the panel's review of the device.''. SEC. 5. POSTMARKET PILOT TO IMPROVE MEDICAL DEVICE REPORTING. (a) Pilot Projects.-- (1) In general.--In order to improve the value and efficiency of reporting so as to advance the objectives of section 519(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i(a)), within one year of the date of enactment of this Act, the Secretary of Health and Human Services shall establish one or more pilot projects, in coordination with device manufacturers, to explore and evaluate the use of alternative methods of compliance with such subsection for manufacturers of devices described in section 513(a)(1)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(a)(1)(C)). (2) Voluntary participation.--Participation in such pilot projects shall be voluntary for device manufacturers. The Secretary may establish the conditions for such voluntary participation and may establish a process for authorizing participation. (3) Purposes.--The pilot projects established under paragraph (1) shall be designed to-- (A) test methods of reporting for one or more device types, with priority given to devices for which device manufacturers submit a relatively high volume of reports under the regulations implementing section 519(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i(a)); (B) evaluate forms of data monitoring and reporting that improve the usability of report data by focusing on events and information that are most relevant to reasonably assuring the safety and effectiveness of the device; (C) identify methods of reporting that will be least burdensome for device manufacturers; and (D) evaluate methods that are alternative to, and do not duplicate, compliance with requirements of part 803 of title 21, Code of Federal Regulations (or successor regulations). (4) Notification to congress.--The Secretary of Health and Human Services shall notify the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives not later than 18 months after the date of enactment of this Act of the number of manufacturers that have agreed to participate in a pilot project under this subsection with the Secretary of Health and Human Services. (5) Rule of construction.--Nothing in this subsection shall limit the authority of the Secretary of Health and Human Services to provide for alternative methods of medical device reporting under part 803 of title 21, Code of Federal Regulations (or successor regulations), including such methods described in this subsection. (6) Compliance with requirements for records or reports on devices.-- (A) In general.--A device manufacturer that participates in a pilot project under this subsection shall be required to comply with all applicable provisions of section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i), and implementing regulations, except as described in subparagraph (B). (B) Conditional exemption.--The Secretary may determine that, for a specified time period to be determined by the Secretary, a manufacturer participating in a pilot project under this subsection is exempt from certain provisions of section 519(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i(a)), and implementing regulations, if such manufacturer complies with the conditions set forth in a pilot project under this subsection. (b) GAO Review.-- (1) Review of pilot projects.--The Comptroller General of the United States shall conduct a review of the pilot projects established under subsection (a), and of the reporting system under part 803 of title 21, Code of Federal Regulations (or successor regulations). (2) Report.--Not later than January 31, 2021, the Comptroller General of the United States shall submit to Congress a report containing the results of the review described in paragraph (1). Such report shall analyze the value, efficiency, and effectiveness of reporting methods under subsections (a) and (b) of section 519 of Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i) and identify any recommendations for statutory amendments that would enhance the objectives of section 519(a) of such Act.

Summary: Improving Medical Device Innovation Act This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions related to medical device performance standards, reporting requirements, and classification panels. A person may request that the Food and Drug Administration (FDA) recognize a performance standard established by a recognized standards organization as a standard to which a medical device may conform in order to meet an FDA requirement. When a request to recognize a standard is received, the FDA must determine whether to recognize all, part, or none of the standard and publish the rationale for that determination. (Currently, the FDA recognizes certain performance standards, but it is not required to respond to requests or publish rationales.) The FDA must: train employees who review premarket submissions for medical devices on recognized standards; review its published principles for recognizing standards; identify types of medical devices for which a premarket report is no longer needed to provide reasonable assurance of safety and effectiveness; ensure that adequate expertise is represented on medical device classification panels; provide an opportunity for a person whose premarket submission is subject to review by a classification panel to recommend expertise needed on the panel; and provide opportunities for patients, patient representatives, and medical device sponsors to recommend individuals for positions on classification panels. The FDA, in coordination with medical device manufacturers, must establish pilot projects to evaluate alternative methods of compliance with reporting requirements for certain medical devices. The Government Accountability Office must report on these pilot projects.


SECTION 1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION PROGRAM. Part Q of title III (42 U.S.C. 280h et seq.) is amended by inserting after section 399W the following: ``SEC. 399W-1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION PROGRAM. ``(a) Program.--The Secretary shall establish a community-based overweight and obesity prevention program consisting of awarding grants and contracts under subsection (b). ``(b) Grants.--The Secretary shall award grants to, or enter into contracts with, eligible entities-- ``(1) to plan evidence-based programs for the prevention of overweight and obesity among children and their families through improved nutrition and increased physical activity; or ``(2) to implement such programs. ``(c) Eligibility.--To be eligible for a grant or contract under subsection (b), an entity shall be a community partnership that demonstrates community support and includes-- ``(1) a broad cross section of stakeholders, such as-- ``(A) hospitals, health care systems, community health centers, or other health care providers; ``(B) universities, local educational agencies, or childcare providers; ``(C) State, local, and tribal health departments; ``(D) State, local, and tribal park and recreation departments; ``(E) employers; and ``(F) health insurance companies; ``(2) residents of the community; and ``(3) representatives of public and private entities that have a history of working within and serving the community. ``(d) Period of Awards.-- ``(1) In general.--The period of a grant or contract under this section shall be 5 years, subject to renewal under paragraph (2). ``(2) Renewal.--At the end of each fiscal year, the Secretary may renew a grant or contract award under this section only if the grant or contract recipient demonstrates to the Secretary's satisfaction that the recipient has made appropriate, measurable progress in preventing overweight and obesity. ``(e) Requirements.-- ``(1) In general.--The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the Secretary's satisfaction that-- ``(A) not later than 90 days after receiving the grant or contract, the entity will establish a steering committee to provide input on the assessment of, and recommendations on improvements to, the entity's program funded through the grant or contract; and ``(B) the entity has conducted or will conduct an assessment of the overweight and obesity problem in its community, including the extent of the problem and factors contributing to the problem. ``(2) Matching requirement.--The Secretary may award a grant or contract to an eligible entity under this section only if the entity agrees to provide, from non-Federal sources, an amount equal to $1 (in cash or in kind) for each $9 provided through the grant or contract to carry out the activities supported by the grant or contract. ``(3) Payor of last resort.--The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the satisfaction of the Secretary that funds received through the grant or contract will not be expended for any activity to the extent that payment has been made, or can reasonably be expected to be made-- ``(A) under any insurance policy; ``(B) under any Federal or State health benefits program (including titles XIX and XXI of the Social Security Act); or ``(C) by an entity which provides health services on a prepaid basis. ``(4) Maintenance of effort.--The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the satisfaction of the Secretary that-- ``(A) funds received through the grant or contract will be expended only to supplement, and not supplant, non-Federal and Federal funds otherwise available to the entity for the activities to be funded through the grant or contract; and ``(B) with respect to such activities, the entity will maintain expenditures of non-Federal amounts for such activities at a level not less than the lesser of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives the grant or contract. ``(f) Preferences.--In awarding grants and contracts under this section, the Secretary shall give preference to eligible entities that-- ``(1) will serve communities with high levels of overweight and obesity and related chronic diseases; or ``(2) will plan or implement activities for the prevention of overweight and obesity in school or workplace settings. ``(g) Report.--The Secretary shall submit to the Congress an annual report on the program of grants and contracts awarded under this section. ``(h) Definitions.--In this section: ``(1) The term `evidence-based' means that methodologically sound research has demonstrated a beneficial health effect in the judgment of the Secretary and includes the Ways to Enhance Children's Activity and Nutrition (We Can) program and curriculum of the National Institutes of Health. ``(2) The term `local educational agency' has the meaning given to the term in section 9101 of the Elementary and Secondary Education Act of 1965. ``(i) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2011 and such sums as may be necessary for each of fiscal years 2012 through 2015.''.

Summary: Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish a community-based overweight and obesity prevention program under which the Secretary shall award grants to, or enter into contracts with, eligible entities to plan and implement evidence-based programs for the prevention of overweight and obesity among children and their families through improved nutrition and increased physical activity. Sets the period of a grant or contract at five years, subject to renewal. Requires an entity, to be eligible, to be a community partnership that demonstrates community support. Authorizes the Secretary to award a grant or contract to only an entity that: (1) demonstrates that it will establish a steering committee to provide input on the assessment of, and improvements to, the entity's program and has conducted or will conduct an assessment of the overweight and obesity problem in its community; (2) agrees to provide non-federal amounts equal to $1 for each $9 provided; and (3) demonstrates that it will maintain its previous level of spending for funded activities. Directs the Secretary to give preference to entities that will: (1) serve communities with high levels of overweight and obesity and related chronic diseases; and (2) plan or implement activities for the prevention of overweight and obesity in school or workplace settings.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Duty Suspension Process Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) Duty suspension or reduction.--The term ``duty suspension or reduction'' means an amendment to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States-- (A) extending an existing temporary suspension or reduction of duty on an article under that subchapter; or (B) providing for a new temporary suspension or reduction of duty on an article under that subchapter. SEC. 3. RECOMMENDATIONS BY UNITED STATES INTERNATIONAL TRADE COMMISSION FOR DUTY SUSPENSIONS AND REDUCTIONS. (a) Establishment of Review Process.--Not later than 30 days after the date of the enactment of this Act, the Commission shall complete all actions necessary to establish a process pursuant to which the Commission will-- (1) review each article with respect to which a duty suspension or reduction may be made-- (A) at the initiative of the Commission; or (B) pursuant to a petition submitted or referred to the Commission under subsection (b); and (2) submit a draft bill to the appropriate congressional committees under subsection (d). (b) Petitions.-- (1) In general.--As part of the process established under subsection (a), the Commission shall establish procedures under which a petition requesting the Commission to review a duty suspension or reduction pursuant to that process may be-- (A) submitted to the Commission by a member of the public; or (B) referred to the Commission by a Member of Congress. (2) Requirements.--A petition submitted or referred to the Commission under paragraph (1) shall be submitted or referred at such time and in such manner and shall include such information as the Commission may require. (3) No preferential treatment for members of congress.--A petition referred to the Commission by a Member of Congress under subparagraph (B) of paragraph (1) shall receive treatment no more favorable than the treatment received by a petition submitted to the Commission by a member of the public under subparagraph (A) of that paragraph. (c) Public Comments.--As part of the process established under subsection (a), the Commission shall establish procedures for-- (1) notifying the public when the Commission initiates the process of reviewing articles with respect to which duty suspensions or reductions may be made and distributing information about the process, including by-- (A) posting information about the process on the website of the Commission; and (B) providing that information to trade associations and other appropriate organizations; (2) not later than 45 days before submitting a draft bill to the appropriate congressional committees under subsection (d), notifying the public of the duty suspensions and reductions the Commission is considering including in the draft bill; and (3) providing the public with an opportunity to submit comments with respect to any of those duty suspensions or reductions. (d) Submission of Draft Bill.-- (1) In general.--The Commission shall submit to the appropriate congressional committees a draft bill that contains each duty suspension or reduction that the Commission determines, pursuant to the process established under subsection (a) and after conducting the consultations required by subsection (e), meets the requirements described in subsection (f), not later than-- (A) the date that is 120 days after the date of the enactment of this Act; (B) January 1, 2015; and (C) January 1, 2018. (2) Effective period of duty suspensions and reductions.-- Duty suspensions and reductions included in a draft bill submitted under paragraph (1) shall be effective for a period of not less than 3 years. (3) Special rule for first submission.--In the draft bill required to be submitted under paragraph (1) not later than the date that is 120 days after the date of the enactment of this Act, the Commission shall be required to include only duty suspensions and reductions with respect to which the Commission has sufficient time to make a determination under that paragraph before the draft bill is required to be submitted. (e) Consultations.--In determining whether a duty suspension or reduction meets the requirements described in subsection (f), the Commission shall, not later than 30 days before submitting a draft bill to the appropriate congressional committees under subsection (d), conduct consultations with the Commissioner responsible for U.S. Customs and Border Protection, the Secretary of Commerce, the United States Trade Representative, and the heads of other relevant Federal agencies. (f) Requirements for Duty Suspensions and Reductions.-- (1) In general.--A duty suspension or reduction meets the requirements described in this subsection if-- (A) the duty suspension or reduction can be administered by U.S. Customs and Border Protection; (B) the estimated loss in revenue to the United States from the duty suspension or reduction does not exceed the dollar amount specified in paragraph (2) in a calendar year during which the duty suspension or reduction would be in effect; and (C) on the date on which the Commission submits a draft bill to the appropriate congressional committees under subsection (d) that includes the duty suspension or reduction, the article to which the duty suspension or reduction would apply is not produced in the United States and is not expected to be produced in the United States during the subsequent 12-month period. (2) Dollar amount specified.-- (A) In general.--The dollar amount specified in this paragraph is-- (i) for calendar year 2013, $500,000; and (ii) for any calendar year after calendar year 2013, an amount equal to $500,000 increased or decreased by an amount equal to-- (I) $500,000, multiplied by (II) the percentage (if any) of the increase or decrease (as the case may be) in the Consumer Price Index for the preceding calendar year compared to the Consumer Price Index for calendar year 2012. (B) Rounding.--Any increase or decrease under subparagraph (A) of the dollar amount specified in this paragraph shall be rounded to the nearest dollar. (C) Consumer price index for any calendar year.-- For purposes of this paragraph, the Consumer Price Index for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on September 30 of that calendar year. (D) Consumer price index defined.--For purposes of this paragraph, the term ``Consumer Price Index'' means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (3) Consideration of relevant information.--In determining whether a duty suspension or reduction meets the requirements described in paragraph (1), the Commission may consider any information the Commission considers relevant to the determination. (4) Judicial review precluded.--A determination of the Commission with respect to whether or not a duty suspension or reduction meets the requirements described in paragraph (1) shall not be subject to judicial review. (g) Reports Required.-- (1) In general.--Each time the Commission submits a draft bill under subsection (d), the Commission shall submit to the appropriate congressional committees a report on the duty suspensions and reductions contained in the draft bill that includes-- (A) the views of the head of each agency consulted under subsection (e); and (B) any objections received by the Commission during consultations conducted under subsection (e) or through public comments submitted under subsection (c), including-- (i) objections with respect to duty suspensions or reductions the Commission included in the draft bill; and (ii) objections that led to the Commission to determine not to include a duty suspension or reduction in the draft bill. (2) Initial report on process.--Not later than 300 days after the date of the enactment of this Act, the Commission shall submit to the appropriate congressional committees a report that includes-- (A) an assessment of the effectiveness of the process established under subsection (a) and the requirements of this section; (B) to the extent practicable, a description of the effects of duty suspensions and reductions recommended pursuant to that process on the United States economy that includes-- (i) a broad assessment of the economic effects of such duty suspensions and reductions on producers, purchasers, and consumers in the United States; and (ii) case studies describing such effects by industry or by type of articles, as available data permits; (C) a comparison of the actual loss in revenue to the United States resulting from duty suspensions and reductions recommended pursuant to that process to the loss in such revenue estimated during that process; (D) to the extent practicable, information on how broadly or narrowly duty suspensions and reductions recommended pursuant to that process were used by importers; and (E) any recommendations of the Commission for improving that process and the requirements of this section. (h) Form of Draft Bill and Reports.--Each draft bill submitted under subsection (d) and each report required by subsection (g) shall be-- (1) submitted to the appropriate congressional committees in electronic form; and (2) made available to the public on the website of the Commission. SEC. 4. REPORTS ON BENEFITS OF DUTY SUSPENSIONS OR REDUCTIONS TO SECTORS OF THE UNITED STATES ECONOMY. Not later than January 1, 2014, and annually thereafter, the Commission shall submit to the appropriate congressional committees a report that-- (1) makes recommendations with respect to sectors of the United States economy that could benefit from duty suspensions or reductions without causing harm to other domestic interests; and (2) assesses the feasibility and advisability of suspending or reducing duties on a sectoral basis rather than on individual articles.

Summary: Temporary Duty Suspension Process Act of 2012 - Directs the U.S. International Trade Commission (USITC) to establish a process in which it will: (1) review each article in which a temporary duty suspension or reduction has been recommended at its own initiative or pusuant to a petition, and (2) submit a draft bill to the appropriate congressional committees containing each duty suspension or reduction that meets certain requirements. Requires the USITC to report to appropriate congressional committees on: (1) recommendations with respect to sectors of the U.S. economy that could benefit from duty suspensions or reductions without causing harm to other domestic interests, and (2) the feasibility of suspending or reducing duties on a sectoral basis rather than on individual articles.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity Act of 1993''. SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by adding at the end thereof the following new paragraphs: ``(8) Regional cost-of-living adjustments.-- ``(A) In general.--In the case of an individual, the rate table otherwise in effect under this section for any taxable year (determined after the application of paragraph (1)) shall be further adjusted as provided in subparagraph (B). ``(B) Method of making regional adjustment.--The rate table otherwise in effect under this section with respect to any individual for any taxable year shall be adjusted as follows: ``(i) The minimum and maximum dollar amounts otherwise in effect for each rate bracket shall be multiplied by the applicable multiplier (for the calendar year in which the taxable year begins) which applies to the statistical area in which the individual's primary place of abode during the taxable year is located. ``(ii) The rate applicable to any rate bracket (as adjusted by clause (i)) shall not be changed. ``(iii) The amount setting forth the tax shall be adjusted to the extent necessary to reflect the adjustments in the rate brackets. If any amount determined under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(9) Determination of multipliers.-- ``(A) In general.--Not later than December 15 of each calendar year, the Secretary shall prescribe an applicable multiplier for each statistical area of the United States which shall apply to taxable years beginning during the succeeding calendar year. ``(B) Determination of multipliers.-- ``(i) For each statistical area where the cost-of-living differential for any calendar year is greater than 125 percent, the applicable multiplier for such calendar year is 90 percent of such differential. ``(ii) For each statistical area where the cost-of-living differential for any calendar year exceeds 97 percent but does not exceed 125 percent, the applicable multiplier for such calendar year is 1.05. (iii) For each statistical area not described in clause (i) or (ii), the applicable multiplier is the cost-of-living differential for the calendar year. ``(C) Cost-of-living differential.--The cost-of- living differential for any statistical area for any calendar year is the percentage determined by dividing-- ``(i) the cost-of-living for such area for the preceding calendar year; by ``(ii) the average cost-of-living for the United States for the preceding calendar year. ``(D) Cost-of-living for area.-- ``(i) In general.--For each calendar year beginning after 1993, the Secretary of Labor shall determine and publish a cost-of-living index for each statistical area. ``(ii) Methodology.--The cost-of-living index determined under clause (i) for any statistical area for any calendar year shall be based on average market prices for the area for the 12-month period ending on August 31 of such calendar year. The market prices taken into account under the preceding sentence shall be selected and used under the same methodology as is used by the Secretary of Labor in developing the Consumer Price Index for All Urban Consumers. ``(E) Statistical area.--For purposes of this subsection the term `statistical area' means ``(i) any metropolitan statistical area as defined by the Secretary of Commerce, and ``(ii) the portion of any State not within a metropolitan statistical area as so defined. ``(10) Areas outside the united states.--The area applicable multiplier for any area outside the United States shall be 1.'' (b) Effective Date.-- (1) In general.--The amendment made by this section shall apply to taxable years beginning after December 31, 1993. (2) Transition rule.--Notwithstanding section 1(f)(9)(A) of the Internal Revenue Code (as added by this section), the date for prescribing applicable multipliers for taxable years beginning in calendar year 1994 shall be the date 1 year after the date of the enactment of this Act.

Summary: Tax Equity Act of 1993 - Amends the Internal Revenue Code to provide for regional cost-of-living adjustments in individual income tax rates.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Ebola Emergency Response Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the current outbreak of the Ebola virus disease in West Africa poses severe health, economic, and security threats to the countries affected by the outbreak of the Ebola virus disease, the United States, and the broader international community; and (2) the whole-of-government response taken by the United States provides unique capabilities that are critical to effectively helping contain the Ebola virus disease in West Africa, yet the United States alone will not succeed in containing the Ebola virus disease. SEC. 3. STATEMENTS OF POLICY. It shall be the policy of the United States to-- (1) support a robust international response to the Ebola virus disease in West Africa by undertaking a range of activities to immediately help detect, contain, treat, and deter the further spread of the disease; (2) support the efforts of governments of affected countries and of local, regional, and international nongovernmental organizations and civil society organizations working on the front lines of the response to the Ebola virus disease; and (3) work with appropriate security sector personnel engaged in the response to the Ebola virus disease in Guinea, Liberia, and Sierra Leone, as well as with civil society, regional organizations, and the United Nations to enhance border security and create a secure operating environment for health workers and other responders and the communities they are serving, including by repurposing, as necessary and appropriate, existing United States security assistance provided to the affected countries to address immediate border security and law enforcement needs. SEC. 4. INTERNATIONAL EFFORTS TO CONTROL THE OUTBREAK OF THE EBOLA VIRUS DISEASE. In carrying out the policy under section 3, the President shall-- (1) seek to coordinate with the governments of countries of Africa affected by or at risk of being affected by the outbreak of the Ebola virus disease, other donors, the private sector, regional and international financial institutions, local, regional, and international organizations, civil society, and local, regional, and nongovernmental organizations, particularly organizations that possess experience in emergency relief and infection control, to devise and implement a coherent, comprehensive strategy to control the Ebola virus disease and assist affected populations, utilizing all necessary and appropriate assets and capabilities of the United States Government; and (2) direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to-- (A) ensure that the United Nations Mission in Liberia is fully protecting individuals under its care from exploitation and abuse, including by soldiers serving under its command, and, within its capabilities and in the context of its mandate to help solidify peace and stability while protecting civilians in Liberia, plays an active role in the emergency response, including by providing logistics and engineering support, as well as securing border crossings, state institutions, and treatment facilities, as necessary and appropriate; and (B) ensure that the United Nations Mission for the Ebola Emergency Response (UNMEER) plays an effective role in aligning donors around a single strategic operating plan to detect, contain, treat, and deter the further spread of Ebola, and that the associated costs for its work are offset by decreases elsewhere in the general budget of the United Nations. SEC. 5. ASSISTANCE TO COUNTRIES AFFECTED BY THE OUTBREAK OF THE EBOLA VIRUS DISEASE. (a) Authorization.--Notwithstanding any other provision of law, and consistent with the authorities of section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292), the President is authorized to provide assistance on an emergency basis to countries directly affected by or at imminent risk of being affected by the outbreak of the Ebola virus disease to effectively address such outbreak, by supporting the activities described in subsection (b). (b) Activities Supported.--Activities supported by assistance under subsection (a) are the following: (1) The construction, staffing, and equipping of patient isolation and treatment facilities in sufficient numbers to treat infected persons at the most appropriate locations. (2) The construction and equipping of laboratories in sufficient numbers to ensure accurate testing for the Ebola virus disease and other infectious diseases, as necessary and appropriate, in as rapid a time frame as possible. (3) The provision of vital medical supplies and equipment necessary to contain the outbreak. (4) The recruitment and training of local and international staff on effective disease identification, isolation, contact tracing, and care with respect to the Ebola virus disease, especially the proper use of universal precautions, personal protective equipment, and other infection control measures, to minimize transmission. (5) The recruitment, training, and equipping of safe burial teams, as necessary, to reduce transmission of the Ebola virus disease. (6) The provision of medical evacuations, on a reimbursable basis, for medical and other personnel engaged in the response to the Ebola virus disease who become infected with the disease, as necessary and appropriate. (7) The development of an effective public information campaign to help limit the transmission of the Ebola virus disease, utilizing all appropriate means of communication, including digital, print, broadcast communication, and communications through local health care workers, media, schools, civil society organizations, and faith-based and traditional leaders. (8) The development and deployment of Ebola diagnostics and surveillance tools, as well as vaccines and treatments as they become available and to the extent possible that such vaccines and treatments adhere to strictly enforced informed consent protocols. (9) The provision of emergency food assistance, water and sanitation, shelter, and support for orphans and vulnerable children in communities affected by the Ebola virus disease. (10) The provision of technical assistance to strengthen border control, including enhanced health screening at exit and entry points in the region, to be complemented by appropriate health screening at United States ports of entry. (11) Activities related to sustainable post-outbreak economic recovery and ensuring the stability of countries affected by the Ebola virus disease. (c) Allocation and Reimbursement Among Agencies.-- (1) In general.--In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to utilize the services and facilities of, or procure commodities from, any agency of the United States Government on a non- reimbursable basis, subject to the written consent of the head of such other agency, and notwithstanding any provision of law relating to limitations on the use of authorities or funding of such other agency. (2) Congressional notification.--The Administrator shall notify the appropriate committees not later than 15 days after the date on which the authority under paragraph (1) is utilized. Such notification shall include the name of the other agency, the value of such services or facilities utilized, or commodities procured, the affected appropriations accounts, and a justification for the utilization of the authority under paragraph (1). SEC. 6. SENSE OF CONGRESS ON INTERNATIONAL SUPPORT TO AVOID ECONOMIC COLLAPSE AND ASSIST WITH POST-CRISIS COUNTRIES DIRECTLY AFFECTED BY THE OUTBREAK OF THE EBOLA VIRUS DISEASE. It is the sense of Congress that the President should work with other donors, including international financial institutions, to encourage such other donors to help the governments of Guinea, Liberia, and Sierra Leone mitigate the risks of economic collapse and related civil unrest by providing appropriate access to emergency grants and financing tools, as necessary and appropriate, to address fiscal issues that are the direct result of the Ebola virus disease crisis, and to assist with post-crisis economic recovery. SEC. 7. REPORT. (a) In General.--Not later than 6 months after the date on which the President determines that the Ebola epidemic in West Africa has been effectively contained, the President shall submit to the appropriate congressional committees a report that assesses the United States coordination and response to the Ebola epidemic, including how the authorities provided pursuant to this Act were utilized and lessons learned that may have applications in response to future epidemics. (b) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, and the Committee on Appropriations of the Senate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the President to carry out section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) $1,801,000,000 for fiscal year 2015.

Summary: Ebola Emergency Response Act - Expresses the sense of Congress that: the Ebola virus outbreak in West Africa poses severe health, economic, and security threats to the affected countries, the United States, and the broader international community; and the whole-of-government response taken by the United States provides capabilities critical to helping contain Ebola in West Africa; yet the United States alone will not succeed in containing it. Directs the President to: coordinate with the governments of affected African countries, the private sector, regional and international financial institutions and international organizations, civil society, and nongovernmental organizations to implement a comprehensive Ebola control strategy and assist affected populations; and use U.S. influence at the United Nations (U.N.) to ensure that the U.N. Mission in Liberia is protecting individuals under its care and playing an active emergency response role, and ensuring that the U.N. Mission for the Ebola Emergency Response (UNMEER) is playing an effective role in aligning donors around a plan to detect, contain, treat, and deter Ebola's further spread. Authorizes the President to provide specified emergency assistance to countries directly affected by or at imminent risk of being affected by the Ebola outbreak. Expresses the sense of Congress that the President should work with other donors, including international financial institutions, to encourage them to: (1) help the governments of Guinea, Liberia, and Sierra Leone mitigate the risks of economic collapse and related civil unrest by providing access to emergency grants and financing tools to address fiscal issues that are the direct result of the Ebola crisis; and (2) assist with post-crisis economic recovery.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Renewable Energy Research and Development Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States has a critical national interest in developing clean, domestic, renewable sources of energy in order to reduce environmental impacts of energy production, increase national security, improve public health, and bolster economic stability. (2) Marine renewable energy technologies are a nonemitting source of power production. (3) Marine renewable energy may serve as an alternative to fossil fuels and create thousands of new jobs within the United States. (4) Europe has already successfully delivered electricity to the grid through the deployment of wave and tidal energy devices off the coast of Scotland. (5) Recent studies from the Electric Power Research Institute, in conjunction with the Department of Energy's National Renewable Energy Laboratory, have identified an abundance of viable sites within the United States with ample wave and tidal resources to be harnessed by marine power technologies. (6) Sustained and expanded research, development, demonstration, and commercial application programs are needed to locate and characterize marine renewable energy resources, and to develop the technologies that will enable their widespread commercial development. (7) Federal support is critical to reduce the financial risk associated with developing new marine renewable energy technologies, thereby encouraging the private sector investment necessary to make marine renewable energy resources commercially viable as a source of electric power and for other applications. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) Marine renewable energy.--The term ``Marine Renewable Energy'' means energy derived from one or more of the following sources: (A) Waves. (B) Tidal flows. (C) Ocean currents. (D) Ocean thermal energy conversion. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary, in conjunction with other appropriate agencies, shall support programs of research, development, demonstration, and commercial application to expand marine renewable energy production, including programs to-- (1) study and compare existing marine renewable energy extraction technologies; (2) research, develop, and demonstrate advanced marine renewable energy systems and technologies; (3) reduce the manufacturing and operation costs of marine renewable energy technologies; (4) investigate efficient and reliable integration with the utility grid and intermittency issues; (5) advance wave forecasting technologies; (6) conduct experimental and numerical modeling for optimization of marine energy conversion devices and arrays; (7) increase the reliability and survivability of marine renewable energy technologies, including development of corrosive-resistant materials; (8) study, in conjunction with the Assistant Administrator for Research and Development of the Environmental Protection Agency, the Undersecretary of Commerce for Oceans and Atmosphere, and other Federal agencies as appropriate, the environmental impacts of marine renewable energy technologies and ways to address adverse impacts, and provide public information concerning technologies and other means available for monitoring and determining environmental impacts; (9) establish protocols, in conjunction with the National Oceanic and Atmospheric Administration, for how the ocean community may best interact with marine renewable energy devices; (10) develop power measurement standards for marine renewable energy; (11) develop identification standards for marine renewable energy devices; (12) address standards development, demonstration, and technology transfer for advanced systems engineering and system integration methods to identify critical interfaces; and (13) utilize marine resources in the Gulf of Mexico, the Atlantic Ocean, and the Pacific Ocean. (b) Siting Criteria.--The Secretary, in conjunction with other appropriate Federal agencies, shall develop, prior to installation of any technologies under this section, siting criteria for marine renewable energy generation demonstration and commercial application projects funded under this Act. SEC. 5. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTERS. (a) Centers.--The Secretary, acting through the National Renewable Energy Laboratory, shall award grants to institutions of higher education (or consortia thereof) for the establishment of 1 or more National Marine Renewable Energy Research, Development, and Demonstration Centers. In selecting locations for Centers, the Secretary shall consider sites that meet one of the following criteria: (1) Hosts an existing marine renewable energy research and development program in coordination with a public university engineering program. (2) Has proven expertise to support environmental and policy-related issues associated with harnessing of energy in the marine environment. (3) Has access to and utilizes the marine resources in the Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean. The Secretary may give special consideration to historically black colleges and universities and land grant universities that also meet one of these criteria. In establishing criteria for the selection of Centers, the Secretary shall coordinate with the Undersecretary of Commerce for Oceans and Atmosphere on the criteria related to advancing wave forecasting technologies, studying the compatibility with the environment of marine renewable energy technologies and systems, and establishing protocols for how the ocean community best interacts with marine renewable energy devices and parks. (b) Purposes.--The Centers shall advance research, development, demonstration, and commercial application of marine renewable energy through a number of initiatives including for the purposes described in section 4(1) through (13), and shall serve as an information clearinghouse for the marine renewable energy industry, collecting and disseminating information on best practices in all areas related to developing and managing enhanced marine renewable energy systems resources. (c) Demonstration of Need.--When applying for a grant under this section, an applicant shall include a description of why Federal support is necessary for the Center, including evidence that the research of the Center will not be conducted in the absence of Federal support. SEC. 6. APPLICABILITY OF OTHER LAWS. Nothing in this Act shall be construed as waiving the applicability of any requirement under any environmental or other Federal or State law. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act $50,000,000 for each of the fiscal years 2008 through 2012, except that no funds shall be appropriated under this section for activities that are receiving funds under section 931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).

Summary: Marine Renewable Energy Research and Development Act of 2007 - Instructs the Secretary of Energy to support research and demonstration programs to expand marine renewable energy production, including: (1) study and comparison of existing marine renewable energy extraction technologies; (2) investigation of utility grid and intermittency issues; (3) increased survivability of marine renewable energy extraction technologies, including development of corrosive-resistant materials; (4) a study of environmental impacts of such technologies and ways to address adverse impacts; and (5) establishment of protocols, in conjunction with the National Oceanic and Atmospheric Administration (NOAA), for how the ocean community may best interact with marine renewable energy devices. Directs the Secretary to develop siting criteria for marine renewable energy generation projects prior to installation of such technologies. Directs the Secretary to award grants to institutions of higher education (or consortia of them) to establish National Marine Renewable Energy Research, Development, and Demonstration Centers to serve as information clearinghouses for the marine renewable energy industry, collecting and disseminating information on best practices related to developing and managing enhanced marine renewable energy systems resources. Authorizes the Secretary to give special consideration to historically black colleges and universities and land grant universities that meet prescribed criteria. Authorizes appropriations for FY2008-FY2012, excluding certain ocean energy programs already receiving funds under the Energy Policy Act of 2005.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of- Living Adjustment Act of 2008''. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Rate Adjustment.--Effective on December 1, 2008, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2008, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. (2) Additional compensation for dependents.--Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance.--The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse.--Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase.-- (1) Percentage.--Except as provided in paragraph (2), each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2008, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (2) Rounding.--Each dollar amount increased under paragraph (1), if not a whole dollar amount, shall be rounded to the next lower whole dollar amount. (d) Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. (e) Publication of Adjusted Rates.--The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b), as increased under that subsection, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2009. SEC. 3. CODIFICATION OF 2007 COST-OF-LIVING ADJUSTMENT IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Veterans' Disability Compensation.--Section 1114 of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``$115'' and inserting ``$117''; (2) in subsection (b), by striking ``$225'' and inserting ``$230''; (3) in subsection (c), by striking ``$348'' and inserting ``$356''; (4) in subsection (d), by striking ``$501'' and inserting ``$512''; (5) in subsection (e), by striking ``$712'' and inserting ``$728''; (6) in subsection (f), by striking ``$901'' and inserting ``$921''; (7) in subsection (g), by striking ``$1,135'' and inserting ``$1,161''; (8) in subsection (h), by striking ``$1,319'' and inserting ``$1,349''; (9) in subsection (i), by striking ``$1,483'' and inserting ``$1,517''; (10) in subsection (j), by striking ``$2,471'' and inserting ``$2,527''; (11) in subsection (k)-- (A) by striking ``$89'' both places it appears and inserting ``$91''; and (B) by striking ``$3,075'' and ``$4,313'' and inserting ``$3,145'' and ``$4,412'', respectively; (12) in subsection (l), by striking ``$3,075'' and inserting ``$3,145''; (13) in subsection (m), by striking ``$3,392'' and inserting ``$3,470''; (14) in subsection (n), by striking ``$3,860'' and inserting ``$3,948''; (15) in subsections (o) and (p), by striking ``$4,313'' each place it appears and inserting ``$4,412''; (16) in subsection (r), by striking ``$1,851'' and ``$2,757'' and inserting ``$1,893'' and ``$2,820'', respectively; and (17) in subsection (s), by striking ``$2,766'' and inserting ``$2,829''. (b) Additional Compensation for Dependents.--Section 1115(1) of such title is amended-- (1) in subparagraph (A), by striking ``$139'' and inserting ``$142''; (2) in subparagraph (B), by striking ``$240'' and ``$70'' and inserting ``$245'' and ``$71'', respectively; (3) in subparagraph (C), by striking ``$94'' and ``$70'' and inserting ``$96'' and ``$71'', respectively; (4) in subparagraph (D), by striking ``$112'' and inserting ``$114''; (5) in subparagraph (E), by striking ``$265'' and inserting ``$271''; and (6) in subparagraph (F), by striking ``$222'' and inserting ``$227''. (c) Clothing Allowance for Certain Disabled Veterans.--Section 1162 of such title is amended by striking ``$662'' and inserting ``$677''. (d) Dependency and Indemnity Compensation for Surviving Spouses.-- (1) New law dic.--Section 1311(a) of such title is amended-- (A) in paragraph (1), by striking ``$1,067'' and inserting ``$1,091''; and (B) in paragraph (2), by striking ``$228'' and inserting ``$233''. (2) Old law dic.--The table in paragraph (3) of such section is amended to read as follows: ---------------------------------------------------------------------------------------------------------------- ``Pay grade Monthly rate Pay grade Monthly rate ---------------------------------------------------------------------------------------------------------------- E-1.......................................... $1,091 W-4............................ $1,305 E-2.......................................... $1,091 O-1............................ $1,153 E-3.......................................... $1,091 O-2............................ $1,191 E-4.......................................... $1,091 O-3............................ $1,274 E-5.......................................... $1,091 O-4............................ $1,349 E-6.......................................... $1,091 O-5............................ $1,485 E-7.......................................... $1,129 O-6............................ $1,674 E-8.......................................... $1,191 O-7............................ $1,808 E-9.......................................... $1,2421 O-8............................ $1,985 W-1.......................................... $1,153 O-9............................ $2,123 W-2.......................................... $1,198 O-10........................... $2,3282 W-3.......................................... $1,234 ---------------------------------------------------------------------------------------------------------------- 1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,342. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $2,499.'' (3) Additional dic for children or disability.--Section 1311 of such title is amended-- (A) in subsection (b), by striking ``$265'' and inserting ``$271''; (B) in subsection (c), by striking ``$265'' and inserting ``$271''; and (C) in subsection (d), by striking ``$126'' and inserting ``$128''. (e) Dependency and Indemnity Compensation for Children.-- (1) Dic when no surviving spouse.--Section 1313(a) of such title is amended-- (A) in paragraph (1), by striking ``$452'' and inserting ``$462''; (B) in paragraph (2), by striking ``$649'' and inserting ``$663''; (C) in paragraph (3), by striking ``$846'' and inserting ``$865''; and (D) in paragraph (4), by striking ``$846'' and ``$162'' and inserting ``$865'' and ``$165'', respectively. (2) Supplemental dic for certain children.--Section 1314 of such title is amended-- (A) in subsection (a), by striking ``$265'' and inserting ``$271''; (B) in subsection (b), by striking ``$452'' and inserting ``$462''; and (C) in subsection (c), by striking ``$225'' and inserting ``$230''. (f) Effective Date.--The amendments made by this section shall take effect on December 1, 2007. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Veterans' Compensation Cost-of-Living Adjustment Act of 2008 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2008, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date. Codifies rate amounts as increased under the Veterans' Compensation Cost-of-Living Adjustment Act of 2007.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Mental Health Modernization Act of 2000''. SEC. 2. FINDINGS. The Senate finds the following: (1) Older people have the highest rate of suicide of any population in the United States, and the suicide rate of that population increases with age, with individuals 65 and older accounting for 20 percent of all suicide deaths in the United States, while comprising only 13 percent of the population of the United States. (2) Disability due to mental illness in individuals over 65 years old will become a major public health problem in the near future because of demographic changes. In particular, dementia, depression, schizophrenia, among other conditions, will all present special problems for this age group. (3) Major depression is strikingly prevalent among older people, with between 8 and 20 percent of older people in community studies and up to 37 percent of those seen in primary care settings experiencing symptoms of depression. (4) Almost 20 percent of the population of individuals age 55 and older, experience specific mental disorders that are not part of normal aging. (5) Unrecognized and untreated depression, Alzheimer's disease, anxiety, late-life schizophrenia, and other mental conditions can be severely impairing and may even be fatal. (6) Substance abuse, particularly the abuse of alcohol and prescription drugs, among adults 65 and older is one of the fastest growing health problems in the United States, with 17 percent of this age group suffering from addiction or substance abuse. While addiction often goes undetected and untreated among older adults, aging and disability makes the body more vulnerable to the effects of alcohol and drugs, further exacerbating other age-related health problems. Medicare coverage for addiction treatment of the elderly needs to recognize these special vulnerabilities. (7) The disabled are another population receiving inadequate mental health care through medicare. According to the Health Care Financing Administration, medicare is the primary health care coverage for the 5,000,000 non-elderly, disabled people on Social Security Disability Insurance. Up to 40 percent of these individuals have a diagnosis of mental illness, and also face severe discrimination in mental health coverage. SEC. 3. DECREASE IN MEDICARE BENEFICIARY COPAYMENT FOR OUTPATIENT MENTAL HEALTH SERVICES. (a) In General.--Section 1833(c) of the Social Security Act (42 U.S.C. 1395l(c)) is repealed. (b) Conforming Amendment.--Section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by striking the second sentence. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to items and services furnished on or after the date of enactment of this Act. SEC. 4. INTENSIVE RESIDENTIAL SERVICES. (a) Coverage Under Part A.--Section 1812(a) (42 U.S.C. 1395d(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end of and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) intensive residential services (as defined in section 1861(uu)) furnished to an individual for up to 120 days during any calendar year.''. (b) Intensive Residential Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Intensive Residential Services ``(uu)(1) Subject to paragraphs (2) and (3), the term `intensive residential services' means inpatient services provided in any of the following facilities: ``(A) Residential detoxification centers. ``(B) Crisis residential programs or mental illness residential treatment programs. ``(C) Therapeutic family or group treatment homes. ``(D) Residential centers for substance abuse treatment. ``(2) No service may be treated as an intensive residential service unless the facility at which the service is provided-- ``(A) is legally authorized to provide such service under the law of the State (or under a State regulatory mechanism provided by State law) in which the facility is located or is certified to provide such service by an appropriate accreditation entity approved by the State in consultation with the Secretary; and ``(B) meets such other requirements as the Secretary may impose to assure the quality of the intensive residential services provided. ``(3) No service may be treated as an intensive residential service under paragraph (1) unless the service is furnished in accordance with standards established by the Secretary for the management of such services.''. (c) Reduction in Days of Coverage for Inpatient Services.--Section 1812(b)(3) of the Social Security Act (42 U.S.C. 1395d(b)(3)) is amended by striking the period at the end and inserting the following: ``, reduced by a number of days determined by the Secretary so that the actuarial value of providing such number of days of services under this paragraph to the individual is equal to the actuarial value of the days of inpatient residential services furnished to the individual under subsection (a)(5) during the year after such services have been furnished to the individual for 120 days during the year (rounded to the nearest day).''. (d) Amount of Payment.--Section 1814 of the Social Security Act (42 U.S.C. 1395f) is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by inserting ``other than a provider of intensive residential services,'' after ``hospice care,''; and (2) by adding at the end the following new subsection: ``Payment for Intensive Residential Services ``(m)(1) Except as provided in paragraphs (2) and (3), the amount of payment under this part for intensive residential services under section 1812(a)(5) shall be equal to the lesser of-- ``(A) the reasonable cost of such services, as determined under section 1861(v), or ``(B) the customary charges with respect to such services, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A). ``(2) If intensive residential services are furnished by a public provider of services or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this clause), free of charge or at nominal charges to the public, the Secretary shall determine the amount of payment for such services in accordance with subsection (b)(2). ``(3) If (and for so long as) the conditions described in subsection (b)(3) are met, the Secretary shall determine the amount of payment for intensive residential services under the reimbursement system described in such subsection.''. SEC. 5. STUDY OF COVERAGE CRITERIA FOR ALZHEIMER'S DISEASE AND RELATED MENTAL ILLNESSES. (a) Study.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall conduct a study to determine whether the criteria for coverage of any therapy service (including occupational therapy services and physical therapy services) or any outpatient mental health care service under the medicare program under title XVIII of the Social Security Act unduly restricts the access of any medicare beneficiary who has been diagnosed with Alzheimer's disease or a related mental illness to such a service because the coverage criteria requires the medicare beneficiary to display continuing clinical improvement to continue to receive the service. (2) Determination of new coverage criteria.--If the Secretary determines that the coverage criteria described in paragraph (1) unduly restricts the access of any medicare beneficiary to the services described in such paragraph, the Secretary shall identify alternative coverage criteria that would permit a medicare beneficiary who has been diagnosed with Alzheimer's disease or a related mental illness to receive coverage for health care services under the medicare program that are designed to control symptoms, maintain functional capabilities, reduce or deter deterioration, and prevent or reduce hospitalization of the beneficiary. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the committees of jurisdiction of Congress a report on the study conducted under subsection (a) together with such recommendations for legislative and administrative action as the Secretary determines appropriate. SEC. 6. MENTAL HEALTH COUNSELING SERVICES. (a) Adding Mental Health Counselor Services to the Definition of Medical and Other Health Services.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395(s)(2)) is amended-- (1) in subparagraph (S), by striking ``and'' at the end; (2) in subparagraph (T)(ii), by adding ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(U) mental health counselor services (as defined in subsection (vv));''. (b) Mental Health Counselor; Mental Health Counselor Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 4, is amended by adding at the end the following new subsection: ``Mental Health Counselor; Mental Health Counselor Services ``(vv)(1) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C)(i) is licensed or certified as a mental health counselor or professional counselor by the State in which the services are performed; or ``(ii) in the case of an individual in a State that does not provide for licensure or certification-- ``(I) has completed at least 2 years or 3,000 hours of post-master's degree supervised mental health counselor practice under the supervision of a master's or doctor's level mental health provider in an appropriate setting (as determined by the Secretary); and ``(II) meet such other criteria as the Secretary establishes. ``(2) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (1)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services as performed as would otherwise be covered if furnished by a physician or as incident to a physician's professional service.''. (c) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before ``(S)''; and (2) by inserting before the semicolon at the end the following: ``, and (T) with respect to mental health counselor services under section 1861(s)(2)(U), the amounts paid shall be 80 percent of (i) the actual charge for the services or (ii) 75 percent of the amount determined for payment of a psychologist under clause (L)''. SEC. 7. EXCLUDING CLINICAL SOCIAL WORKER SERVICES FROM COVERAGE UNDER THE MEDICARE SKILLED NURSING FACILITY PROSPECTIVE PAYMENT SYSTEM AND CONSOLIDATED PAYMENT. (a) In General.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``clinical social worker services,'' after ``qualified psychologist services,''. (b) Conforming Amendment.--Section 1861(hh)(2) of such Act (42 U.S.C. 1395x(hh)(2)) is amended by striking ``and other than services furnished to an inpatient of a skilled nursing facility which the facility is required to provide as a requirement for participation''. (c) Effective Date.--The amendments made by this section apply as if included in the enactment of section 4432(a) of the Balanced Budget Act of 1997.

Summary: Amends Medicare part A (Hospital Insurance) to provide for coverage of intensive residential services. Directs the Secretary of Health and Human Services to study and report to Congress on whether the criteria for Medicare coverage of any therapy service (including occupational and physical therapy) or any outpatient mental health care service unduly restricts the access to such a service of any Medicare beneficiary diagnosed with Alzheimer's disease or a related mental illness because the coverage criteria requires the beneficiary to display continuing clinical improvement to continue to receive the service. Amends Medicare to: (1) cover mental health counselor services; and (2) exclude clinical social worker services from coverage under the Medicare skilled nursing facility prospective payment system.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Mud Dump Permanent Closure and Remediation Act of 2000''. SEC. 2. PERMANENT DUMPING BAN AT HISTORIC AREA REMEDIATION SITE. Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is amended by adding at the end the following: ``(f) Historic Area Remediation Site.-- ``(1) Prohibition on ocean dumping.--Except as provided by paragraph (2), after the date of enactment of this subsection, dumping shall be prohibited at the Historic Area Remediation Site (as defined in subsection (g)). ``(2) Permits for remediation.--After the date of issuance of standards for remediation materials under subsection (g), the Secretary may issue permits under this section authorizing the transportation of dredged materials to the Historic Area Remediation Site solely for the purpose of providing for remediation of the site. ``(3) Remediation to be followed by permanent closure.-- Upon satisfying the goal specified in subsection (g)(2)(B) at the Historic Area Remediation Site, as determined by the Administrator, the Secretary shall not issue any further permits under this section authorizing the transportation of dredged materials to the site for any purpose. ``(4) Existing permits.--A permit issued under this section before the date of enactment of this subsection shall not be effective to the extent that the permit authorizes dumping in violation of this subsection. ``(5) Advance notice of permits.--At least 30 days before issuing a permit under paragraph (2), the Secretary shall provide written notice of the permit to the Governors of the States of New York and New Jersey and to each Member of Congress representing one of such States. This paragraph shall not be construed to affect any notification requirement under any other provision of law.''. SEC. 3. STANDARDS FOR REMEDIATION MATERIALS. Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is further amended by adding at the end the following: ``(g) Standards for Remediation Materials.-- ``(1) Development of standards.--Not later than 90 days after the date of enactment of this subsection, the Administrator, in consultation with the Under Secretary for Oceans and Atmosphere, shall develop and publish in the Federal Register standards for evaluating dredged materials to be used solely for remediation purposes at the Historic Area Remediation Site. ``(2) Requirements for standards.-- ``(A) In general.--In developing standards under paragraph (1), the Administrator shall ensure that the materials used for remediation-- ``(i) contain significantly lower levels of contaminants (as referred to in section 227.6 of title 40, Code of Federal Regulations), including polycyclic aromatic hydrocarbons and polyclorinated biphenyls, than exist at the Historic Area Remediation Site; ``(ii) will significantly reduce contamination levels in biota and sediments at the Historic Area Remediation Site; and ``(iii) will reduce both the number, extent, and magnitude of undesirable effects on marine life in and around the Historic Area Remediation Site, including through bioaccumulation. ``(B) Goal.--The goal of the standards to be developed under paragraph (1) shall be to reduce the level of contamination at the Historic Area Remediation Site to a level that reflects background ambient contamination levels in the ocean. ``(3) Notice and comment.--The Administrator shall provide notice and an opportunity for public comment before issuing final standards under paragraph (1). ``(4) Definitions.--In this subsection, the following definitions apply: ``(A) Background ambient contamination levels.--The term `background ambient contamination levels' means a level of contamination that is substantially equivalent to or less than-- ``(i) the levels of contamination in biota and sediments found occurring naturally in the ocean in areas that have never been impacted by ocean dumping; and ``(ii) the levels of contamination found in the clean reference sediments used by the Environmental Protection Agency when testing and evaluating remediation materials to be deposited at the Historic Area Remediation Site. ``(B) Clean reference sediments.--The term `clean reference sediments' means a sediment, substantially free of contaminants, that is as similar to the grain size of the dredged material and the sediment at the disposal site as practical, and reflects conditions that would exist in the vicinity of the disposal site had no dredged material disposal ever occurred, but had all other influences on sediment taken place. ``(C) Historic area remediation site.--The term `Historic Area Remediation Site' means the dredged material disposal area known by that name that is located east of Sandy Hook, New Jersey, and described in section 228.15(d)(6) of title 40, Code of Federal Regulations (as in effect on July 1, 1999).''.

Summary: Provides that an existing permit shall not be effective if it authorizes dumping in violation of this Act. Requires the Administrator of the Environmental Protection Agency to develop standards for evaluating dredged materials to be used solely for remediation purposes at the Site. Directs the Administrator, in developing such standards, to ensure that the materials used for remediation: (1) contain significantly lower levels of contaminants than exist at the Site; (2) will significantly reduce contamination levels in biota and sediments at the Site; and (3) will reduce the number, extent, and magnitude of undesirable effects on marine life in and around the Site. Requires the goals of such standards to be to reduce the level of contamination at the Site to a level that reflects background ambient contamination levels in the ocean.