SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Drug Coverage Parity Act of 2011''. SEC. 2. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. (a) Employee Retirement Income Security Act of 1974 Amendments.-- (1) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 716. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. ``(a) In General.--Subject to subsection (b), a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides benefits with respect to intravenously administered or injected anticancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration. ``(b) Limitation.--Subsection (a) shall only apply to anticancer medication that is prescribed based on a finding by the treating physician that the medication-- ``(1) is medically necessary for the purpose of killing or slowing the growth of cancerous cells in a manner that is in accordance with nationally accepted standards of medical practice; ``(2) is clinically appropriate in terms of type, frequency, extent site, and duration; and ``(3) is not primarily for the convenience of the patient, physician, or other health care provider. ``(c) Application of Cost-Sharing and Restrictions.-- ``(1) In general.--The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to intravenously administered or injected anticancer medications under the plan or coverage for the same purpose. ``(2) Restriction.--A group health plan or health insurance issuer may not, in order to comply with the requirement of subsection (a)-- ``(A) impose an increase in out-of-pocket costs with respect to anticancer medications; or ``(B) reclassify benefits with respect to anticancer medications. ``(d) Application of Notice, Prohibitions, Etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2012, shall be substituted for the date referred to in subsection (b)(3) of such section. ``(e) Construction.--Nothing in this section shall be construed-- ``(1) to require the use of orally administered anticancer medications as a replacement for other anticancer medications; or ``(2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy.''. (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 716''. (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 716''. (4) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 714 the following new items: ``Sec. 715. Additional market reforms. ``Sec. 716. Parity in coverage for oral anticancer drugs.''. (b) Public Health Service Act Amendments.--(1) Title XXVII of the Public Health Service Act is amended by inserting after section 2728 (42 U.S.C. 300gg-28), as redesignated by section 1001(2) of the Patient Protection and Affordable Care Act (Public Law 111-148), the following new section: ``SEC. 2729. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. ``(a) In General.--Subject to subsection (b), a group health plan, and a health insurance issuer offering group or individual health insurance coverage, that provides benefits with respect to intravenously administered or injected anticancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration. ``(b) Limitation.--Subsection (a) shall only apply to anticancer medication that is prescribed based on a finding by the treating physician that the medication-- ``(1) is medically necessary for the purpose of killing or slowing the growth of cancerous cells in a manner that is in accordance with nationally accepted standards of medical practice; ``(2) is clinically appropriate in terms of type, frequency, extent site, and duration; and ``(3) is not primarily for the convenience of the patient, physician, or other health care provider. ``(c) Application of Cost-Sharing and Restrictions.-- ``(1) In general.--The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to intravenously administered or injected anticancer medications under the plan or coverage for the same purpose. ``(2) Restriction.--A group health plan or health insurance issuer may not, in order to comply with the requirement of subsection (a)-- ``(A) impose an increase in out-of-pocket costs with respect to anticancer medications; or ``(B) reclassify benefits with respect to anticancer medications. ``(d) Application of Notice, Prohibitions, Etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement and Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2012, shall be substituted for the date referred to in subsection (b)(3) of such section. ``(e) Construction.--Nothing in this section shall be construed-- ``(1) to require the use of orally administered anticancer medications as a replacement for other anticancer medications; or ``(2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy.''. (2) Section 2724(c) of such Act (42 U.S.C. 300gg-23(c)), as redesignated by section 1001(4) and subsection (c)(14) of the section 1563 (relating to conforming amendments) of Public Law 111-148, is amended by striking ``section 2704'' and inserting ``sections 2725 and 2729''. (3) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2729''. (4) For purposes of applying section 2729 of the Public Health Service Act, as inserted by paragraph (1), to individual health insurance coverage before 2014, the provisions of such section shall be treated as also included under part B of title XXVII of the Public Health Service Act. (c) Internal Revenue Code Amendments.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986, as amended by subsection (f) of the section 1563 (relating to conforming amendments) of Public Law 111-148, is amended by adding at the end the following new section: ``SEC. 9816. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. ``(a) In General.--Subject to subsection (b), a group health plan that provides benefits with respect to intravenously administered or injected anticancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration. ``(b) Limitation.--Subsection (a) shall only apply to anticancer medication that is prescribed based on a finding by the treating physician that the medication-- ``(1) is medically necessary for the purpose of killing or slowing the growth of cancerous cells in a manner that is in accordance with nationally accepted standards of medical practice; ``(2) is clinically appropriate in terms of type, frequency, extent site, and duration; and ``(3) is not primarily for the convenience of the patient, physician, or other health care provider. ``(c) Application of Cost-Sharing and Restrictions.-- ``(1) In general.--The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to intravenously administered or injected anticancer medications under the plan for the same purpose. ``(2) Restriction.--A group health plan may not, in order to comply with the requirement of subsection (a)-- ``(A) impose an increase in out-of-pocket costs with respect to anticancer medications; or ``(B) reclassify benefits with respect to anticancer medications. ``(d) Application of Notice, Prohibitions, Etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement and Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2012, shall be substituted for the date referred to in subsection (b)(3) of such section. ``(e) Construction.--Nothing in this section shall be construed-- ``(1) to require the use of orally administered anticancer medications as a replacement for other anticancer medications; or ``(2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy.''. (2) Clerical amendment.--The table of sections for such subchapter is amended by adding at the end the following new items: ``Sec. 9815. Additional market reforms. ``Sec. 9816. Parity in coverage for oral anticancer drugs.''. (d) Clarifying Amendment Regarding Application to Grandfathered Plans.--Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act (Public Law 111-148; 42 U.S.C. 18011(a)(4)(A)), as added by section 2301(a) of Public Law 111-152, is amended by adding at the end the following new clause: ``(v) Section 2729 (relating to standards relating to benefits for minor child's congenital or developmental deformity or disorder), as added by section 2(b) of the Cancer Drug Coverage Parity Act of 2011.''. (e) Effective Date.--The amendments made by this section shall apply with respect to group health plans for plan years beginning on or after January 1, 2012, and with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (f) Study.--Not later than 2 years after the date of the enactment of this Act-- (1) the Medicare Payment Advisory Commission shall complete a study that assesses how closing the Medicare part D donut hole under the amendments made by section 3301 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 1101 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), affects Medicare coverage for orally administered anticancer medications, with a particular focus on cost and accessibility; and (2) submit a report to Congress on the results of such study.

Summary: Cancer Drug Coverage Parity Act of 2011 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group or individual health plan providing benefits for intravenously administered or injected anticancer medications to provide no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration (FDA). Applies such requirement to medication that is prescribed based on a finding by the treating physician that the medication is: (1) medically necessary for the purpose of killing or slowing the growth of cancerous cells in accordance with nationally accepted standards of medical practice; (2) clinically appropriate in terms of type, frequency, extent site, and duration; and (3) not primarily for the convenience of the patient, physician, or other health care provider. Permits such coverage to be subject to the same cost-sharing applicable to intravenously administered or injected anticancer medications under the plan. Prohibits a health plan from imposing an increase in out-of-pocket costs, or reclassifying benefits, with respect to anticancer medications. Requires a plan to provide notice to each participant and beneficiary regarding the coverage required under this Act. Prohibits a health plan from taking specified actions to avoid the requirements of this Act. Requires the Medicare Payment Advisory Commission to assess how closing the Medicare part D donut hole affects Medicare coverage for orally administered anticancer medications, with a particular focus on cost and accessibility.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Nurse Act of 2011''. SEC. 2. NATIONAL NURSE FOR PUBLIC HEALTH. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following: ``SEC. 1711. NATIONAL NURSE FOR PUBLIC HEALTH. ``(a) Establishment.-- ``(1) In general.--There is established within the Office of the Surgeon General a full-time position, to be filled by registered nurse to be known as the National Nurse for Public Health. ``(2) Procedure.--Except for the initial appointment of the National Nurse for Public Health under paragraph (3), the Secretary shall appoint the National Nurse for Public Health in accordance with Commissioned Corps Instruction CC23.4.6 (relating to Chief Professional Officer Nominations), as in effect on February 13, 2008. ``(3) Initial appointment.--Not later than 30 days after the date of enactment of this section, the Secretary shall appoint the individual serving as the Chief Nurse Officer of the Public Health Service as of the date of the enactment of this section as the first National Nurse for Public Health. ``(b) Rank and Grade.--The National Nurse for Public Health shall have the same rank and grade as the Deputy Surgeon General of the Public Health Service. ``(c) Duties.--The National Nurse for Public Health shall carry out the following: ``(1) Provide leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, including providing representation for the Government of the United States at the Global Forum for Government Chief Nursing and Midwifery Officers and serving as a member of the Federal Nursing Service Council. ``(2) Represent the Surgeon General and the agencies of Public Health Service in communications with groups and societies concerned with nursing issues at the local, State, national, and international levels. ``(3) Provide guidance and advice to the Surgeon General and the Nurse Professional Advisory Committee on matters such as standards, recruitment, retention, readiness, and career development of nurses employed by and contracted with agencies of the Public Health Service. ``(4) Conduct media campaigns and make personal appearances for purposes of paragraphs (5) through (7). ``(5) Provide guidance and leadership for activities to promote the public health, including encouraging nurses and other health professionals to be volunteers and developing projects that educate the public about and engage the public in prevention practices to achieve better health. ``(6) Provide guidance and leadership to encourage nurses to engage in furthering their education in order to conduct nursing research, increase the awareness of evidence-based practice, and educate future nurses. ``(7) Provide guidance and leadership for activities that will increase public safety and emergency preparedness. ``(d) National Health Priorities--Healthy People 2020.-- ``(1) In general.--The National Nurse for Public Health, in cooperation with the Surgeon General of the Public Health Service, heads of the agencies of the Public Health Service, States, and organizations that represent health professionals, shall participate in the identification of national health priorities. ``(2) Addressing national health priorities.--The National Nurse for Public Health, in addressing national health priorities, shall encourage volunteerism of nurses and other individuals, and strengthen the relationship between Government agencies and health-related national organizations. ``(3) Community-based projects.-- ``(A) Implementation.--In addressing national health priorities, the National Nurse for Public Health shall-- ``(i) provide guidance and coordination on recommended activities to organizations; ``(ii) acknowledge successful programs and encourage their replication; ``(iii) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities; ``(iv) encourage practicing nurses and other health professionals, including retired health professionals and students enrolled in health professional programs, to participate in health promotion activities and replicate successful health promotion activities; and ``(v) monitor activities being conducted through the collection and evaluation of data to determine if national health priorities are being addressed. ``(B) Media campaigns.--The National Nurse for Public Health shall ensure that media campaigns conducted under subsection (c)(4) include media campaigns regarding the national health priorities. ``(C) Evaluations.--The National Nurse for Public Health shall, directly or through awards of grants or contracts, evaluate the activities encouraged by the National Nurse for Public Health and conducted by community-based, nonprofit organizations to determine the extent to which such activities have succeeded in carrying out national health priorities. ``(D) Dissemination of information.--The National Nurse for Public Health shall disseminate information to governmental agencies, schools, and community-based, nonprofit organizations interested in health promotion and improving public health through community action. ``(e) Authorization of Appropriations.--For carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2012 through 2016.''.

Summary: National Nurse Act of 2011 - Amends the Public Health Service Act to establish the position of National Nurse for Public Health within the Office of the Surgeon General. Includes among the duties of such position providing leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, conducting media campaigns, and providing guidance and leadership for activities that will increase public safety and emergency preparedness. Requires the National Nurse for Public Health to: (1) participate in identification of national health priorities, (2) encourage volunteerism of nurses and strengthen the relationship between government agencies and health-related national organizations, and (3) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Inspector General Act of 1996''. SEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE PRESIDENT. (a) Establishment of Office.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1) by inserting ``the President (with respect only to the Executive Office of the President),'' after ``means''; and (2) in paragraph (2) by inserting ``the Executive Office of the President,'' after ``means''. (b) Appointment of Inspector General.--Not later than 120 days after the effective date of this Act, the President shall nominate an individual as the Inspector General of the Executive Office of the President pursuant to the amendments made by subsection (a). SEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE EXECUTIVE OFFICE OF THE PRESIDENT. The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by redesignating the second section 8G (regarding a rule of construction) as section 8I; and (2) by inserting after the first section 8G (regarding requirements for Federal entities and designated Federal entities) the following: ``SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE EXECUTIVE OFFICE OF THE PRESIDENT. ``(a) Authority, Direction, and Control of President.-- Notwithstanding the last 2 sentences of section 3(a), the Inspector General of the Executive Office of the President shall be under the authority, direction, and control of the President with respect to audits or investigations, or the issuance of subpoenas, which require access to information concerning-- ``(1) ongoing criminal investigations or proceedings; ``(2) undercover operations; ``(3) the identity of confidential sources, including protected witnesses; ``(4) deliberations and decisions on policy matters, including documented information used as a basis for making policy decisions; ``(5) intelligence or counterintelligence matters; or ``(6) other matters the disclosure of which would constitute a serious threat to the national security, or would cause significant impairment to the national interests (including interests in foreign trade negotiations), of the United States. ``(b) Prohibiting Activities of Inspector General.--With respect to information described in subsection (a), the President may prohibit the Inspector General of the Executive Office of the President from carrying out or completing any audit or investigation, or issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation or to issue such subpoena, if the President determines that-- ``(1) the disclosure of that information would interfere with the core functions of the constitutional responsibilities of the President; and ``(2) the prohibition is necessary to prevent the disclosure of that information. ``(c) Notice.-- ``(1) Notice to inspector general.--If the President makes a determination referred to in subsection (b)(1) or (2), the President shall within 30 days notify the Inspector General in writing stating the reasons for that determination. ``(2) Notice to congress.--Within 30 days after receiving a notice under paragraph (1), the Inspector General shall transmit a copy of the notice to each of the Chairman and the ranking minority party member of the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Affairs of the Senate, and other appropriate committees or subcommittees of the Congress. ``(d) Semiannual Reports.-- ``(1) Information to be included.--The Inspector General of the Executive Office of the President shall include in each semiannual report to the President under section 5, at a minimum-- ``(A) a list of the title or subject of each inspection, investigation, or audit conducted during the reporting period; ``(B) a statement of whether corrective action has been completed on each significant recommendation described in previous semiannual reports, and, in a case where corrective action has been completed, a description of such corrective action; ``(C) a certification that the Inspector General has had full and direct access to all information relevant to the performance of functions of the Inspector General; ``(D) a description of all cases occurring during the reporting period in which the Inspector General could not obtain documentary evidence relevant to any inspection, audit, or investigation due to a determination of the President under subsection (b); and ``(E) such recommendations as the Inspector General considers appropriate concerning legislation to promote economy and efficiency in the administration of programs and operations undertaken by the Executive Office of the President, and to detect and eliminate fraud, waste, and abuse in such programs and operations. ``(2) Transmission to congress.--Within 30 days after receiving a semiannual report under section 5 from the Inspector General of the Executive Office of the President, the President shall transmit the report to each of the Chairman and the ranking minority party member of the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate with any comments the President considers appropriate.''. SEC. 4. EFFECTIVE DATE. This Act shall take effect on January 21, 1997.

Summary: White House Inspector General Act of 1996 - Amends the Inspector General Act of 1978 to: (1) establish an Office of Inspector General (IG) in the Executive Office of the President; (2) require the IG to serve under the President's authority, direction, and control with respect to matters concerning ongoing criminal investigations, policy making, and national security (unless the President notifies the IG that disclosure of pertinent information would interfere with the core functions of the President's constitutional responsibilities); and (3) require the IG to comply with the same semiannual reporting requirements that all other IGs are subject to and, at a minimum, supply additional specified information as well.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2004''. SEC. 2. MEDICARE COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (Y), by striking ``and'' at the end; (2) in subparagraph (Z), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(AA) counseling for cessation of tobacco use (as defined in subsection (bbb));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Counseling for Cessation of Tobacco Use ``(bbb)(1)(A) Subject to subparagraph (B), the term `counseling for cessation of tobacco use' means diagnostic, therapy, and counseling services for cessation of tobacco use for individuals who use tobacco products or who are being treated for tobacco use which are furnished-- ``(i) by or under the supervision of a physician; ``(ii) by a practitioner described in clause (i), (iii), (iv), (v) or (vi) of section 1842(b)(18)(C); or ``(iii) by a licensed tobacco cessation counselor (as defined in paragraph (2)). ``(B) Such term is limited to-- ``(i) services recommended in `Treating Tobacco Use and Dependence: A Clinical Practice Guideline', published by the Public Health Service in June 2000, or any subsequent modification of such Guideline; and ``(ii) such other services that the Secretary recognizes to be effective. ``(2) In this subsection, the term `licensed tobacco cessation counselor' means a tobacco cessation counselor who-- ``(A) is licensed as such by the State (or in a State which does not license tobacco cessation counselors as such, is legally authorized to perform the services of a tobacco cessation counselor in the jurisdiction in which the counselor performs such services); and ``(B) meets uniform minimum standards relating to basic knowledge, qualification training, continuing education, and documentation that are established by the Secretary for purposes of this subsection.''. (c) Payment and Elimination of Cost-Sharing for Counseling for Cessation of Tobacco Use.-- (1) Payment and elimination of coinsurance.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(V)''; and (B) by inserting before the semicolon at the end the following: ``, and (W) with respect to counseling for cessation of tobacco use (as defined in section 1861(ww)), the amount paid shall be 100 percent of the lesser of the actual charge for the service or the amount determined by a fee schedule established by the Secretary for purposes of this subparagraph''. (2) Elimination of coinsurance in outpatient hospital settings.-- (A) Exclusion from opd fee schedule.--Section 1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C. 1395l(t)(1)(B)(iv)) is amended by striking ``and diagnostic mammography'' and inserting ``, diagnostic mammography, or counseling for cessation of tobacco use (as defined in section 1861(bbb))''. (B) Conforming amendments.--Section 1833(a)(2) of the Social Security Act (42 U.S.C. 1395l(a)(2)) is amended-- (i) in subparagraph (F), by striking ``and'' after the semicolon at the end; (ii) in subparagraph (G)(ii), by striking the comma at the end and inserting ``; and''; and (iii) by inserting after subparagraph (G)(ii) the following new subparagraph: ``(H) with respect to counseling for cessation of tobacco use (as defined in section 1861(bbb)) furnished by an outpatient department of a hospital, the amount determined under paragraph (1)(W),''. (3) Elimination of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``and'' before ``(6)''; and (B) by inserting before the period the following: ``, and (7) such deductible shall not apply with respect to counseling for cessation of tobacco use (as defined in section 1861(bbb))''. (d) Application of Limits on Billing.--Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A licensed tobacco cessation counselor (as defined in section 1861(bbb)(2)).''. (e) Inclusion as Part of Initial Preventive Physical Examination.-- Section 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2)) is amended by adding at the end the following new subparagraph: ``(L) Counseling for cessation of tobacco use (as defined in subsection (bbb)).''. (f) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 1 year after the date of enactment of this Act. SEC. 3. MEDICARE COVERAGE OF TOBACCO CESSATION PHARMACOTHERAPY. (a) Inclusion of Tobacco Cessation Agents as Covered Drugs.-- Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w- 102(e)(1)) is amended-- (1) in subparagraph (A), by striking ``or'' after the semicolon at the end; (2) in subparagraph (B), by striking the comma at the end and inserting ``; or''; and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) any agent approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco cessation that may be dispensed without a prescription (commonly referred to as an `over-the-counter' drug), but only if such an agent is prescribed by a physician (or other person authorized to prescribe under State law),''. (b) Establishment of Categories and Classes Consisting of Tobacco Cessation Agents.--Section 1860D-4(b)(3)(C) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(C)) is amended by adding at the end the following new clause: ``(iv) Categories and classes of tobacco cessation agents.--There shall be a therapeutic category or class of covered part D drugs consisting of agents approved by the Food and Drug Administration for cessation of tobacco use. Such category or class shall include tobacco cessation agents described in subparagraphs (A) and (C) of section 1860D- 2(e)(1).''. (c) Conforming Amendment.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by striking ``, other than subparagraph (E) of such section (relating to smoking cessation agents),''. SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM. (a) Coverage of Tobacco Cessation Counseling Services.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (A) in paragraph (26), by striking ``and'' after the semicolon at the end; (B) by redesignating paragraph (27) as paragraph (28); and (C) by inserting after paragraph (26) the following new paragraph: ``(27) at the option of the State, counseling for cessation of tobacco use (as defined in section 1861(bbb)); and''. (2) Conforming amendment.--Section 1902(a)(10)(C)(iv) of the Social Security Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by inserting ``or (27)'' after ``(24)''. (b) Elimination of Optional Exclusion From Medicaid Prescription Drug Coverage for Tobacco Cessation Medications.--Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended-- (1) by striking subparagraph (E); (2) by redesignating subparagraphs (F) through (J) as subparagraphs (E) through (I), respectively; and (3) in subparagraph (F) (as redesignated by paragraph (2)), by inserting before the period at the end the following: ``, other than agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco cessation''. (c) Removal of Cost-Sharing for Tobacco Cessation Counseling Services and Medications.--Subsections (a)(2) and (b)(2) of section 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended-- (1) in subparagraph (D), by striking ``or'' after the comma at the end; (2) in subparagraph (E), by striking ``; and'' and inserting ``, or''; and (3) by adding at the end the following new subparagraph: ``(F)(i) counseling for cessation of tobacco use described in section 1905(a)(27); or ``(ii) covered outpatient drugs (as defined in paragraph (2) of section 1927(k), and including nonprescription drugs described in paragraph (4) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation; and''. (d) Increased FMAP for Tobacco Cessation Counseling Services and Medications.--The first sentence of section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended-- (1) by striking ``and'' before ``(4)''; and (2) by inserting before the period the following: ``, and (5) for purposes of this title, the Federal medical assistance percentage shall be 80 percent with respect to amounts expended as medical assistance for counseling for cessation of tobacco use described in subsection (a)(27) and for covered outpatient drugs (as defined in paragraph (2) of section 1927(k), and including nonprescription drugs described in paragraph (4) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation''. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 1 year after the date of enactment of this Act. SEC. 5. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT PROGRAM. (a) Quality Maternal and Child Health Services Includes Tobacco Cessation Counseling and Medications.--Section 501 of the Social Security Act (42 U.S.C. 701) is amended by adding at the end the following new subsection: ``(c) For purposes of this title, quality maternal and child health services include the following: ``(1) Counseling for cessation of tobacco use (as defined in section 1861(bbb)). ``(2) The encouragement of the prescribing and use of agents approved by the Food and Drug Administration for purposes of tobacco cessation. ``(3) The inclusion of messages that discourage tobacco use in health promotion counseling.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act.

Summary: Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of: (1) counseling for cessation of tobacco use; and (2) tobacco cessation pharmacotherapy. Provides for similar benefits under SSA titles V (Maternal and Child Health Services) and XIX (Medicaid).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive and Open Markets That Protect and Enhance the Treatment of Entrepreneurs Act of 2007'' or the ``Compete Act of 2007''. SEC. 2. DEFINITIONS. For purposes of this Act, the terms ``audit'', ``Board'', ``Commission'', ``issuer'', and ``public accounting firm'' have the same meanings as in section 2 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201). SEC. 3. INTERNAL CONTROL REPORTING AND EVALUATION. Section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)) is amended to read as follows: ``(b) Internal Control Reporting and Evaluation.-- ``(1) Auditor attestation and report.-- ``(A) In general.--With respect to the internal control assessment required by subsection (a), each registered public accounting firm that prepares or issues the audit report for the issuer shall, at the interval determined under paragraph (2), attest to, and report on, the assessment made by the management of the issuer. ``(B) Content.--The attestation and report on the management assessment required by this paragraph-- ``(i) shall focus on the process and system management used-- ``(I) to identify and manage risks; ``(II) to identify and implement key controls; and ``(III) to come to a conclusion on the effectiveness of the internal controls over financial reporting; and ``(ii) shall not include a separate opinion on the outcome of the assessment, including any pass or fail opinion by the auditor on the effectiveness of the internal controls of management over financial reporting. ``(2) Intervals for attestation and report.--The regulations of the Commission under this section-- ``(A) shall require that the attestation and report required by paragraph (1) be performed during an initial reporting period, and then at 3-year intervals; and ``(B) may require a shorter interval in the event of a major shift in the structure or performance of the issuer, such as a merger, a significant financial restatement, evidence of fraud, or other such events, as determined by the Commission ``(3) Standards for attestation and report.-- ``(A) Risk-based evaluation.-- ``(i) In general.--An attestation made under this subsection shall be made in accordance with standards for attestation engagements issued or adopted by the Board. ``(ii) Requirements.--The standards issued or adopted by the Board for purposes of this subsection shall require that the audit of the management assessment of the internal controls of the issuer shall-- ``(I) be designed, on the basis of the probability of risk and magnitude of potential harm, to focus on those controls that are critical to the accuracy of the financial statements of the issuer; ``(II) be consistent with the materiality standards prescribed by the Commission under paragraph (4); and ``(III) require that the determination by the auditor of the controls that create the greatest risk to the company shall be made in consultation with management of the issuer, and shall identify those greatest risks in consideration of the characteristics of the industry within which the issuer operates. ``(B) Reliance on the work of others.--The standards issued or adopted by the Board for purposes of this subsection shall eliminate duplication of audits and examinations-- ``(i) by allowing registered public accounting firms performing attestations and reports under this subsection to rely on examinations and inspections conducted by Federal and State regulatory agencies-- ``(I) to the extent that such examinations and inspections focus on the risk-based internal controls of the issuer; and ``(II) to the extent practicable, without affecting the timely completion of the examinations and inspections; ``(ii) where the issuer has engaged a third-party accountant to test and provide its management assessment of the internal control systems, by permitting-- ``(I) the third-party accountant to work with registered public accounting firms performing attestations and reports under this subsection on determining the controls to be tested and the scope of the work; ``(II) the registered public accounting firms performing attestations and reports under this subsection to rely heavily on the work of the third-party accountant during the attestation engagement to avoid repetitive testing; and ``(III) management of the issuer to communicate openly with the registered public accounting firms performing attestations and reports under this subsection on all aspects of its internal controls. ``(C) Definition.--For purposes of subparagraph (B)(ii), the term `third-party accountant' means a registered public accounting firm other than the registered public accounting firm that is engaged to perform the attestation and report under this subsection. ``(4) Materiality standard.--The Commission shall develop a standard of materiality for the conduct of the assessment and report on an internal control under this subsection that shall be based on the relationship of the internal control to the reasonably possible effects on the financial statements of the issuer, and its significance to the overall financial status of the issuer.''. SEC. 4. SMALLER PUBLIC COMPANY OPTION REGARDING INTERNAL CONTROL PROVISION. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following: ``(c) Smaller Public Company Option.-- ``(1) Voluntary compliance.--A smaller issuer shall not be subject to the requirements of subsection (a), unless the smaller issuer voluntarily elects to comply with such requirements, in accordance with regulations prescribed by the Commission. Any smaller issuer that does not elect to comply with subsection (a) shall state such election, together with the reasons therefor, in its annual report to the Commission under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)). ``(2) Definition.-- ``(A) In general.--For purposes of this subsection, and subject to subparagraph (B), the term `smaller issuer' means an issuer for which an annual report is required by section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)), that-- ``(i) has a total market capitalization at the beginning of the relevant reporting period of less than $700,000,000; ``(ii) has total product and services revenue for that reporting period of less than $125,000,000; or ``(iii) has, at the beginning of the relevant reporting period, fewer than 1500 record beneficial holders. ``(B) Annual adjustments.--The amounts referred to in clauses (i) and (ii) of subparagraph (A) shall be adjusted annually to account for changes in the Consumer Price Index for all urban consumers, United States city average, as published by the Bureau of Labor Statistics.''. SEC. 5. COMPETITION FOR AUDITING SERVICES. (a) Study Required.--The Commission and the Board shall jointly conduct a study examining the lack of, and impediments to, robust competition for the performance of audits for issuers. (b) Subjects of Study.--The study required by this section shall examine-- (1) the causes for, and the measures that may be taken to alleviate, the concentration of audit performance in only 4 large public accounting firms capable of servicing the larger issuers; and (2) the extent to which the Commission and the Board may, under existing law, take reasonable steps-- (A) to increase the number of qualified accounting firms; and (B) to eliminate de minimis conflict of interest provisions. (c) Report.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Commission and the Board shall submit a joint report on the study required by this section to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Requirements.--The report required by this subsection shall-- (A) contain the results of the examination of each of the subjects identified in subsection (b); (B) make recommendations to the accounting industry of measures that may be undertaken under existing provisions of law, regulations, and standards to alleviate the concentration described in subsection (b)(1); (C) identify the measures that the Commission and the Board should be authorized to undertake to alleviate such concentration; and (D) make any recommendations to Congress for changes in the laws administered by the Commission and the Board that the Commission or the Board consider appropriate and necessary on the basis of the study. SEC. 6. PRINCIPLES-BASED GUIDANCE STUDY. (a) Study Required.--The Commission and the Board shall jointly conduct a study comparing and contrasting the principles-based Turnbull Guidance under the securities laws of Great Britain to the implementation of section 404 of the Sarbanes-Oxley Act of 2002. (b) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission and the Board shall submit a joint report on the study required by this section to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Requirements.--The report required by this subsection shall-- (A) compare the relative accounting and other costs of the principles-based Turnbull Guidance under the securities laws of Great Britain and the implementation of section 404 of the Sarbanes-Oxley Act of 2002, in relation to the relative reduction in the level of risk to investors and increase in the level of investor confidence in the financial statements of issuers; and (B) recommend to the Congress appropriate measures to alleviate accounting and other costs in relation to the reduction of such risk and the increase in such confidence.

Summary: Competitive and Open Markets That Protect and Enhance the Treatment of Entrepreneurs Act of 2007, or the Compete Act of 2007 - Amends the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley) to revise requirements for the internal control assessment component of a securities issuer's annual report. Requires the attestation and report by a registered public accounting firm on an issuer's management assessment of its internal control structure and procedures to focus upon the process and system used by management to identify and manage risks, identify and implement key controls, and come to a conclusion on the effectiveness of the internal controls over financial reporting. Prohibits an auditor's attestation and report from including a separate (pass/fail) opinion on the effectiveness of such internal controls. Requires such attestation and report to be performed at three-year intervals. Prescribes standards for such attestations and reports, including a risk-based evaluation. Permits attestations and reports to rely on examinations and inspections by federal and state regulatory agencies. Instructs the Securities and Exchange Commission (SEC) to develop a standard of materiality for such assessments and reports based upon the relationship of the internal control to the reasonably possible effects on the financial statements of the issuer, and its significance to the overall financial status of the issuer. Exempts a smaller public company from the requirements for management assessment of internal controls, unless it voluntarily elects to comply with them. Directs the SEC and the Public Company Accounting Oversight Board to jointly conduct studies: (1) examining the lack of, and impediments to, robust competition for the performance of audits for issuers; and (2) comparing and contrasting the principles-based Turnbull Guidance under the British securities laws to the implementation of section 404 of Sarbanes-Oxley (concerning management assessment of internal controls).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Justice Act of 2001''. SEC. 2. ESTABLISHMENT. There is established the Fair Justice Agency (in this Act referred to as the ``Agency''), which shall be an independent agency in the executive branch of the Government. SEC. 3. DIRECTOR. (a) In General.--There is at the head of the Agency a Director, who shall be responsible for the exercise of all powers and the discharge of all duties of the Agency. (b) Appointment.--The Director shall be appointed for a term of ten years by the President, by and with the advice and consent of the Senate, from among persons who, by reason of general background and experience, are specially qualified to manage the full range of responsibilities of the Director. (1) Background check.--The pre confirmation background check for the Director shall be conducted by the law enforcement divisions of the Department of Treasury. (c) Pay.-- (1) In general.--The Director shall be paid at the rate payable for level II of the Executive Schedule. (2) Conforming amendment.--Section 5313 of title 5, United States Code, is amended by adding at the end the following item: ``Director, Fair Justice Agency.''. (d) Travel Expenses.--The Director and individuals appointed under section 5(a) shall receive travel expenses in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Dismissal.-- (1) In general.--The Director may be dismissed only by the President for inefficiency, neglect of duty, or malfeasance in office. (2) Report.--Within five days after dismissing a Director under this subsection, the President shall submit to the Congress a report containing a detailed statement of the reasons for the dismissal. SEC. 4. INVESTIGATIVE AND PROSECUTORIAL AUTHORITY. (a) In General.--The Director may investigate and prosecute any alleged misconduct, criminal activity, corruption, or fraud by an officer or employee of the Department of Justice. (b) Specific Functions and Powers.--The authority of the Director under subsection (a) shall include the following: (1) Conducting proceedings before grand juries and other investigations. (2) Participating in court proceedings and engaging in any litigation, including civil and criminal matters, that the Director considers necessary. (3) Appealing any decision of a court in any case or proceeding in which the Director participates in an official capacity. (4) Reviewing all documentary evidence available from any source. (5) Determining whether to contest the assertion of any testimonial privilege. (6) Receiving appropriate national security clearances and, if necessary, contesting in court (including participating in camera proceedings) any claim of privilege or attempt to withhold evidence on grounds of national security. (7) Making applications to any Federal court for a grant of immunity to any witness, consistent with applicable statutory requirements, or for warrants, subpoenas, or other court orders, and for purposes of this Act exercising the authority of a United States attorney or the Attorney General under sections 6003, 6004, and 6005 of title 18, United States Code. (8) Inspecting, obtaining, or using the original or a copy of any tax return, in accordance with the applicable statutes and regulations, and, for purposes of this Act exercising the authority vested in a United States attorney or the Attorney General under section 6103 of the Internal Revenue Code of 1986 and the regulations issued thereunder. (9) Initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing informations, and handling all aspects of any case, in the name of the United States. (10) Consulting with the United States attorney for the district in which any violation of law being investigated or prosecuted by the Director is alleged to have occurred. SEC. 5. OFFICERS AND EMPLOYEES (a) Officers and Employees.--The Director may appoint and fix the compensation of such officers and employees, including attorneys, as the Director considers appropriate. (b) Applicability of Certain Civil Service Laws.--Such officers and employees shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Experts and Consultants.--The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the maximum rate payable under the General Schedule. SEC. 6. ADMINISTRATIVE POWERS. (a) Rules.--The Director may prescribe such procedural and administrative rules and regulations as the Director deems necessary or appropriate to administer and manage the functions now or hereafter vested in the Director. (b) Reorganization.--The Director may establish, alter, consolidate, or discontinue such organizational units or components within the Agency as the Director considers appropriate. (c) Mails.--The Agency may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Administrative Support Services.--Upon the request of the Director, the Administrator of General Services shall provide to the Agency, on a reimbursable basis, the administrative support services necessary for the Agency to carry out its responsibilities under this Act. (e) Contract Authority.--The Director may enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with government and private agencies or persons for supplies and services, to the extent or in the amounts provided in advance in appropriation Acts. (f) Seal of Agency.--The Director shall cause a seal of office to be made for the Agency of such design as the Director shall approve. Judicial notice shall be taken of such seal. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director to carry out this Act $10,000,000 for fiscal year 2001, $15,000,000 for fiscal year 2002, and $20,000,000 for fiscal year 2003.

Summary: Fair Justice Act of 2001 - Establishes the Fair Justice Agency as an independent executive branch agency to investigate and prosecute alleged misconduct, criminal activity, corruption, or fraud by Department of Justice officers or employees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act''. SEC. 2. DRUG SCREENING MADE A CONDITION OF BENEFIT RECEIPT. (a) In General.--Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end the following: ``(l)(1) For purposes of subsection (a), the State law (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) of a State shall provide the following: ``(A) No regular compensation may be paid to an applicant for such compensation with respect to a benefit year unless, before the receipt of any such compensation-- ``(i) the applicant has completed a substance abuse risk assessment for such benefit year; and ``(ii) subject to subparagraph (B), if the State determines based on the results of such assessment that the applicant is a high-risk applicant, not later than 1 week after the results of the assessment are determined, the applicant tests negative for controlled substances. ``(B) If a high-risk applicant tests positive for any controlled substance-- ``(i) if such test result is the first positive test result for such applicant in the benefit year-- ``(I) no regular compensation may be paid to such applicant for a period of 30 days beginning on the date that such test result is determined; and ``(II) no regular compensation may be paid to such applicant during the remainder of such benefit year unless the applicant tests negative for controlled substances at the end of such period; ``(ii) if such test result is not the first positive test result for such applicant in the benefit year, no regular compensation may be paid to such applicant during the remainder of such benefit year. ``(C) A high-risk applicant receiving benefits with respect to a benefit year shall be subject to testing for controlled substances by the State at any time during the benefit year, with limited notice provided to the applicant of such testing. ``(D) A high-risk applicant who is tested for controlled substances under-- ``(i) subparagraph (A) or (C) shall be responsible for the cost of such test if the individual tests positive for any such substance; and ``(ii) subparagraph (B)(i)(II) shall be responsible for the cost of such test. ``(2) For purposes of this subsection-- ``(A) the term `benefit year' means the benefit year as defined in the applicable State law; ``(B) the term `controlled substance'-- ``(i) means a drug or other substance selected by the State to be included in drug testing under this subsection; and ``(ii) does not include any drug or other substance used by the applicant pursuant to a valid prescription or as otherwise authorized by law; ``(C) the term `high-risk applicant', with respect to a benefit year, means an individual who is determined by the State to have a high risk of substance abuse based on the results of a substance abuse risk assessment administered under paragraph (1)(A)(i); and ``(D) the term `substance abuse risk assessment' means a screening instrument, approved by the Director of the National Institutes of Health, designed to determine whether an individual has a high risk of substance abuse.''. (b) No Merit Staffing Requirements.--Section 303(a)(1) of the Social Security Act (42 U.S.C. 503(a)(1)) shall not be construed in such a manner as to apply the merit staffing requirements in section 900.603 of title 5, Code of Federal Regulations, as in effect on October 1, 2011, to the implementation of section 303(l) of such Act (as amended by subsection (a)). (c) Funding for Substance Abuse Testing.-- (1) Funding from ipab.--Section 1899A(m) of the Social Security Act is amended-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``to the Board to carry'' and inserting ``for the purposes of carrying out section 303(l), and, if any funds remain in the fiscal year involved, for the Board for the purpose of carrying''; and (B) by striking paragraph (2). (2) Funding from the co-op program.--Section 1322(g) of the Patient Protection and Affordable Care Act is amended by striking ``to carry out this section.'' and inserting ``to carry out section 303(l) of the Social Security Act, to the extent funds are necessary to carry out such section after the application of section 1899A(m)(1) of such Act.''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. (2) Delay permitted if legislation pending.--If a State applies to the Secretary of Labor to delay implementation of the requirements of section 303(l) of the Social Security Act (42 U.S.C. 503(l)) on the grounds that legislation to implement such requirements is pending in the State legislature on the date that is 180 days after the date of the enactment of this Act, the Secretary shall not refuse certification for payment to the State under section 302 of such Act solely on the basis of the failure of the State to implement such requirements before such date.

Summary: Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act - Amends title III (Grants to States for Unemployment Compensation Administration) of the Social Security Act (SSA) to require state unemployment compensation (UC) laws to require, as a condition of UC eligibility for a benefit year, an applicant, before receiving any UC, to: (1) complete a substance abuse risk assessment; and (2) test negative for controlled substances within one week after the results of such assessment if the state determines that the applicant is a high-risk. Prescribes retesting requirements and UC payment suspensions for applicants who test positive. Amends SSA title XVIII (Medicare) and the Patient Protection and Affordable Care Act to provide funding for such substance abuse testing out of current funds appropriated for the Independent Payment Advisory Board (IPAB) and, after application of those funds, for the Consumer Operated and Oriented Plan (CO-OP) program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Homeland Security Act''. SEC. 2. ESTABLISHMENT. There is established the ``Commission on Homeland Security'' (in this Act referred to as the ``Commission''). SEC. 3. DUTY OF COMMISSION. The Commission shall study procedures to protect the security of the United States, including, but not limited to-- (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions; (2) the adequacy of Federal personnel resources to perform security missions; (3) the adequacy and effectiveness of Federal controls over financial and information systems; (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law; (5) how effectively Federal departments and agencies are organized to perform security missions; and (6) the effectiveness of relationships among, and activities of, the Federal Government, the States, and municipalities to protect security. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 21 members appointed as follows: (1) Five members appointed by the President, one of whom shall be the Assistant to the President for Homeland Security. (2) Four members appointed by the Speaker of the House of Representatives. (3) Four members appointed by the minority leader of the House of Representatives. (4) Four members appointed by the majority leader of the Senate. (5) Four members appointed by the minority leader of the Senate. (b) Qualifications.--Members of the Commission shall include individuals with expertise in information technology and security, civil liberties issues, and law enforcement issues. (c) Deadline for Appointment.--Members shall be appointed not later than 60 days after the date of the enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Pay.--Members shall serve without pay, but each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The Assistant to the President for Homeland Security shall be the Chairperson of the Commission. SEC. 5. EXECUTIVE DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Executive Director.--The Commission shall have an Executive Director who shall be appointed by the Commission. The Executive Director shall be paid at the rate of basic pay for level IV of the Executive Schedule. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as it considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Executive Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for GS-15 of the General Schedule. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. HEARINGS AND SESSIONS. The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission shall hold a minimum of eight hearings, including hearings in California, New York, Texas, Illinois, and Florida. SEC. 7. ADDITIONAL POWERS OF COMMISSION. (a) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (b) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (c) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (g) Immunity.--The Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. SEC. 8. REPORT. The Commission shall transmit a report to the President and Congress not later than 14 months after the date of the enactment of this Act containing a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislation and administrative actions that the Commission considers appropriate. SEC. 9. TERMINATION. The Commission shall terminate 30 days after submitting its final report pursuant to section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Summary: Commission on Homeland Security Act - Establishes a Commission on Homeland Security to study procedures to protect the security of the United States, including: (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions; (2) the adequacy of Federal personnel resources to perform such missions; (3) the adequacy and effectiveness of Federal controls over financial and information systems; (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law; (5) how effectively Federal departments and agencies are organized to perform security missions; and (6) the effectiveness of relationships among, and activities of, the Government, the States, and municipalities to protect security.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Youth Telemental Health Demonstration Project Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) suicide for Indians and Alaska Natives is 2\1/2\ times higher than the national average and the highest for all ethnic groups in the United States, at a rate of more than 16 per 100,000 males of all age groups, and 27.9 per 100,000 for males aged 15 through 24, according to data for 2002; (2) according to national data for 2002, suicide was the second-leading cause of death for Indians and Alaska Natives aged 15 through 34 and the fourth-leading cause of death for Indians and Alaska Natives aged 10 through 14; (3) the suicide rates of Indian and Alaska Native males aged 15 through 24 are nearly 4 times greater than suicide rates of Indian and Alaska Native females of that age group; (4)(A) 90 percent of all teens who die by suicide suffer from a diagnosable mental illness at the time of death; and (B) more than \1/2\ of the people who commit suicide in Indian Country have never been seen by a mental health provider; (5) death rates for Indians and Alaska Natives are statistically underestimated; (6) suicide clustering in Indian Country affects entire tribal communities; and (7) since 2003, the Indian Health Service has carried out a National Suicide Prevention Initiative to work with Service, tribal, and urban Indian health programs. (b) Purpose.--The purpose of this Act is to authorize the Secretary to carry out a demonstration project to test the use of telemental health services in suicide prevention, intervention, and treatment of Indian youth, including through-- (1) the use of psychotherapy, psychiatric assessments, diagnostic interviews, therapies for mental health conditions predisposing to suicide, and alcohol and substance abuse treatment; (2) the provision of clinical expertise to, consultation services with, and medical advice and training for frontline health care providers working with Indian youth; (3) training and related support for community leaders, family members and health and education workers who work with Indian youth; (4) the development of culturally-relevant educational materials on suicide; and (5) data collection and reporting. SEC. 3. DEFINITIONS. In this Act: (1) Demonstration project.--The term ``demonstration project'' means the Indian youth telemental health demonstration project authorized under section 4(a). (2) Department.--The term ``Department'' means the Department of Health and Human Services. (3) Indian.--The term ``Indian'' means any individual who is a member of an Indian tribe or is eligible for health services under the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (4) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Service.--The term ``Service'' means the Indian Health Service. (7) Telemental health.--The term ``telemental health'' means the use of electronic information and telecommunications technologies to support long distance mental health care, patient and professional-related education, public health, and health administration. (8) Traditional health care practices.--The term ``traditional health care practices'' means the application by Native healing practitioners of the Native healing sciences (as opposed or in contradistinction to Western healing sciences) that-- (A) embody the influences or forces of innate Tribal discovery, history, description, explanation and knowledge of the states of wellness and illness; and (B) call upon those influences or forces in the promotion, restoration, preservation, and maintenance of health, well-being, and life's harmony. (9) Tribal organization.--The term ``tribal organization'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 4. INDIAN YOUTH TELEMENTAL HEALTH DEMONSTRATION PROJECT. (a) Authorization.-- (1) In general.--The Secretary is authorized to carry out a demonstration project to award grants for the provision of telemental health services to Indian youth who-- (A) have expressed suicidal ideas; (B) have attempted suicide; or (C) have mental health conditions that increase or could increase the risk of suicide. (2) Eligibility for grants.--Grants described in paragraph (1) shall be awarded to Indian tribes and tribal organizations that operate 1 or more facilities-- (A) located in Alaska and part of the Alaska Federal Health Care Access Network; (B) reporting active clinical telehealth capabilities; or (C) offering school-based telemental health services relating to psychiatry to Indian youth. (3) Grant period.--The Secretary shall award grants under this section for a period of up to 4 years. (4) Maximum number of grants.--Not more than 5 grants shall be provided under paragraph (1), with priority consideration given to Indian tribes and tribal organizations that-- (A) serve a particular community or geographic area in which there is a demonstrated need to address Indian youth suicide; (B) enter into collaborative partnerships with Service or other tribal health programs or facilities to provide services under this demonstration project; (C) serve an isolated community or geographic area which has limited or no access to behavioral health services; or (D) operate a detention facility at which Indian youth are detained. (b) Use of Funds.--An Indian tribe or tribal organization shall use a grant received under subsection (a) for the following purposes: (1) To provide telemental health services to Indian youth, including the provision of-- (A) psychotherapy; (B) psychiatric assessments and diagnostic interviews, therapies for mental health conditions predisposing to suicide, and treatment; and (C) alcohol and substance abuse treatment. (2) To provide clinician-interactive medical advice, guidance and training, assistance in diagnosis and interpretation, crisis counseling and intervention, and related assistance to Service or tribal clinicians and health services providers working with youth being served under the demonstration project. (3) To assist, educate, and train community leaders, health education professionals and paraprofessionals, tribal outreach workers, and family members who work with the youth receiving telemental health services under the demonstration project, including with identification of suicidal tendencies, crisis intervention and suicide prevention, emergency skill development, and building and expanding networks among those individuals and with State and local health services providers. (4) To develop and distribute culturally-appropriate community educational materials on-- (A) suicide prevention; (B) suicide education; (C) suicide screening; (D) suicide intervention; and (E) ways to mobilize communities with respect to the identification of risk factors for suicide. (5) To conduct data collection and reporting relating to Indian youth suicide prevention efforts. (c) Applications.--To be eligible to receive a grant under subsection (a), an Indian tribe or tribal organization shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including-- (1) a description of the project that the Indian tribe or tribal organization will carry out using the funds provided under the grant; (2) a description of the manner in which the project funded under the grant would-- (A) meet the telemental health care needs of the Indian youth population to be served by the project; or (B) improve the access of the Indian youth population to be served to suicide prevention and treatment services; (3) evidence of support for the project from the local community to be served by the project; (4) a description of how the families and leadership of the communities or populations to be served by the project would be involved in the development and ongoing operations of the project; (5) a plan to involve the tribal community of the youth who are provided services by the project in planning and evaluating the mental health care and suicide prevention efforts provided, in order to ensure the integration of community, clinical, environmental, and cultural components of the treatment; and (6) a plan for sustaining the project after Federal assistance for the demonstration project has terminated. (d) Traditional Health Care Practices.--The Secretary, acting through the Service, shall ensure that the demonstration project involves the use and promotion of the traditional health care practices of the Indian tribes of the youth to be served. (e) Collaboration.--The Secretary, acting through the Service, shall encourage Indian tribes and tribal organizations receiving grants under this section to collaborate to enable comparisons about best practices across projects. (f) Annual Report.--Each grant recipient shall submit to the Secretary an annual report that-- (1) describes the number of telemental health services provided; and (2) includes any other information that the Secretary may require. (g) Report to Congress.--Not later than 270 days after the date of termination of the demonstration project, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Resources and the Committee on Energy and Commerce of the House of Representatives a final report that-- (1) describes the results of the projects funded by grants awarded under this section, including any data available that indicate the number of attempted suicides; (2) evaluates the impact of the telemental health services funded by the grants in reducing the number of completed suicides among Indian youth; (3) evaluates whether the demonstration project should be-- (A) expanded to provide more than 5 grants; and (B) designated a permanent program; and (4) evaluates the benefits of expanding the demonstration project to include urban Indian organizations. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,500,000 for each of fiscal years 2007 through 2010. Passed the Senate May 11, 2006. Attest: EMILY J. REYNOLDS, Secretary.

Summary: Indian Youth Telemental Health Demonstration Project Act of 2006 - Authorizes the Secretary of Health and Human Services to carry out a demonstration project to award up to five grants, of up to four years each, for the provision of telemental health services to Indian youth who have expressed suicidal ideas, have attempted suicide, or have mental health conditions that increase or could increase the risk of suicide. Makes eligible for such grants any Indian tribes and tribal organizations that operate one or more facilities: (1) located in Alaska and part of the Alaska Federal Health Care Access Network; (2) reporting active clinical telehealth capabilities; or (3) offering school-based telemental health services relating to psychiatry to Indian youth.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Facility and Material Security Act of 2008''. SEC. 2. NUCLEAR REACTOR DESIGNS REGARDING AIRCRAFT IMPACT. (a) Final Rule.--Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue a final rule requiring all commercial nuclear power reactors approved for construction after such date of enactment to be designed to withstand a large commercial aircraft impact. Such rule shall address the structural response, shock and vibration effects, and fire effects of the impact. (b) Required Design Features.--Such final rule shall require design features to ensure that-- (1) important safety functions will operate for a sufficient period of time after the impact of a large commercial aircraft so that the unit can be safely shut down and maintained in safe shutdown condition; and (2) the consequences of the impact will not result in a release of radioactive materials to the environment that causes a member of the surrounding community to receive a dose that triggers an evacuation recommendation, consistent with the levels established by the Environmental Protection Agency and the Public Protection Action Guide Limit for Evacuation and Shelter (EPA 400-R-92-001). SEC. 3. SPENT FUEL SECURITY ENHANCEMENTS. (a) Storage Rule.--Not later than 18 months after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue a final rule requiring-- (1) the configuration of spent fuel assemblies stored in spent fuel pools to minimize the risk of fire in the event the spent fuel pools are drained during an accident or terrorist attack; (2) spent nuclear fuel to be transferred from a spent fuel pool into dry cask storage at the earliest possible time that the heat load of the spent fuel material allows for such transfer to occur safely; and (3) mitigation features such as water-spray systems to cool spent fuel in the event spent fuel pools are drained during an accident or terrorist attack. (b) Independent Installation Security.-- (1) Rulemaking requirement.--Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue an Independent Spent Fuel Storage Installation security final rule that makes such installations subject to the security evaluation requirements of section 170D of the Atomic Energy Act of 1954 (42 U.S.C. 2210d). (2) Design basis threat.--The rule issued under paragraph (1) shall provide for incorporating Independent Spent Fuel Storage Installations into the design basis threat rule issued under section 170E of the Atomic Energy Act of 1954 (42 U.S.C. 2210e). SEC. 4. CONSIDERING THE RISK OF ACTS OF TERRORISM ON NUCLEAR FACILITIES. The Nuclear Regulatory Commission shall consider the likely consequences of a potential terrorist attack in any review it is required to undertake under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. POTASSIUM IODIDE. (a) Repeal of Waiver Authority.--Section 127(f) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-12 note) is repealed. (b) Jurisdictional Authority.--The Secretary of Health and Human Services shall exercise all Federal authority over the distribution of potassium iodide as a medical prophylaxis for radiological exposure in humans, including all activities under section 127 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-12 note). (c) NAS Studies.--Not later than June 30, 2011, and at least once every 5 years thereafter, the Secretary of Health and Human Services shall enter into an arrangement with the National Academy of Sciences for studies on appropriate emergency response plans to nonroutine releases of radioactive materials, including from nuclear power plants, spent fuel storage facilities, radiological dispersal devices, and improvised nuclear explosive devices. Such studies shall address evacuation, sheltering, food interdiction, and medical prophylaxes for radioiodine and other radioisotopes that are released in such events. Such studies shall-- (1) review relevant evacuations and food interdictions of the preceding five-year period for lessons learned; (2) identify the population that would be exposed by the release and evaluate the potential consequences of such exposure; (3) recommend best practices for emergency response to radiological releases; and (4) evaluate new research on medical prophylaxes for radioiodine and other radioisotopes released in such events and recommend whether additional medical prophylaxes should be procured for the Strategic National Stockpile or State and local stockpiles. (d) Secretary's Actions.--Based on the findings of the studies conducted under subsection (c), the Secretary of Health and Human Services shall-- (1) consider the advisability of procurement for the Strategic National Stockpile, and distribution to State and local governments, of medical prophylaxes other than potassium iodide, against radioiodine and other radiological byproducts; and (2) update the Federal potassium iodide distribution guidelines, including with lessons learned from evacuation events, as necessary. (e) Guidelines.--Section 127(c) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-12 note) is amended to read as follows: ``(c) Guidelines.--Not later than 60 days after the date of enactment of the Nuclear Facility and Material Security Act of 2008, the Secretary of Health and Human Services, in consultation with individuals representing appropriate Federal, State, and local agencies, shall establish guidelines for the stockpiling of potassium iodide tablets, and for the distribution and utilization of potassium iodide tablets in the event of a nuclear incident.''. SEC. 6. AUDIT OF SAFETY AND SECURITY ANALYSIS AND REVIEW ACTIVITIES. Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) is amended by adding at the end the following: ``audit of safety and security analysis and review activities ``Sec. 213. (a) There shall be established within the Office of the Inspector General of the Commission a unit with appropriate and adequate technical staff, including degreed engineers with nuclear power plant experience, which shall audit the Commission's regulatory oversight activities related to safety and security of civilian nuclear facilities. ``(b) There are authorized to be appropriated to the Commission, for carrying out this Act, such sums as may be necessary.''. SEC. 7. RADIATION SOURCE PROTECTION. (a) Categorization of Radiation Sources.--Section 170H f. of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(f)) is amended by adding at the end the following new paragraph: ``(4) Not later than 1 year after the date of the enactment of this paragraph, the task force shall-- ``(A) complete an evaluation of the materials listed in the Code of Conduct; ``(B) make recommendations to amend the Commission's regulatory requirements for certain radiation sources or activity levels of certain radiation sources to account for-- ``(i) risks associated with the deliberate dispersal of those materials from radiation sources, including dispersal for the purpose of causing the ingestion or inhalation of those materials; and ``(ii) the radiation source's potential to cause contamination of large areas, or economic and social disruption that could result from a terrorist attack; and ``(C) designate additional radiation sources for which the risks described in subparagraph (B)(i) and (ii) are particularly high as high-risk radiation sources for purposes of section 2(e) of the Nuclear Facility and Material Security Act of 2008. Upon completion of the recommendations under this paragraph, the Commission shall implement those recommendations by regulation.''. (b) Transportation of Radiation Sources.-- Not later than 18 months after the date of enactment of this Act, the Nuclear Regulatory Commission shall publish a final rule revising its regulations on the security requirements for the transportation of Category 1, 2, and 3 sources (as defined in the Code of Conduct referred to in section 170H a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(1))), including a requirement that shipments of Category 1, 2, and 3 sources be equipped with covert technology that would enable location tracking and recovery in the event the shipments or sources are stolen or diverted. (c) Radiation Source Licensing.--Not later than 18 months after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue a final rule requiring carriers and transporters transporting within the United States radiation sources (as defined in section 170H a.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(2))) to be licensed by the Commission. (d) National Radiation Source Tracking System.--Not later than 2 years after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue a final rule, pursuant to its authority to promote or protect the common defense and security under section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201), and in a manner that maximizes the use of appropriate State government capabilities, to revise Commission regulations with respect to the National Source Tracking System to require technologies and systems that can provide real-time tracking and enable locating-- (1) Category 1, 2, and 3 sources (as defined in the Code of Conduct referred to in section 170H a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(1))); and (2) radiation sources with \1/10\ or more of the activity threshold of such Category 3 sources. (e) High-Risk Radiation Sources Security and Replacement.-- (1) Rule.--Not later than 2 years after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue a final rule, pursuant to its authority to promote or protect the common defense and security under section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201), to establish requirements leading to the replacement of all high-risk radiation sources. Such rule shall include provisions that-- (A) discontinue licensing for each application of new high-risk radiation sources as soon as is practicable, but in no event later than 10 years after the date of enactment of this Act, unless technologically feasible alternatives are not available; (B) prescribe a new license fee structure, or other means of guaranteeing the availability of funds, for any new licenses of high-risk radiation sources to ensure that the costs of disposition of the high-risk radiation sources will be covered; (C) provide for incentives for decommissioning and replacing existing high-risk radiation sources; (D) prohibit the export of high-risk radiation sources to other countries; and (E) prescribe enhanced security measures for existing high-risk radiation sources. (2) Task force recommendations.--Not later than 4 years after the initial rule is issued under paragraph (1) or any update is issued under paragraph (3), the Task Force on Radiation Source Protection and Security established under section 170H f. of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(f)) shall review the rule or update and make recommendations for appropriate modifications to the rule or update to account for-- (A) the emergence of new technologies that can be used to replace high-risk radiation sources; and (B) new security threats or intelligence information regarding the risk of a deliberate attack using these radiation sources. (3) Nuclear regulatory commission review.--Taking into consideration the recommendations of the task force under paragraph (2), the Commission shall review and update the rule issued under paragraph (1) not less frequently than once every 5 years to account for-- (A) the emergence of new technologies that can be used to replace high-risk radiation sources; and (B) new security threats or intelligence information regarding the risk of a deliberate attack using these radiation sources. (4) Authorization of appropriations.--There are authorized to be appropriated to the Nuclear Regulatory Commission for carrying out paragraph (1)(C) such sums as may be necessary for the fiscal years 2009 through 2013. (5) Department of energy program.--There are authorized to be appropriated to the Secretary of Energy $50,000,000 for the period encompassing fiscal years 2009 through 2018 for the acceptance, storage, and disposition of high-risk radiation sources by the Department's United States Radiological Threat Reduction Program. (6) Definition.--For purposes of this subsection, the term ``high-risk radiation source'' means cesium chloride and any other radiation source that is designated by the Task Force on Radiation Source Protection and Security under section 170H f.(4)(C) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(f)(4)(C)).

Summary: Nuclear Facility and Material Security Act of 2008 - Directs the Nuclear Regulatory Commission (NRC) to issue a final rule requiring: (1) all commercial nuclear power reactors approved for construction after enactment of this Act to be designed to withstand a large commercial aircraft impact; and (2) certain spent fuel security enhancements. Directs the NRC to issue an Independent Spent Fuel Storage Installation security final rule that: (1) makes such installations subject to specified security evaluation requirements of the Atomic Energy Act of 1954; and (2) incorporates such installations into a certain design basis threat rule. Requires the NRC to consider the likely consequences of a potential terrorist attack in any review it is required to undertake under the National Environmental Policy Act of 1969. Amends the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 to repeal the statement that certain requirements to make potassium iodide tablets available to state and local governments for stockpiling shall cease to apply if the President determines that there is an alternative and more effective prophylaxis or preventive measures for adverse thyroid conditions that may result from the release of radionuclides from nuclear power plants. Vests the Secretary of Health and Human Services with all federal authority over the distribution of potassium iodide as a medical prophylaxis for radiological exposure in humans. Directs the Secretary to arrange with the National Academy of Sciences (NAS) for studies on appropriate emergency response plans to nonroutine releases of radioactive materials, including from nuclear power plants, spent fuel storage facilities, radiological dispersal devices, and improvised nuclear explosive devices. Directs the Secretary to establish guidelines for the stockpiling and distribution of potassium iodide tablets in the event of a nuclear incident. Amends the Energy Reorganization Act of 1974 to establish within the Office of the Inspector General of the NRC a unit with appropriate and adequate technical staff with nuclear power plant experience to audit NRC regulatory oversight regarding civilian nuclear facilities. Amends the Atomic Energy Act of 1954 to require the NRC to promulgate final rules governing radiation source protection measures. Directs the NRC to publish final rules: (1) revising regulations on security requirements for transportation of radiation sources; (2) requiring carriers and transporters transporting radiation sources within the United States to be licensed by the NRC; (3) revising National Source Tracking System regulations to require technologies and systems that can provide real-time tracking and enable locating of specified radiation sources; and (4) establishing requirements leading to the replacement of all high-risk radiation sources. Authorizes appropriations for the acceptance, storage, and disposition of high-risk radiation sources by the Department of Energy United States Radiological Threat Reduction Program.