SECTION 1. TEACHERS PROFESSIONAL DEVELOPMENT INSTITUTES. (a) In General.--Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``Subpart 6--Teachers Professional Development Institutes ``SEC. 2161. SHORT TITLE. ``This subpart may be cited as the `Teachers Professional Development Institutes Act'. ``SEC. 2162. FINDINGS AND PURPOSE. ``(a) Findings.--Congress makes the following findings: ``(1) Teaching is central to the educational process and the ongoing professional development of teachers in the subjects they teach is essential for improved student learning. ``(2) Attaining the goal of the No Child Left Behind Act of 2001 (Public Law 107-110)--having a classroom teacher who is highly effective in every academic subject the teacher teaches--will require innovative approaches to improve the effectiveness of teachers in the classroom. ``(3) The Teachers Institute Model focuses on the continuing academic preparation of schoolteachers and the application of what the teachers study to their classrooms and potentially to the classrooms of other teachers. ``(4) The Teachers Institute Model was developed initially by the Yale-New Haven Teachers Institute and has successfully operated in New Haven, Connecticut, for more than 30 years. ``(5) The Teachers Institute Model has also been successfully implemented in cities larger than New Haven. ``(6) In the spring of 2009, a report entitled `An Evaluation of Teachers Institute Experiences' concluded that-- ``(A) Teachers Institutes enhance precisely those teacher qualities known to improve student achievement; ``(B) Teachers Institutes exemplify the crucial characteristics of high-quality teacher professional development; and ``(C) Teachers Institute participation is strongly related to teacher retention in high-poverty schools. ``(b) Purpose.--The purpose of this subpart is to provide Federal assistance to support the establishment and operation of Teachers Institutes for local educational agencies that serve significant low- income student populations in States throughout the Nation, in order to-- ``(1) improve student learning; and ``(2) enhance the quality and effectiveness of teaching and strengthen the subject matter mastery and the pedagogical skills of current teachers through continuing teacher preparation. ``SEC. 2163. DEFINITIONS. ``In this subpart: ``(1) Significant low-income student population.--The term `significant low-income student population' means a student population of which not less than 40 percent of the students included are eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act. ``(2) Teachers institute.--The term `Teachers Institute' means a partnership or joint venture-- ``(A) between or among-- ``(i) 1 or more institutions of higher education; and ``(ii) 1 or more local educational agencies that serve 1 or more schools with significant low-income student populations; and ``(B) that improves the effectiveness of teachers in the classroom, and the quality of teaching and learning, through collaborative seminars designed to enhance both the subject matter and the pedagogical resources of the seminar participants. ``SEC. 2164. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants under this subpart in order to encourage the establishment and operation of Teachers Institutes. ``(b) Technical Assistance.--The Secretary may reserve not more than 50 percent of the funds appropriated to carry out this subpart to provide technical assistance to facilitate the establishment and operation of Teachers Institutes. The Secretary may contract with the Yale-New Haven Teachers Institute to provide all or part of the technical assistance under this subsection. ``(c) Selection Criteria.--In selecting Teachers Institutes to support through grants under this subpart, the Secretary shall consider-- ``(1) the extent to which a proposed Teachers Institute will serve schools that have significant low-income student populations; ``(2) the extent to which a proposed Teachers Institute will follow the understandings and necessary procedures described in section 2166; ``(3) the extent to which each local educational agency participating in the Teachers Institute has a high percentage of teachers who are unprepared or underprepared to teach the core academic subjects the teachers are assigned to teach; and ``(4) the extent to which a proposed Teachers Institute will receive a level of support from the community and other sources that will ensure the requisite long-term commitment for the success of a Teachers Institute. ``(d) Consultation.-- ``(1) In general.--In evaluating applications using the criteria under subsection (c), the Secretary may request the advice and assistance of the Yale-New Haven Teachers Institute or other Teachers Institutes. ``(2) State agencies.--If the Secretary receives 2 or more applications for grants under this subpart from local educational agencies within the same State, the Secretary shall consult with the State educational agency regarding the applications. ``(e) Fiscal Agent.--The fiscal agent for the receipt of grant funds under this subpart shall be an institution of higher education participating in the partnership or joint venture, as described in section 2163(2)(A), that is establishing or operating the Teachers Institute. ``(f) Limitations.--A grant under this subpart-- ``(1) shall provide grant funds for a period of not more than 5 years; and ``(2) shall be in an amount that is not more than 50 percent of the total costs of the eligible activities supported under the grant, as determined by the Secretary. ``SEC. 2165. ELIGIBLE ACTIVITIES. ``Grant funds under this subpart may be used-- ``(1) for the planning, development, establishment, and operation of a Teachers Institute; ``(2) for additional assistance to an established Teachers Institute for its further development and for its support of the planning, development, establishment, and operation of a Teachers Institute under paragraph (1); ``(3) for the salary and necessary expenses of a full-time director for a Teachers Institute to plan and manage the Teachers Institute and to act as a liaison between all local educational agencies and institutions of higher education participating in the Teachers Institute; ``(4) to provide suitable office space, staff, equipment, and supplies, and to pay other operating expenses, for the Teachers Institute; ``(5) to provide a stipend for teachers participating in the collaborative seminars conducted by the Institute in the sciences and humanities and to provide remuneration for members of the faculty of the participating institution of higher education leading the seminars; and ``(6) to provide for the dissemination, through print and electronic means, of curriculum units prepared in the seminars conducted by the Teachers Institute. ``SEC. 2166. UNDERSTANDINGS AND PROCEDURES. ``A grantee receiving a grant under this subpart shall abide by the following understandings and procedures: ``(1) Partnership.--The essential relationship of a Teachers Institute is a partnership between a local educational agency and an institution of higher education. A grantee shall demonstrate a long-term commitment on behalf of the participating local educational agency and institution of higher education to the support, including the financial support, of the work of the Teachers Institute. ``(2) Seminars.--A Teachers Institute sponsors seminars led by faculty of the institution of higher education partner and attended by teachers from the local educational agency partner. A grantee shall provide participating teachers the ability to play an essential role in planning, organizing, conducting, and evaluating the seminars and in encouraging the future participation of other teachers. ``(3) Curriculum unit.--A seminar described in paragraph (2) uses a collaborative process, in a collegial environment, to develop a curriculum unit for use by participating teachers that sets forth the subject matter to be presented and the pedagogical strategies to be employed. A grantee shall enable participating teachers to develop a curriculum unit, based on the subject matter presented, for use in the teachers' classrooms. ``(4) Eligibility and remuneration.--Seminars are open to all partnership teachers with teaching assignments relevant to the seminar topics. Seminar leaders receive remuneration for their work and participating teachers receive an honorarium or stipend upon the successful completion of the seminar. A grantee shall provide seminar leaders and participating teachers with remuneration to allow them to participate in the Teachers Institute. ``(5) Direction.--The operations of a Teachers Institute are managed by a full-time director who reports to both partners but is accountable to the institution of higher education partner. A grantee shall appoint a director to manage and coordinate the work of the Teachers Institute. ``(6) Evaluation.--A grantee shall annually review the activities of the Teachers Institute and disseminate the results to members of the Teachers Institute's partnership community. ``SEC. 2167. APPLICATION, APPROVAL, AND AGREEMENT. ``(a) In General.--To receive a grant under this subpart, a Teachers Institute, or a partnership or joint venture described in section 2163(2)(A) that is proposing to establish a Teachers Institute, shall submit an application to the Secretary that-- ``(1) meets the requirement of this subpart and any regulations under this subpart; ``(2) includes a description of how the applicant intends to use funds provided under the grant; ``(3) includes such information as the Secretary may require to apply the criteria described in section 2164(c); ``(4) includes measurable objectives for the use of the funds provided under the grant; and ``(5) contains such other information and assurances as the Secretary may require. ``(b) Approval.--The Secretary shall-- ``(1) promptly evaluate an application received for a grant under this subpart; and ``(2) notify the applicant, within 90 days of the receipt of a completed application, of the Secretary's determination. ``(c) Agreement.--Upon approval of an application, the Secretary and the applicant shall enter into a comprehensive agreement covering the entire period of the grant. ``SEC. 2168. REPORTS AND EVALUATIONS. ``(a) Report.--Each grantee under this subpart shall report annually to the Secretary on the progress of the Teachers Institute in achieving the purpose of this subpart. ``(b) Evaluation and Dissemination.--The Secretary shall evaluate the activities funded under this subpart and submit an annual report regarding the activities assisted under this subpart to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. The Secretary shall broadly disseminate successful practices developed by Teachers Institutes. ``(c) Revocation.--If the Secretary determines that a grantee is not making substantial progress in meeting the purposes of the grant by the end of the second year of the grant under this subpart, the Secretary may take appropriate action, including revocation of further payments under the grant, to ensure that the funds available under this subpart are used in the most effective manner. ``SEC. 2169. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for grants (including planning grants) and technical assistance under this subpart-- ``(1) $4,000,000 for fiscal year 2011; ``(2) $5,000,000 for fiscal year 2012; ``(3) $6,000,000 for fiscal year 2013; ``(4) $7,000,000 for fiscal year 2014; and ``(5) $8,000,000 for fiscal year 2015.''. (b) Table of Contents.--The table of contents of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2151 the following: ``subpart 6--teachers professional development institutes ``Sec. 2161. Short title. ``Sec. 2162. Findings and purpose. ``Sec. 2163. Definitions. ``Sec. 2164. Program authorized. ``Sec. 2165. Eligible activities. ``Sec. 2166. Understandings and procedures. ``Sec. 2167. Application, approval, and agreement. ``Sec. 2168. Reports and evaluations.''.

Summary: Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to: (1) award grants to encourage the establishment and operation of Teachers Institutes; and (2) provide technical assistance, all or some of which may be provided through the Yale-New Haven Teachers Institute, to assist local educational agencies (LEAs) and institutions of higher education (IHEs) in establishing and operating Teachers Institutes. Sets forth selection criteria, including consideration of the extent to which the proposed Institute will serve schools that have a significant low-income population. Defines a Teachers Institute as a partnership or joint venture between one or more IHEs and one or more LEAs serving one or more schools with significant low-income populations that is established to improve the quality of teaching and learning through collaborative seminars.


SECTION 1. SHORT TITLE. This Act may be cited as the ``International Statistical Information and Analysis Act of 1993''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Both the public and private sectors in the United States would benefit from the collection, analysis, and dissemination of reliable statistical information about the independent states of the former Soviet Union and the Baltic states. (2) Statistical information about the independent states of the former Soviet Union and the Baltic states can be used in policy development on issues ranging from domestic and foreign trade to international population growth, health, and the environment. United States Government statistical agencies could use data collected in the independent states and the Baltic states to develop statistical comparisons between the United States and the rest of the world. (3) Reliable economic statistical information can also assist United States businesses in identifying trade and investment opportunities in the independent states of the former Soviet Union and the Baltic states. (4) Reliable information is needed about economic performance at both the macro and micro-economic levels as the independent states of the former Soviet Union and the Baltic states make the transition from a centrally planned economy to a free market economy. (5) Reliable economic statistical information is especially important in evaluating the effectiveness of assistance provided to the independent states of the former Soviet Union and the Baltic states by the United States Government, by nongovernmental organizations, and by international financial institutions. (6) Such evaluations would be facilitated by annual reports, prepared by the Secretary of Commerce with the assistance of United States Government statistical agencies, assessing the progress being made by the independent states of the former Soviet Union and the Baltic states in establishing a free market economy. (7) United States Government statistical agencies (such as the Bureau of the Census of the Department of Commerce, the Bureau of Labor Statistics of the Department of Labor, the Bureau of Economic Analysis of the Department of Commerce, and the National Agricultural Statistics Service of the Department of Agriculture) have been involved in providing statistical assistance to foreign countries for more than 40 years. (8) United States Government statistical agencies have set the standard for modern statistical methodology used throughout the world. (9) United States Government statistical agencies have the personnel, facilities, expertise, and other resources to provide training and other technical assistance to the independent states of the former Soviet Union and the Baltic states with respect to the collection, analysis, and dissemination of economic statistical data. In addition, to the extent that the independent states or Baltic states use non- standard collection methods, United States Government statistical agencies have the ablility to reconcile discrepant data, thereby increasing its usefulness. SEC. 3. ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT STATES OF THE FORMER SOVIET UNION AND BALTIC STATES. (a) Amendment to Title 13.--Title 13 of the United States Code is amended by adding at the end the following: ``CHAPTER 11--ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT STATES OF THE FORMER SOVIET UNION AND BALTIC STATES ``Sec. ``501. Preparation and publication of analysis. ``502. Definitions. ``Sec. 501. Preparation and publication of analysis ``(a) The Secretary shall prepare and submit to the Congress each year a report analyzing the progress being made by the the independent states of the former Soviet Union and the Baltic states in establishing a free market economy. ``(b) In preparing the reports required by subsection (a), the Secretary shall draw upon the information collected and the analysis performed under the auspices of the International Statistical Assistance Coordinating Committee established pursuant to section 4 of the International Statistical Information and Analysis Coordination Act of 1993. ``(c) The first report pursuant to subsection (a) shall be submitted as soon as reliable economic statistical information is available about the independent states of the former Soviet Union and the Baltic states, but not later than 5 years after the date of enactment of this chapter. ``Sec. 502. Definitions ``As used in this chapter-- ``(1) the term `independent states of the former Soviet Union' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and ``(2) the term `Baltic states' means Estonia, Latvia, and Lithuania.''. (b) Amendment to Table of Chapters.--The table of chapters at the beginning of title 13, United States Code, is amended by adding at the end the following new item: ``11. Economic statistical analysis regarding independent 501''. states of the former Soviet Union and Baltic states. SEC. 4. INTERNATIONAL STATISTICAL ASSISTANCE COORDINATING COMMITTEE. (a) Establishment and Membership.--The President shall establish an interagency committee to be known as the ``International Statistical Assistance Coordinating Committee'' (hereinafter in this Act referred to as the ``Coordinating Committee''). The Coordinating Committee shall consist of a representative of each of the following: (1) The Office of Management and Budget. (2) The Bureau of the Census of the Department of Commerce. (3) The Bureau of Labor Statistics of the Department of Labor. (4) The Bureau of Economic Analysis of the Department of Commerce. (5) The National Agricultural Statistics Service of the Department of Agriculture. (6) The Agency for International Development. (b) Functions.--Consistent with section 104(a) of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (relating to Department of State coordination of assistance to the independent states of the former Soviet Union), the Coordinating Committee-- (1) shall determine priorities for providing training and other technical assistance to develop capabilities to monitor economic performance in the independent states of the former Soviet Union and the Baltic states through the collection, analysis, and dissemination of economic statistical data; (2) shall use the expertise of its constituent agencies in providing such assistance; (3) shall be responsible for coordinating such assistance with comparable assistance provided or coordinated by international or multilateral organizations or agencies; and (4) shall provide for the analysis by its constituent agencies of economic statistical data regarding the independent states of the former Soviet Union and the Baltic states and for the dissemination of such analysis to United States businesses and other interested parties, including dissemination through the annual report required by section 501 of title 13, United States Code. (c) Annual Reports.--The Coordinating Committee shall prepare an annual report describing the assistance provided through the Coordinating Committee pursuant to this section. Such report shall be submitted to the Congress as part of the annual congressional presentation materials on international economic assistance. SEC. 5. UNITED STATES ASSISTANCE TO IMPROVE MONITORING OF ECONOMIC PERFORMANCE IN INDEPENDENT STATES OF THE FORMER SOVIET UNION AND BALTIC STATES. (a) Statistical Capability Assistance.--United States assistance that is provided to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states shall include training and other technical assistance to develop capabilities to monitor economic performance in those republics and states through the collection, analysis, and dissemination of economic statistical data. (b) International Statistical Assistance Coordinating Committee.-- The assistance required by subsection (a) shall be coordinated through the Coordinating Committee and shall otherwise be provided in accordance with section 4(b). (c) Funding.--It is the sense of the Congress that at least $3,000,000 of the funds allocated for each of the fiscal years 1994 through 1998 for United States economic assistance to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states should be used for training and other technical assistance pursuant to this section. SEC. 6. DEFINITIONS. As used in this Act-- (1) the term ``independent states of the former Soviet Union'' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and (2) the term ``Baltic states'' means Estonia, Latvia, and Lithuania.

Summary: International Statistical Information and Analysis Act of 1993 - Directs the Secretary of Commerce to prepare and submit to the Congress an annual report analyzing the progress being made by the independent states of the former Soviet Union and the Baltic states in establishing a free market economy. Requires the President to establish an interagency committee to be known as the International Statistical Assistance Coordinating Committee to: (1) determine priorities for providing training and other technical assistance to monitor economic performance in such countries through the collection and analysis of economic statistical data; (2) coordinate such assistance with assistance provided by international or multilateral organizations; and (3) provide for analysis by its constituent agencies of economic statistical data regarding such countries and for the dissemination of such analysis to U.S. businesses and other interested parties. Requires U.S. assistance that is provided to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states to include training and other technical assistance to develop capabilities to monitor economic performance through the collection and analysis of economic statistical data. Expresses the sense of the Congress that a specified amount of funds allocated for U.S. assistance to encourage the development of free market systems in such countries be used for such training and assistance.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Affinity Scams for Seniors Act of 2010'' or the ``PASS Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) Financial exploitation of the elderly is becoming an increasingly familiar problem. Regular review of news headlines reveals that elders and vulnerable adults are victimized routinely by frauds and scams at the hands of strangers as well as loved ones. (2) Older individuals may be targeted merely because they possess more assets, such as savings, annuities, and retirement accounts, stocks and bonds, insurance policies, and property than younger people. People over 50 years of age control at least 70 percent of the net worth of the nation's households. (3) Those elders with cognitive impairments, mental health conditions, or physical disabilities may be dependent upon others (family members, friends, formal and informal caregivers, or court-appointed representatives) for assistance in making financial decisions or carrying out daily transactions, and therefore may be even more vulnerable to theft, exploitation, or undue influence. (4) Affinity scams on seniors involve transactions in which a person trusted by the senior uses the relationship to defraud the senior. Millions of elderly are scammed each year, losing at least 2,600,000,000 a year to thieves, many of whom are in their own families (conservative estimate given of the schemes left unreported). (5) Elder financial abuse is commonly linked with other forms of abuse and neglect and threatens the health, dignity, and economic security of millions of older Americans. Elder financial abuse has received limited attention because it is not regarded as visible, life-threatening, or newsworthy as is the physical or sexual abuse of elders. (6) Financial exploitation can be devastating to the victim and is often traced to family members, trusted friends, or caregivers. Financial abuse often occurs with the implied acknowledgment and consent of the elder person and can be more difficult to detect. (7) Elder financial abuse affects elders and their families in significant and long-lasting ways by putting enormous emotional duress on the elders, increasing their risk of depression, decreasing their quality of life, and increasing unnecessary institutionalization. (8) The financial services industry is often the first to detect a change in the pattern of customers with whom they have regular contact. This puts institutions in a unique position to assist in protecting customers and upholding the inherent trust relationship with clients. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Affinity scam.--The term ``affinity scam'' means a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, ``new friend'', or service provider, claims to share similar interests or values with the senior, establishes a relationship with the senior (either on the person's own initiative or through some other method, such as a court-appointed guardianship), and then uses the relationship to defraud the senior. (2) Financial institution.--The term ``financial institution'' means-- (A) an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)); (B) a credit union; and (C) a thrift institution. (3) Senior.--The term ``senior'' means an individual who is at least 65 years of age. SEC. 4. AFFINITY SCAM EDUCATION AND TRAINING. (a) Staff Education and Training.--Each financial institution shall-- (1) educate the staff of the financial institution about affinity scams and how to identify transactions that may be part of an affinity scam; and (2) train staff members on educating seniors about affinity scams. (b) Senior Customer Education.--Each financial institution shall provide educational materials and other information to seniors who maintain a deposit account with the financial institution about affinity scams and how to identify transactions that may be part of an affinity scam. (c) Education and Training Oversight.--The Bureau of Consumer Financial Protection shall-- (1) issue such regulations as are necessary to carry out this section; and (2) periodically audit financial institutions to ensure compliance with such regulations. SEC. 5. SENIOR PROTECTION ACCOUNTS. (a) In General.--Each financial institution shall offers seniors a type of checking account to be known as a ``senior protection account''. (b) Senior Protection Account Requirements.-- (1) In general.--With respect to a senior who maintains a senior protection account with a financial institution, if the financial institution receives a transaction request to debit such account and, before processing the transaction, the financial institution identifies the transaction as possibly being part of an affinity scam, the financial institution shall-- (A) not process the transaction; and (B) initiate an investigation in order to determine if such transaction is part of an affinity scam or is legitimate. (2) Investigation.--With respect to a transaction that is the basis of an investigation described under paragraph (1)(B), a financial institution shall-- (A) notify the senior whose account the transaction would debit, if processed, that the financial institution-- (i) has identified the transaction as possibly being part of an affinity scam; and (ii) has not yet processed the transaction, pending the result of an investigation; (B) if the financial institution determines that the transaction is part of an affinity scam-- (i) notify the senior of such determination; (ii) refer such transaction to the appropriate law enforcement agency; and (iii) report such transaction to the Bureau of Consumer Financial Protection; and (C) if the financial institution does not determine that the transaction is part of an affinity scam-- (i) notify the senior of such determination; and (ii) process such transaction not later than 7 business days from the date on which the investigation was started, unless instructed otherwise by the senior. (3) Designation of staff person.--Each financial institution shall designate a single staff person who shall be notified whenever a staff person identifies a transaction that is possibly part of an affinity scam. (4) Liability.--A financial institution that fails to process a transaction or that refers a transaction to law enforcement pursuant to the requirements of this subsection shall not be liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, or under any contract or other legally enforceable agreement (including any arbitration agreement), for such failure or referral. (c) Rulemaking.--The Secretary of the Treasury shall issue such regulations as are necessary to carry out this section. (d) Tax Deduction.-- (1) In general.--The Secretary of the Treasury shall by regulation establish a deduction to be allowed in computing the taxable income of financial institutions for purposes of the Internal Revenue Code of 1986. (2) Amount of deduction.--Such deduction with respect to any financial institution for a taxable year shall be an amount equal to 0.77 percent of the average of the amount of deposits held by such financial institution in senior protection accounts for each day during such taxable year. (e) Civil Liability.--Any financial institution that fails to comply with any provision of this section with respect to a senior shall be liable to such senior in an amount equal to the sum of the following: (1) Actual damages.--The amount of any actual damage sustained by the senior as a result of such failure. (2) Attorneys' fees.--In the case of any successful action to enforce any liability under paragraph (1), the costs of the action, together with reasonable attorneys' fees. (f) Nondiscrimination.--A financial institution may not discriminate against seniors in any fees or other charges required by the financial institution in order to cover the cost to the financial institution of implementing the requirements of this Act. SEC. 6. ADDING AFFINITY SCAMS TARGETING SENIORS TO THE SUSPICIOUS TRANSACTION REPORTING REQUIREMENT. Section 5318(g)(1) of title 31, United States Code, is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(A) Possible violation of law or regulation.--The Secretary''; and (2) by adding at the end the following new subparagraph: ``(B) Possible affinity scam targeting seniors.-- ``(i) In general.--The Secretary shall require each financial institution, and each director, officer, employee, or agent of such financial institution, to report any suspicious transaction relevant to a possible affinity scam. ``(ii) Definitions.--For purposes of this subparagraph: ``(I) Affinity scam.--The term `affinity scam' means a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, `new friend', or service provider, claims to share similar interests or values with the senior, establishes a relationship with the senior (either on the person's own initiative or through some other method, such as a court-appointed guardianship), and then uses the relationship to defraud the senior. ``(II) Senior.--The term `senior' means an individual who is at least 65 years of age.''. SEC. 7. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect after the end of the 6-month period beginning on the date of the enactment of this Act.

Summary: Preventing Affinity Scams for Seniors Act of 2010 or PASS Act of 2010 - Defines "affinity scam" as a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, "new friend," or service provider, claims to share similar interests or values and establishes a relationship with the senior, then uses the relationship to defraud the senior. Requires each financial institution to: (1) educate its staff about affinity scams and how to identify transactions that may be part of an affinity scam; (2) train staff members on educating seniors about affinity scams; (3) provide senior depositors with educational materials on how to identify affinity scams; and (4) offer seniors a "senior protection (checking) account." Directs the Bureau of Consumer Financial Protection to: (1) issue implementing regulations; and (2) audit financial institutions periodically to ensure compliance with them. Sets forth senior protection account requirements, including protective measures to block and investigate transactions suspected of being an affinity scam. Instructs the Secretary of the Treasury to establish an income tax deduction of .77% of the average of the amount of deposits held by a financial institution in senior protection accounts. Subjects a noncompliant financial institution to a civil liability with respect to a senior who has sustained actual damage as a result of the institution's failure to comply with this Act. Directs the Secretary to require each financial institution, and each of its directors, officers, employees, or agents, to report any suspicious transaction relevant to a possible affinity scam.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Environmental Protection Act''. SEC. 2. REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT OF ENVIRONMENTAL PROTECTION. (a) Redesignation.--The Environmental Protection Agency is redesignated as the Department of Environmental Protection (hereinafter in this Act referred to as the ``Department''), and shall be an executive department in the executive branch of the Government. (b) Secretary of Environmental Protection.--(1) There shall be at the head of the Department a Secretary of Environmental Protection (hereinafter in this Act referred to as the ``Secretary'') who shall be appointed by the President, by and with the advice and consent of the Senate, except as provided in paragraph (2). (2) If so designated by the President, the individual who has been nominated and confirmed and is serving as the Administrator of the Environmental Protection Agency on the date of enactment of this Act shall become the Secretary of Environmental Protection, without reconfirmation by the Senate. (c) Transfer of Function, Powers, and Duties.--The functions, powers, and duties of each officer and employee of the Environmental Protection Agency are transferred to and vested in the corresponding officer or employee of the Department. (d) Delegation of Authority.--The Secretary may, consistent with other laws-- (1) delegate any functions, powers, or duties, including the promulgation of regulations, to such officers and employees of the Department as the Secretary may designate; and (2) authorize such successive redelegations of such functions, powers, or duties within the Department as the Secretary considers necessary or appropriate. SEC. 3. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, reorganization plan, or delegation of authority, or in any document-- (1) to the Environmental Protection Agency is deemed to refer to the Department of Environmental Protection; (2) to the Administrator of the Environmental Protection Agency is deemed to refer to the Secretary of Environmental Protection; and (3) to a subordinate official of the Environmental Protection Agency is deemed to refer to the corresponding official of the Department of Environmental Protection. SEC. 4. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, privileges, agreements, registrations, and other administrative actions-- (1) which have been issued, made, granted or allowed to become effective by the President, the Administrator or other authorized official of the Environmental Protection Agency, or by a court of competent jurisdiction, which relate to functions of the Administrator or any other officer or agent of the Environmental Protection Agency actions; and (2) which are in effect on the date of the enactment of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, by a court of competent jurisdiction, or by operation of law. (b) Proceedings not Affected.--(1) This Act shall not affect any proceeding, proposed rule, or application for any license, permit, certificate, registration, or financial assistance pending before the Environmental Protection Agency on the date of the enactment of this Act, and the effect of any such proceeding, proposed rule, or application shall continue. Orders shall be issued, and final determinations shall be made, in any such proceeding, proposed rule, or application, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued with respect to any such proceeding, proposed rule, or application shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (2) Nothing in this subsection prohibits the discontinuance or modification of any such proceeding, proposed rule, or application under the same terms and conditions and to the same extent that such proceeding, proposed rule, or application could have been discontinued or modified if this Act had not been enacted. (c) Suits not Affected.--The provisions of this Act shall not affect suits commenced before the date of enactment of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced before the date of enactment of this Act by or against the Environmental Protection Agency, or by or against any individual in the official capacity of such individual as an officer of the Environmental Protection Agency, shall abate by reason of the enactment of this Act. (e) Property and Resources.--The contracts, liabilities, records, property, and other assets and interests of the Environmental Protection Agency shall, after the date of enactment of this Act, be considered to be the contracts, liabilities, records, property, and other assets and interests of the Department of Environmental Protection. SEC. 5. CONFORMING AMENDMENTS. After consultation with the appropriate committees of Congress, the Secretary shall prepare and submit to Congress proposed legislation containing necessary and appropriate technical and conforming amendments to the laws of the United States, to reflect the changes made by this Act. Such proposed legislation shall be submitted not later than one year after the date of enactment of this Act.

Summary: Department of Environmental Protection Act - Redesignates the Environmental Protection Agency as an executive department, the Department of Environmental Protection, to be headed by a Secretary of Environmental Protection who shall be appointed by the President.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Alcohol Tax Equalization Act''. SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC EQUIVALENT OF TAXES ON DISTILLED SPIRITS. (a) Wine.-- (1) Wines containing not more than 14 percent alcohol.-- Paragraph (1) of section 5041(b) of the Internal Revenue Code of 1986 (relating to rates of tax on wines) is amended by striking ``$1.07'' and inserting ``$2.97''. (2) Wines containing more than 14 (but not more than 21) percent alcohol.--Paragraph (2) of section 5041(b) of such Code is amended by striking ``$1.57'' and inserting ``$4.86''. (3) Wines containing more than 21 (but not more than 24) percent alcohol.--Paragraph (3) of section 5041(b) of such Code is amended by striking ``$3.15'' and inserting ``$6.08''. (b) Beer.-- (1) In general.--Paragraph (1) of section 5051(a) of such Code (relating to imposition and rate of tax on beer) is amended by striking ``$18'' and inserting ``$37.67''. (2) Small brewers.--Subparagraph (A) of section 5051(a)(2) of such Code (relating to reduced rate for certain domestic production) is amended by striking ``$7'' each place it appears and inserting ``$26.67''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1995. (d) Floor Stocks Taxes.-- (1) Imposition of tax.-- (A) In general.--In the case of any tax-increased article-- (i) on which tax was determined under part I of subchapter A of chapter 51 of the Internal Revenue Code of 1986 or section 7652 of such Code before January 1, 1995, and (ii) which is held on such date for sale by any person, there shall be imposed a tax at the applicable rate on each such article. (B) Applicable rate.--For purposes of clause (i), the applicable rate is-- (i) $1.90 per wine gallon in the case of wine described in paragraph (1) of section 5041(b) of such Code, (ii) $3.29 per wine gallon in the case of wine described in paragraph (2) of section 5041(b) of such Code, (iii) $2.93 per wine gallon in the case of wine described in paragraph (3) of section 5041(b) of such Code, and (iv) $19.67 per barrel in the case of beer. In the case of a fraction of a gallon or barrel, the tax imposed by subparagraph (A) shall be the same fraction as the amount of such tax imposed on a whole gallon or barrel. (C) Tax-increased article.--For purposes of this subsection, the term ``tax-increased article'' means wine described in paragraph (1), (2), or (3) of section 5041(b) of such Code and beer. (2) Exception for certain small wholesale or retail dealers.--No tax shall be imposed by subparagraph (A) on tax- increased articles held on January 1, 1995, by any dealer if-- (A) the aggregate liquid volume of tax-increased articles held by such dealer on such date does not exceed 500 wine gallons, and (B) such dealer submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (3) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding any tax- increased article on January 1, 1995, to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before June 30, 1995. (4) Controlled groups.-- (A) Corporations.--In the case of a controlled group, the 500 wine gallon amount specified in paragraph (2), shall be apportioned among the dealers who are component members of such group in such manner as the Secretary shall by regulations prescribe. For purposes of the preceding sentence, the term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated dealers under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of dealers under common control where 1 or more of such dealers is not a corporation. (5) Other laws applicable.-- (A) In general.--All provisions of law, including penalties, applicable to the comparable excise tax with respect to any tax-increased article shall, insofar as applicable and not inconsistent with the provisions of this paragraph, apply to the floor stocks taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by the comparable excise tax. (B) Comparable excise tax.--For purposes of subparagraph (A), the term ``comparable excise tax'' means-- (i) the tax imposed by section 5041 of such Code in the case of wine, and (ii) the tax imposed by section 5051 of such Code in the case of beer. (6) Definitions.--For purposes of this subsection-- (A) In general.--Terms used in this paragraph which are also used in subchapter A of chapter 51 of such Code shall have the respective meanings such terms have in such part. (B) Person.--The term ``person'' includes any State or political subdivision thereof, or any agency or instrumentality of a State or political subdivision thereof. (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES. (a) General Rule.--Subpart E of part I of subchapter A of chapter 51 of the Internal Revenue Code of 1986 is amended by inserting before section 5061 the following new section: ``SEC. 5060. INDEXATION OF RATES. ``(a) General Rule.--Effective during each calendar year after 1995, each tax rate set forth in subsection (b) shall be increased by an amount equal to-- ``(1) such rate as in effect without regard to this section, multiplied by ``(2) the cost-of-living adjustment for such calendar year determined under section 1(f)(3) by substituting `calendar year 1994' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of 1 cent. ``(b) Tax Rates.--The tax rates set forth in this subsection are the rates contained in the following provisions: ``(1) Paragraphs (1) and (3) of section 5001(a). ``(2) Paragraphs (1), (2), (3), (4), and (5) of section 4041(b). ``(3) Paragraphs (1) and (2)(A) of section 5051(a).'' (b) Technical Amendment.--Paragraphs (1)(A) and (2) of section 5010(a) are each amended by striking ``$13.50'' and inserting ``the rate in effect under section 5001(a)(1)''. (c) Clerical Amendment.--The table of sections for subpart E of part I of subchapter A of chapter 51 of such Code is amended by inserting before the item relating to section 5061 the following new item: ``Sec. 5060. Indexation of rates.'' SEC. 4. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND. (a) General Rule.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end thereof the following new section: ``SEC. 9512. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Mental Health and Substance Abuse Benefits Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Mental Health and Substance Abuse Benefits Trust Fund amounts equivalent to the additional taxes received in the Treasury under chapter 51 by reason of the amendments made by sections 2 and 3 of the Alcohol Tax Equalization Act. ``(c) Expenditures From Trust Fund.--Amounts in the Mental Health and Substance Abuse Benefits Trust Fund shall be available, as provided in appropriation Acts, for purposes of providing mental health and substance abuse benefits under health care reform legislation hereafter enacted.'' (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 is amended by adding at the end thereof the following new item: ``Sec. 9512. Mental health and substance abuse benefits trust fund.''

Summary: Alcohol Tax Equalization Act - Amends the Internal Revenue Code to increase the excise taxes on wine and beer to the alcoholic equivalent of taxes on distilled spirits. Indexes such tax rates based on the cost-of-living adjustment for calendar year 1994. Establishes the Mental Health and Substance Abuse Benefits Trust Fund. Appropriates amounts received under this Act to such Fund.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Media Protection Act of 1995''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On average, a child in the United States is exposed to 27 hours of television each week, and some children are exposed to as much as 11 hours of television each day. (2) The average American child watches 8,000 murders and 100,000 acts of other violence on television by the time the child completes elementary school. (3) By the age of 18 years, the average American teenager has watched 200,000 acts of violence on television, including 40,000 murders. (4) The Times Mirror Center reports that a recent poll of Americans indicates that 72 percent of the American people believe that there is too much violence on television, and, according to a survey by U.S. News and World Report dated May 1994, 91 percent of American voters believe that mayhem in the media contributes to violence in real life. (5) On several occasions since 1975, The Journal of the American Medical Association has alerted the medical community to the adverse effects of televised violence on child development, including an increase in the level of aggressive behavior and violent behavior among children who view it. (6) The National Commission on Children recommended in 1991 that producers of television programs exercise greater restraint in the content of programming for children. (7) A report of the Harry Frank Guggenheim Foundation, dated May 1993, indicates that there is an irrefutable connection between the amount of violence depicted in the television programs watched by children and increased aggressive behavior among children. (8) It is in the national interest that parents be empowered with the technology to block the viewing of television programs that are clearly inappropriate for children because of their sexual, violent, or indecent content. (9) Technology currently exists to permit the manufacture of television receivers that are capable of permitting parents to block such television programs. SEC. 3. ESTABLISHMENT OF TELEVISION RATING CODE. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end the following: ``(v) Prescribe-- ``(1) on the basis of recommendations from an advisory committee established by the Commission that is composed of television broadcasters, television programming producers, cable operators, appropriate public interest groups, and other interested individuals from the private sector and that is fairly balanced in terms of the points of view represented and the functions to be performed by the committee, rules to identify and rate sexual, violent, and indecent television programming that is clearly inappropriate for children, and ``(2) rules for the transmission by distributors of television programming of signals that contain an identification of the rating (pursuant to the rules prescribed under paragraph (1)) of the programming being distributed and that permit television viewers to block sexual, violent, and indecent television programming that is clearly inappropriate for children.''. SEC. 4. REQUIREMENT FOR MANUFACTURE OF TELEVISIONS THAT BLOCK PROGRAMS. Section 303 of the Communications Act of 1934 (47 U.S.C. 303), as amended by section 3, is further amended by adding at the end the following: ``(w) Require, in the case of apparatus designed to receive television signals that are manufactured in the United States or imported for use in the United States and that have a picture screen 13 inches or greater in size (measured diagonally), that such apparatus-- ``(1) be equipped with circuitry designed to enable viewers to block the display of channels, programs, and time slots; and ``(2) enable viewers to block display of all programs with a common rating.''. SEC. 5. SHIPPING OR IMPORTING OF TELEVISIONS THAT BLOCK PROGRAMS. (a) Regulations.--Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by adding after subsection (b) the following new subsection (c): ``(c)(1) Except as provided in paragraph (2), no person shall ship in interstate commerce, manufacture, assemble, or import from any foreign country into the United States any apparatus described in section 303(w) of this Act except in accordance with rules prescribed by the Commission pursuant to the authority granted by that section. ``(2) This subsection shall not apply to carriers transporting apparatus referred to in paragraph (1) without trading it. ``(3) The rules prescribed by the Commission under this subsection shall provide performance standards for blocking technology. Such rules shall require that all such apparatus be able to receive the rating signals which have been transmitted by way of line 21 of the vertical blanking interval and which conform to the signal and blocking specifications established by the Commission. ``(4) As new video technology is developed, the Commission shall take such action as the Commission determines appropriate to ensure that blocking service continues to be available to consumers.''. (b) Conforming Amendment.--Section 330(d) of such Act, as redesignated by subsection (a)(1), is amended by striking ``section 303(s), and section 303(u)'' and inserting in lieu thereof ``and sections 303(s), 303(u), and 303(w)''. SEC. 6. ELIMINATION OF TELEVISION PROGRAMMING THAT IS INAPPROPRIATE FOR CHILDREN DURING CERTAIN HOURS. Title I of the Children's Television Act of 1990 (47 U.S.C. 303a et seq.) is amended by adding at the end the following: ``prohibition on programming that is inappropriate for children ``Sec. 105. (a) The Commission shall, within 30 days of the date of the enactment of this Act, initiate a rule-making proceeding to prescribe a prohibition on the broadcast on commercial television and by public telecommunications entities, including the broadcast by cable operators, from the hours of 6 a.m. to 9 p.m., inclusive, of programming that contains sexual, violent, and indecent television programming that is clearly inappropriate for children. ``(b) As used in this section: ``(1) The term `cable operator' has the meaning given such term in section 602 of the Communications Act of 1934 (47 U.S.C. 522). ``(2) The term `programming' includes advertisements but does not include bona fide newscasts, bona fide news interviews, bona fide news documentaries, and on-the-spot coverage of bona fide news events. ``(3) The term `public telecommunications entity' has the meaning given such term in section 397(12) of the Communications Act of 1934 (47 U.S.C. 397(12)).''. SEC. 7. BROADCAST ON TELEVISION AND CABLE OF EDUCATIONAL AND INFORMATIONAL PROGRAMMING FOR CHILDREN. (a) Broadcast Television.--Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended by adding at the end the following: ``(k) Educational and Information Programming for Children.--In granting an application for a license for a television broadcasting station (including an application for renewal of such a license), the Commission shall impose such conditions upon the applicant as the Commission requires in order to ensure that the applicant complies under the license with the standards for children's television programming established under section 102 of the Children's Television Act of 1990 (47 U.S.C. 303a) and otherwise serves the educational and informational needs of children through its overall programming.''. (b) Cable Service.--Part III of title VI of the Communications Act of 1934 (47 U.S.C. 541 et seq.) is amended by adding at the end the following: ``SEC. 629. EDUCATIONAL AND INFORMATION PROGRAMMING FOR CHILDREN ``Sec. 629. A franchise, including the renewal of a franchise, may not be awarded under this part unless the cable operator to be awarded the franchise agrees to comply with the standards for children's television programming established under section 102 of the Children's Television Act of 1990 (47 U.S.C. 303a) and to otherwise serve the educational and informational needs of children in the provision of cable service under the franchise.''.

Summary: Children's Media Protection Act of 1995 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to: (1) prescribe rules to identify and rate sexual, violent, and indecent television programming that is clearly inappropriate for children; (2) prescribe rules for the transmission by television programming distributors of signals that identify the programming rating and permit viewers to block such inappropriate programming; and (3) require television sets with picture screens of 13 inches or greater to be equipped with blocking circuitry and enable viewers to block display of all programs with a common rating. Prohibits any person from shipping, manufacturing, assembling, or importing any television not so equipped. Requires performance standards for blocking technology. (Sec. 6) Directs the FCC to initiate a rulemaking proceeding to prescribe a prohibition on the broadcast on commercial television and any public telecommunications entities between 6 o'clock a.m. and 9 o'clock p.m. of such inappropriate programming. (Sec. 7) Directs the FCC, in granting an application for a television broadcast license, to impose conditions which ensure that the applicant complies with the standards for children's television programming as established under the Children's Television Act of 1990 and otherwise serves the educational and informational needs of children through its overall programming. Prohibits a cable franchise award or renewal unless the cable operator complies with such standards.


SECTION 1. PROGRAM TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND SECURITY. (a) Establishment of Program.--The Office of Federal Procurement Policy Act (41 U.S.C. et seq.) is amended by adding at the end the following new section: ``SEC. 40. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND SECURITY. ``(a) Establishment of Program.--The Administrator shall establish and promote a Governmentwide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(b) Issuance of Agency Announcements Seeking Innovative Solutions.--Under the program, the Administrator, in consultation with the Director of the Office of Homeland Security, the Associate Director for Information Technology and E-Government of the Office of Management and Budget, and the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury, shall issue agency announcements seeking unique and innovative solutions to advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(c) Multiagency Technical Assistance Team.--(1) The Administrator, in consultation with the individuals described in subsection (b), shall convene a multiagency technical assistance team to assist in screening proposals submitted to the Administrator to provide unique and innovative solutions to advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. The team shall be composed of employees of the participating agencies who have expertise in scientific and technical disciplines that would facilitate the assessment of the feasibility of the proposals. ``(2) The technical assistance team shall-- ``(A) assess the feasibility, scientific and technical merits, and estimated cost of each proposal; and ``(B) submit each proposal, and the assessment of the proposal, to each executive agency whose mission most coincides with the subject matter of the proposal. ``(3) The technical assistance team shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement. ``(d) Monetary Awards for Innovative Solutions.--(1) Under the program carried out under this section, the Administrator shall provide monetary awards in recognition of unique and innovative solutions with the potential to significantly advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(2) The Administrator shall use a competitive process to select recipients of monetary awards under this subsection which shall include the widely advertised solicitation (including the agency announcements described in subsection (b)) of descriptive submissions on technology developments and prototypes, the substance of which are not otherwise available to the United States. The Administrator shall work with the multiagency technical assistance team described in subsection (c) in carrying out the competitive selection process. ``(3) An award made under this subsection may not exceed $20,000. The total amount of awards made under this subsection in a fiscal year may not exceed $500,000. ``(4) At least one quarter of the total amount awarded under this subsection during a fiscal year shall be awarded to small business concerns, within the meaning of such term as used in the Small Business Act (15 U.S.C. 632 et seq.).''. (b) Clerical Amendment.--The table of contents at the beginning of such Act is amended by adding at the end the following new item: ``Sec. 40. Program to encourage innovative solutions to enhance homeland security.''. SEC. 2. PILOT PROGRAM TO ENCOURAGE INNOVATIVE COMMERCIAL SOLUTIONS. (a) Pilot Program.--The Administrator of the Office of Federal Procurement Policy shall, in consultation with the Assistant to the President for Homeland Security, establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may-- (1) test the innovative use of streamlined acquisition authorities and procedures authorized by law, with emphasis on provisions authorizing the rapid acquisition of goods and services; and (2) test the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using, to the maximum extent practicable, commercial, off-the-shelf items and commercially available services. (b) Use of Streamlined Acquisition Authorities.--Under the pilot program, the head of an executive agency referred to in subsection (a) shall, if appropriate, use streamlined acquisition authorities and procedures authorized by law, including authorities and procedures that are provided under the following provisions: (1) In title III of the Federal Property and Administrative Services Act of 1949: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 303 (41 U.S.C. 253), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 303J (41 U.S.C. 253j), relating to orders under task and delivery order contracts. (2) In chapter 137 of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 2304, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 2304c, relating to orders under task and delivery order contracts. (3) Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to inapplicability of a requirement for procurement notice. (c) Waiver of Requirements.--(1) To carry out the pilot program under this section, the head of an agency may waive-- (A) any provision of the Federal Acquisition Regulation that is not required by statute; and (B) any provision of the Federal Acquisition Regulation that is required by a provision of law described in paragraph (2), the waiver of which the head of the agency determines in writing to be necessary to carry out the pilot program. (2) The provisions of law referred to in paragraph (1) are as follows: (A) Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416). (B) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637). (d) Limitations.--(1) The head of an agency authorized to participate in the pilot program may carry out not more than one project under the program and may enter into not more than three contracts to carry out the project. (2) A project carried out under this section shall be approved by the Administrator in consultation with the Assistant to the President for Homeland Security and the multiagency technical assistance team established under section 40(c) of the Office of Federal Procurement Policy Act (as added by section 1). (e) Criteria for Evaluating Results.--The head of an agency participating in the pilot program under this section shall establish measurable mission-related criteria for evaluating the results of a project under the program. Such agency head shall, as soon as practicable after the completion of the project, report to the Administrator on the lessons learned from the project. The Administrator shall share the results of, and reports on, all the projects carried out under this section with the heads of other agencies that carry out responsibilities with respect to homeland security. (f) Prohibition Against Discrimination Against Small Business Concerns.--This section shall be applied in a manner that does not discriminate against small business concerns (within the meaning of such term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or any type of small business concern.

Summary: Amends the Office of Federal Procurement Policy Act to direct the Administrator for Federal Procurement Policy to establish a Government-wide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack.Requires the Administrator to: (1) issue agency announcements seeking innovative solutions to advance defense against or recovery from such an attack; (2) convene a multiagency technical assistance team to assess feasibility, scientific and technical merits, and estimated costs and submit each proposal to each executive agency whose mission most coincides with the proposal's subject matter; and (3) provide monetary awards in recognition of unique and innovative solutions.Directs the Administrator to establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may test: (1) the innovative use of streamlined acquisition authorities and procedures; and (2) the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using commercial, off-the-shelf items and commercially available services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Medicare Payment Fraud Act of 2009''. SEC. 2. EXTENSION OF NUMBER OF DAYS IN WHICH MEDICARE CLAIMS ARE REQUIRED TO BE PAID IN ORDER TO PREVENT OR COMBAT FRAUD, WASTE, OR ABUSE. (a) Part A Claims.--Section 1816(c)(2) of the Social Security Act (42 U.S.C. 1395h(c)(2)) is amended-- (1) in subparagraph (B)(ii)(V), by striking ``with respect'' and inserting ``subject to subparagraph (D), with respect''; and (2) by adding at the end the following new subparagraph: ``(D)(i) Upon a determination by the Secretary that there is a likelihood of fraud, waste, or abuse involving a particular category of providers of services or suppliers, categories of providers of services or suppliers in a certain geographic area, or individual providers of services or suppliers, the Secretary shall extend the number of calendar days described in subparagraph (B)(ii)(V) to-- ``(I) up to 365 calendar days with respect to claims submitted by-- ``(aa) categories of providers of services or suppliers; or ``(bb) categories of providers of services or suppliers in a certain geographic area; or ``(II) such time that the Secretary determines is necessary to ensure that the claims with respect to individual providers of services or suppliers are clean claims. ``(ii) During the extended period of time under subclauses (I) and (II) of clause (ii), the Secretary shall engage in heightened scrutiny of claims, such as prepayment review and other methods the Secretary determines to be appropriate. ``(iii) Not later than 90 days after the date of enactment of this subparagraph and not less than annually thereafter, the Inspector General of the Department of Health and Human Services shall submit to the Secretary a report containing recommendations with respect to the application of this subparagraph and section 1842(c)(2)(D). Not later than 60 days after receiving such a report, the Secretary shall submit to the Inspector General a written response to the recommendations contained in the report. ``(iv) There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the implementation of this subparagraph by the Secretary.''. (b) Part B Claims.--Section 1842(c)(2) of the Social Security Act (42 U.S.C. 1395u(c)(2)) is amended-- (1) in subparagraph (B)(ii)(V), by striking ``with respect'' and inserting ``subject to subparagraph (D), with respect''; and (2) by adding at the end the following new subparagraph: ``(D)(i) Upon a determination by the Secretary that there is a likelihood of fraud, waste, or abuse involving a particular category of providers of services or suppliers, categories of providers of services or suppliers in a certain geographic area, or individual providers of services or suppliers, the Secretary shall extend the number of calendar days described in subparagraph (B)(ii)(V) to-- ``(I) up to 365 calendar days with respect to claims submitted by-- ``(aa) categories of providers of services or suppliers; or ``(bb) categories of providers of services or suppliers in a certain geographic area; or ``(II) such time that the Secretary determines is necessary to ensure that the claims with respect to individual providers of services or suppliers are clean claims. ``(ii) During the extended period of time under subclauses (I) and (II) of clause (ii), the Secretary shall engage in heightened scrutiny of claims, such as prepayment review and other methods the Secretary determines to be appropriate. ``(iii) There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the implementation of this subparagraph by the Secretary.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the day that is 6 months after the date of the enactment of this Act. (2) Expediting implementation.--The Secretary shall promulgate regulations to carry out the amendments made by this section which may be effective and final immediately on an interim basis as of the date of publication of the interim final regulation. If the Secretary provides for an interim final regulation, the Secretary shall provide for a period of public comment on such regulation after the date of publication. The Secretary may change or revise such regulation after completion of the period of public comment.

Summary: Fighting Medicare Payment Fraud Act of 2009 - Amends title XVIII (Medicare) to require the Secretary of Health and Human Services (HHS) to extend to up to 365 calendar days for particular categories of service providers or suppliers the number of days in which Medicare claims are required to be paid in order to ensure that they are clean claims. Limits such extension to categories of service providers or suppliers, such categories in a certain geographic area, or individual service providers or suppliers about which the Secretary has determined that there is a likelihood of fraud, waste, or abuse involving them.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Vaccine Accessibility for Children and Seniors Act of 2005'' or the ``VACS Act of 2005''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds as follows: (1) Vaccines represent one of the most significant public health advances in history. They have saved millions of lives and prevented millions of disabilities. (2) Vaccines are now available for preventing once common childhood diseases, such as polio, chicken pox, and measles, and for preventing diseases responsible for high rates of sickness and death among adults, including influenza, pneumonia, and hepatitis. (3) Vaccines reduce future medical costs and prevent the need for more expensive drugs. Vaccines not only provide a health benefit to the individual receiving the vaccine, they benefit others in the community by reducing their chances of exposure to a disease. (4) The threat of litigation, coupled with the high cost of manufacturing a vaccine, has forced many manufacturers to limit or cease production of life-saving vaccines. (5) In 1967, there were 26 companies in the United States making these vital vaccines. A litigation crisis in the 1980's drove many companies away from the vaccine business. Today, there are only 4 companies that make the vast majority of vaccines used in the United States, making the system fragile and limiting access to vaccines. (6) In October 2004, the Secretary of Health and Human Services announced a flu vaccine shortage in the United States. The Secretary indicated that the souring of the vaccine manufacturing marketplace was due, in part, to ``costly liability lawsuits''. (7) The Congress intervened in 1986 by creating a no-fault compensation system called the National Vaccine Injury Compensation Program, which was intended to lower the legal risk to vaccine manufacturers, encourage a stable supply of vaccine, and ensure that injured patients are rapidly and appropriately compensated. (8) Under the National Vaccine Injury Compensation Program, individuals who believe they have been injured by a vaccine may file a claim in the United States Court of Federal Claims. If found eligible, they can receive unlimited economic damages for medical expenses, rehabilitation expenses, and lost earnings, as well as pain and suffering damages subject to a $250,000 cap. Over 1,800 claims have been paid totaling over $1,500,000,000 for vaccine-related injuries and complications under the National Vaccine Injury Compensation Program, with many awards amounting to more than $1,000,000 each, and some as high as $7,500,000. (9) Notwithstanding the intent of the National Vaccine Injury Compensation Program, vaccine companies still face significant and expensive litigation exposure, in part, because-- (A) the National Vaccine Injury Compensation Program allows all individuals to ``opt out'' of this system and pursue individual and class action lawsuits in State and Federal courts; (B) trial attorneys continually seek to bypass the the Program and elect to go to trial by alleging that a particular vaccine is not covered under the Program, or that the Program does not apply to certain preservatives, components, or ingredients of any such vaccine; and (C) the Program does not preclude an individual who is otherwise ineligible to file a claim under the Program (such as family members of injured individuals) from pursuing civil litigation. (10) To ensure that litigation involving federally approved vaccines is based on valid scientific evidence and does not undermine the Federal public health policy of creating and developing life saving vaccines, it is imperative that any litigation involving vaccines, and related preservatives, ingredients, and components, that takes place outside of the National Vaccine Injury Compensation Program shall take place exclusively in the district courts of the United States, where all procedures and expert testimony shall be subject to the rules and requirements set forth by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993). (11) To ensure that injured patients with legitimate claims are more rapidly and fairly compensated by the National Vaccine Injury Compensation Program in a less adversarial manner so as to avoid the need for traditional civil litigation, it is imperative that the Secretary of Health and Human Services and the Attorney General of the United States, in consultation with the Advisory Commission on Childhood Vaccines, jointly study and submit a report to the Congress within one year regarding their recommendations. (b) Purposes.--The purposes of this Act are to-- (1) establish reasonable legal reforms that will facilitate the manufacture of vital, life-saving vaccines; (2) establish certain legal rules and procedures to better assure that litigation involving federally approved vaccines is based on valid scientific evidence; (3) discourage frivolous litigation; and (4) ensure that injured patients are rapidly and fairly compensated in the appropriate forum. SEC. 3. FEDERAL COURT REMEDY. Section 2122 of the Public Health Service Act (42 U.S.C 300aa-22) is amended by striking subsection (a) and inserting the following: ``(a) Federal Cause of Action.-- ``(1) In general.--There shall exist a Federal cause of action for claims arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988. The substantive law for decision in any such action shall be derived from this section and, unless inconsistent with or preempted by Federal law, from the law, including choice of law principles, of the State in which such vaccine was administered. Except for a proceeding for compensation under the National Vaccine Injury Compensation Program, the cause of action established by this paragraph shall constitute the exclusive cause of action or remedy for any vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, including any related injury or loss sustained by any person (including any relative or other third party). ``(2) Jurisdiction.--Except for a proceeding in the United States Court of Federal Claims pursuant to section 2112, the district courts of the United States shall have original and exclusive jurisdiction over all actions for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, including any related injury or loss sustained by any person (including any relative or other third party). If any civil action subject to this section is brought or is pending in a State court, and the action is not dismissed by the State court, the action may be removed at any time before final judgment by any defendant to the district court of the United States for the district and division embracing the place where such action is pending. An order remanding an action removed pursuant to this subsection is an appealable order. Except as provided herein, the removal of any such action shall proceed in accordance with sections 1446 through 1451 of title 28, United States Code. ``(3) State actions.--All State causes of action for damages arising from, or equitable relief relating to, a vaccine-related injury or death associated with a vaccine administered after October 1, 1988, including for any related injury or loss sustained by any person (including any relative or other third party) are hereby preempted. ``(4) Vaccine defined.--For purposes of this section, the term `vaccine' includes any preservative, ingredient, or component of a vaccine.''. SEC. 4. SANCTIONS FOR FRIVOLOUS VACCINE LITIGATION; 3-STRIKES RULE FOR SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE RULE 11 VIOLATIONS. (a) Mandatory Suspension.--Whenever a district court of the United States in connection with an action for damages arising from a vaccine- related injury or death associated with a vaccine administered after October 1, 1988 (in this section referred to as a ``vaccine suit''), determines that an attorney has violated Rule 11 of the Federal Rules of Civil Procedure, the court shall determine the number of times that the attorney has violated that rule in connection with a vaccine suit in that district court during that attorney's career. If the court determines that the number is 3 or more, the district court of the United States-- (1) shall suspend that attorney from the practice of law in that district court for 1 year; and (2) may suspend that attorney from the practice of law in that district court for any additional period that the court considers appropriate. (b) Appeal; Stay.--An attorney has the right to appeal a suspension under subsection (a). While such an appeal is pending, the suspension shall be stayed. (c) Reinstatement.--To be reinstated to the practice of law in a district court of the United States after completion of a suspension under subsection (a), the attorney must first petition the court for reinstatement under such procedures and conditions as the court may prescribe. SEC. 5. TRIAL PROCEDURE. (a) In General.--Section 2123 of the Public Health Service Act (42 U.S.C. 300aa-23) is amended-- (1) in subsection (a)-- (A) by striking ``three'' and inserting ``four''; and (B) by inserting ``, including any related injury or loss sustained by any person (including any relative or other third party),'' after ``the effective date of this part''; (2) by redesignating subsections (b), (c), (d) and (e) as subsections (c), (d), (e) and (f); (3) by inserting after subsection (a) the following: ``(b) Causation in Fact.--The first stage of such civil action shall be held to determine whether competent and reliable scientific evidence demonstrates that the plaintiff's alleged vaccine-related injury or death was caused in fact by the vaccine.''; (4) in subsection (c) (as so redesignated), by striking ``The first'' and inserting ``If the trier of fact finds that the alleged vaccine-related injury or death was caused in fact by the vaccine, a second''; (5) in subsection (d) (as so redesignated), by striking ``second'' and inserting ``third''; and (6) in subsection (e) (as so redesignated), by striking ``third'' and inserting ``fourth''. (b) Conforming Amendment.--Subparagraph (A) of section 2122(b)(2) of the Public Health Service Act (42 U.S.C. 300aa-22) is amended by striking ``2123(d)(2)'' and inserting ``2123(e)(2)''. SEC. 6. TRANSITION RULES. (a) Notice.--If on the date of the enactment of this Act, any State law claim for damages arising from, or equitable relief relating to, a vaccine-related injury or death associated with a vaccine administered after October 1, 1988, including any related injury or loss sustained by any person (including any relative or other third party), is pending in any State or Federal court prior to the entry of final judgment, the plaintiff may, within 30 days of such date of enactment, file a notice with the court in which the claim is pending electing to treat the State law claim as a Federal law claim arising under section 2122 of the Public Health Service Act, as amended by section 3, and subject to the amendments made by this Act. (b) Failure to File Notice.--If no notice is filed for a claim described in subsection (a) within the 30-day period described in such subsection, and the claim is pending in State court, the claim shall be dismissed with prejudice. (c) Notice Filed.--If a notice is filed for a claim described in subsection (a) within such 30-day period described in such subsection, and the claim is pending in State court prior to the entry of final judgment, any plaintiff or defendant may remove the action to the district court of the United States for the district and division embracing the place where such action is pending by filing a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served or previously filed in such action. Promptly after the filing of such notice of removal, the removing party shall give written notice thereof to all other parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal, and the State court shall proceed no further unless the case is remanded. An order remanding an action removed pursuant to this subsection is an appealable order. Except as provided herein, the removal of any such action shall proceed in accordance with sections 1446 through 1451 of title 28, United States Code. If a case is not properly removed within 40 days of the date of the enactment of this Act, any claim subject to subsection (a) that remains pending in State court or that is remanded to State court shall be promptly dismissed with prejudice. SEC. 7. STUDY AND REPORT. (a) Findings.--The Congress finds as follows: (1) The Congress intended the National Vaccine Injury Compensation Program to be a flexible, no-fault, less adversarial system to handle claims in a quick, easy, and generous manner so as to avoid the need the for civil litigation, and to avoid the rancor and substantial delays often associated with traditional litigation. (2) Although the National Vaccine Injury Compensation Program maintains it has an excellent record of promptly and appropriately compensating valid claims, recent reports of some individuals seeking compensation under the Program allege that some legitimate claims have taken 5 to 10 years to resolve, the process has become more adversarial, the Program has made claims harder to prove, and the process has drifted toward full-blown litigation and away from Congress' intent as a positive alternative to tort litigation. (b) Study.--After considering the findings in subsection (a), and after consulting with the Advisory Commission on Childhood Vaccines, the Secretary of Health and Human Services and the Attorney General of the United States shall, not later than 1 year after the date of the enactment of this Act, jointly submit a report to the appropriate committees of the Congress concerning their recommendations to ensure that injured patients with legitimate claims are rapidly and appropriately compensated in a less adversarial manner.

Summary: Vaccine Accessibility for Children and Seniors Act of 2005 or the VACS Act of 2005 - Establishes an exclusive Federal cause of action for claims arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, except for a compensation proceeding under the National Vaccine Injury Compensation Program (the Program). Preempts all State actions for damages arising from such an injury or death. Defines "vaccine" to include any preservative, ingredient, or component of a vaccine. Requires a district court to suspend an attorney from the practice of law in such court for one year if the attorney has violated the Federal Rules of Civil Procedure requiring the attorney to certify the validity of claims filed in connection with a vaccine suit three times during that attorney's career. Allows the court to suspend the attorney for any additional period that the court considers appropriate. Amends Federal vaccine civil trial procedures to insert a new first stage to determine whether competent and reliable scientific evidence demonstrates that the plaintiff's alleged vaccine-related injury or death was caused in fact by the vaccine. Requires the dismissal with prejudice or removal to a Federal court of all pending State vaccine cases. Requires the Secretary of Health and Human Services and the Attorney General to jointly submit a report to Congress concerning recommendations to ensure that injured patients with legitimate claims are rapidly and appropriately compensated through the Program in a less adversarial manner.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Public Alert and Warning System Modernization Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) numerous technologies exist to enable the Federal Government to vastly enhance its public alert and warning system; (2) the potential benefits of these enhancements include-- (A) greater security, survivability, and redundancy of the system; (B) an improved ability to notify remote locations; (C) the ability to geographically target and deliver alerts and warnings to multiple devices; and (D) the ability to allow individuals to request specific alerts and warnings; (3) a modern, integrated public alert and warning system will better enable government officials to provide civilian populations with timely and effective warnings of disasters, such as the devastating tornados and floods in the Midwest in 2008; and (4) the Federal Government should modernize its alert and warning system to improve its ability to alert the residents of the United States of all potential hazards under all conditions. SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.--Section 202 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5132) is amended by adding at the end the following: ``(e) Integrated Public Alert and Warning System Modernization.-- ``(1) In general.--In order to provide timely and effective disaster warnings under this section, the President, acting through the Director of the Federal Emergency Management Agency, shall-- ``(A) modernize the integrated public alert and warning system of the United States (in this section referred to as the `public alert and warning system') to ensure that the President under all conditions can alert and warn governmental authorities and the civilian population in areas endangered by disasters; and ``(B) implement the public alert and warning system. ``(2) Implementation requirements.--In carrying out paragraph (1), the Director shall-- ``(A) assign to the National Continuity Programs Directorate, or its successor, responsibility for advising the Director on the modernization and implementation of the public alert and warning system; ``(B) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; ``(C) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; ``(D) include in the public alert and warning system the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; and ``(E) ensure the conduct of training, tests, and exercises for the public alert and warning system. ``(3) System requirements.--The public alert and warning system shall-- ``(A) incorporate multiple communications technologies; ``(B) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; ``(C) be designed to provide alerts to the largest portion of the affected population feasible and improve the ability of remote areas to receive alerts; ``(D) promote local and regional public and private partnerships to enhance community preparedness and response; and ``(E) provide redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. ``(4) Pilot programs.-- ``(A) In general.--The Director shall conduct pilot programs for the purpose of demonstrating the feasibility of using a variety of methods for achieving the system requirements specified in paragraph (3). ``(B) Report.--Not later than 6 months after the date of enactment of this subsection, and annually thereafter for the duration of the pilot programs, the Director shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing-- ``(i) a description and assessment of the effectiveness of the pilot programs; ``(ii) any recommendations of the Director for additional authority to continue the pilot programs or make any of the programs permanent; and ``(iii) any other findings and conclusions of the Director with respect to the pilot programs. ``(5) Implementation plan.--Not later than 6 months after the date of enactment of this subsection, the Director shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed plan for implementing this subsection. The plan shall include a timeline for implementation, a spending plan, and recommendations for any additional authority that may be necessary to fully implement this subsection. ``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $37,000,000 for fiscal year 2009 and such sums as may be necessary for each fiscal year thereafter.''. (b) Limitation on Statutory Construction.--Nothing in this Act (including the amendment made by this Act) shall be construed to affect the authority of the Department of Commerce or the Federal Communications Commission.

Summary: Integrated Public Alert and Warning System Modernization Act of 2008 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President, acting through the Director of the Federal Emergency Management Agency (FEMA), to: (1) modernize and implement the integrated U.S. public alert and warning system to ensure that the President can alert governmental authorities and the civilian population in areas endangered by disasters under all conditions; (2) assign to the National Continuity Programs Directorate responsibility for advising on system modernization and implementation; (3) establish or adopt common alerting and warning protocols, standards, terminology, and operating procedures; (4) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities or limited English proficiency; and (5) ensure the conduct of training, tests, and exercises. Requires the system to: (1) incorporate multiple communications technologies; (2) be designed to adapt to and incorporate future technologies for communicating directly with the public; (3) be designed to provide alerts to the largest portion of the affected population feasible and improve the ability of remote areas to receive alerts; (4) promote local and regional partnerships to enhance community preparedness and response; and (5) provide redundant alert mechanisms. Requires the Director to conduct pilot programs to demonstrate the feasibility of using a variety of methods for achieving system requirements.