SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Survivors Assistance Act of 2011''. TITLE I--PURPOSES; FINDINGS; DEFINITIONS; GRANTS SEC. 101. PURPOSES. The purposes of this Act are-- (1) to include ``older individuals who are Holocaust survivors'' to the list of groups that receive preference for services as defined in section 305(a)(2)(E) of the Older Americans Act of 1965, (2) to designate within the Administration on Aging an individual to have responsibility for older individuals who are Holocaust survivors, and (3) to create a grant program to increase and improve transportation services for older individuals with preference to those older individuals who are Holocaust survivors. SEC. 102. FINDINGS. The Congress finds the following: (1) During the Holocaust, which took place between 1933 and 1945, an estimated 6,000,000 Jews, as well as millions from other targeted groups, were murdered by the Nazis and their collaborators. (2) Approximately 127,000 Holocaust survivors remain in the United States, and thousands pass away each year. (3) Holocaust survivors are getting older and frailer, and will be seeking additional support and assistance from social service providers to enable them to age in place. Providers face increased levels of demand from vulnerable individuals without any additional revenue to cover needed services. (4) All Holocaust survivors are at least 65 years old with approximately three quarters of them older than 75 and a majority in their 80s and 90s. (5) More than half of all Holocaust survivors who emigrated to the United States from the former Soviet Union after 1965 fall beneath 200 percent of the Federal poverty threshold and constitute an extremely vulnerable at-risk population in the United States. (6) Holocaust survivors continue to live with the mental and physical scars of the unconscionable trauma caused by the Holocaust. (7) While institutionalized settings are beneficial for some older people, long-term care facilities can have an adverse effect on Holocaust survivors. For many Holocaust survivors, institutionalized settings reintroduce sights, sounds, smells, emotions and routines which can induce panic, anxiety, and re-traumatization as a result of experiences resulting from the Holocaust. (8) Approximately two-thirds of Holocaust survivors live alone and living alone is a risk factor for institutionalization. (9) Low income Holocaust survivors are more reliant on social service programs than most other older Americans, with proportionally more Holocaust survivors needing services such as personal care, home-delivered and congregate meals, transportation, counseling and mental health support. SEC. 103. DEFINITION. Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended by adding at the end the following: ``(55) The term `Holocaust survivor' means an individual who-- ``(A)(i) lived in a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators; or ``(ii) fled from a country between 1933 and 1945 under a Nazi regime; under Nazi occupation, or under the control of Nazi collaborators; ``(B) was persecuted between 1933 and 1945 on the basis of race, religion, physical or mental disability, sexual orientation, political affiliation, ethnicity, or other basis; and ``(C) was a member of a group that was persecuted by the Nazis.''. SEC. 104. ORGANIZATION. Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is amended-- (1) in paragraph (1)(E) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears, and (2) in paragraph (2)(E) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''. SEC. 105. AREA PLANS. Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is amended-- (1) in subsection (a)-- (A) in paragraph (1) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears, (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) in clause (i)(I)(bb) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' and (II) in clause (ii) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears, and (ii) in subparagraph (B)-- (I) in subclause (VII) by striking ``and'' at the end, (II) by redesignating subclause (VIII) as subclause (IX), and (III) by inserting after subclause (VIII) the following: ``(VIII) older individuals who are Holocaust survivors; and'', and (C) in paragraph (7)(B)(iii) by inserting ``, in particular, older individuals who are Holocaust survivors,'' after ``placement'', and (2) by inserting ``older individuals who are Holocaust survivors,'' after ``areas,''. SEC. 106. STATE PLANS. Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended-- (1) in paragraph (4) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'', (2) in paragraph (16)(A)-- (A) in clause (v) by striking ``and'' at the end, and (B) by adding at the end the following: ``(vii) older individuals who are Holocaust survivors; and'', and (3) in paragraph (28)(A)(ii) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''. SEC. 107. CONSUMER CONTRIBUTIONS. Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) is amended-- (1) in subsection (c)(2) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' and (2) in subsection (d) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''. SEC. 108. PROGRAM AUTHORIZED. Section 372(c)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3030s-2(c)(2)(A)) is amended by striking ``individuals)'' inserting ``individuals and older individuals who are Holocaust survivors)''. SEC. 109. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION. Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C. 3058i(b)(12)) is amended-- (1) in subparagraph (B) by striking ``or'' at the end, (2) in subparagraph (C) by striking the period at the end and inserting ``or'', and (3) by adding at the end the following: ``(D) older individuals who are Holocaust survivors.''. TITLE II--FUNCTIONS OF ASSISTANT SECRETARY SEC. 201. ESTABLISHMENT OF ADMINISTRATION ON AGING. Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended by adding at the end the following: ``(g)(1) The Assistant Secretary is authorized to designate within the Administration a person to have responsibility for older individuals who are Holocaust survivors. ``(h) It shall be the duty of the Assistant Secretary, acting through the person designated to have responsibility for older individuals who are Holocaust survivors.''. TITLE III--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY SEC. 301. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS WHO ARE HOLOCAUST SURVIVORS. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following: ``SEC. 423. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS WHO ARE HOLOCAUST SURVIVORS. ``(a) In General.--The Assistant Secretary shall award grants or contracts to nonprofit organizations to improve and increase transportation services for older individuals, with preference toward those older individuals who are Holocaust survivors. The Assistant Secretary shall make grants or enter into such contracts for period of not less than 5 years. ``(b) Use of Funds.-- ``(1) In general.--A nonprofit organization receiving a grant or contract under subsection (a) shall use the funds received through such grant or contract to carry out a demonstration project, or to provide technical assistance to assist local transit providers, area agencies on aging, senior centers, and local senior support groups, to encourage and facilitate coordination of Federal, State, and local transportation services and resources for older individuals who are Holocaust survivors. The organization may use the funds to develop and carry out an innovative transportation demonstration project to create transportation services for older individuals. ``(2) Specific activities.--In carrying out a demonstration project or providing technical assistance under paragraph (1) the organization may carry out activities that include-- ``(A) developing innovative approaches for improving access by older individuals to transportation services, including volunteer driver programs, economically sustainable transportation programs, and programs that allow older individuals to transfer their automobiles to a provider of transportation services in exchange for the services; ``(B) preparing information on transportation options and resources for older individuals and organizations serving such individuals, and disseminating the information by establishing and operating a toll-free telephone number; ``(C) developing models and best practices for providing comprehensive integrated transportation services for older individuals, including services administered by the Secretary of Transportation, by providing ongoing technical assistance to agencies providing services under title III and by assisting in coordination of public and community transportation services; and ``(D) providing special services to link older individuals to transportation services not provided under title III. ``(c) Preference.--In awarding grants and entering into contracts under paragraph (a), the Assistant Secretary shall give preference to organizations and institutions that have previous extensive experience working with and conducting assessment of the needs of Holocaust survivors who are older individuals. ``(d) Consultation.--In determining the type of programs and activities used to improve and increase transportation assistance for Holocaust survivors, the Assistant Secretary shall consult with the individual designated by Section 201(h)(1) of the Act and with national organizations with special expertise in serving Holocaust survivors who are older individuals. ``(e) Eligible Entities.--To be eligible to receive a grant or enter into a contract under paragraph (a), an entity shall have previous extensive experience working with and conducting assessment of the needs of older individuals. ``(f) Report to Congress.--The Assistant Secretary with assistance from the individual designated by Section 201 (h)(1) of the Act, shall prepare and submit to the Speaker of the House of Representatives and the President pro tempore of the Senate an annual report on the status and needs, including the priority areas of concern, of older individuals who are Holocaust survivors.''.

Summary: Holocaust Survivors Assistance Act of 2011 - Amends the Older Americans Act of 1965 to: (1) include specifically within its purview older Americans who are Holocaust survivors; (2) authorize the Assistant Secretary for Aging of the Department of Health and Human Services (HHS) to designate within the Administration of Aging an individual who is to have responsibility for such individuals; and (3) create a grant program to increase and improve transportation services for older Americans, with preference for Holocaust survivors.


SECTION 1. EXCISE TAX ON GROSS RECEIPTS DERIVED FROM CRUISES. (a) In General.--Subchapter B of chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after section 4472 the following: ``PART II--AD VALOREM TAX ``Sec. 4476. Imposition of tax. ``Sec. 4477. Definitions. ``SEC. 4476. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax, there is hereby imposed a tax of 5 percent of the allocable amount with respect to any covered passenger cruise. ``(b) By Whom Paid.--The tax imposed by this section shall be paid by the person providing the covered passenger cruise. ``SEC. 4477. DEFINITIONS. ``For purposes of this section-- ``(1) Covered passenger cruise.-- ``(A) In general.--The term `covered passenger cruise' means a voyage of a commercial passenger cruise vessel-- ``(i) that extends over 1 or more nights, and ``(ii) during which passengers embark or disembark the vessel in the United States. ``(B) Exceptions for certain voyages.--Such term shall not include any voyage-- ``(i) on any vessel owned or operated by the United States, a State, or any subdivision thereof, ``(ii) which occurs exclusively on the inland waterways of the United States, or ``(iii) in which a vessel in the usual course of employment proceeds, without an intervening foreign port of call from one port or place in the United States to the same port or place or to another port or place in the United States. ``(2) Passenger cruise vessel.-- ``(A) In general.--The term `passenger cruise vessel' means any passenger vessel-- ``(i) having berth or stateroom accommodations for at least 250 passengers, and ``(ii) that is used in the business of carrying passengers for hire. ``(B) Exceptions.--Such term shall not include any ferry, recreational vessel, sailing school vessel, small passenger vessel, offshore supply vessel, or any other vessel determined under regulations by the Secretary to be excluded from the application of this part. ``(C) Definitions.--Any term used in this section which is used in chapter 21 of title 46, United States Code, shall have the meaning given such term under section 2101 of such title. ``(3) Allocable amount.--The term `allocable amount' means-- ``(A) in the case in which a majority of the passengers on any covered passenger cruise embark or disembark in the United States, 100 percent of the gross receipts attributable to such covered passenger cruise, and ``(B) in any other case, 50 percent of the gross receipts attributable to such covered passenger cruise. ``(4) United states.--The term `United States' includes any possession of the United States.''. (b) Conforming Amendment.--Subchapter B of chapter 36 of the Internal Revenue Code of 1986 is amended by striking all preceding section 4471 and inserting the following: ``Subchapter B--Transportation by Water ``Part I--Per Passenger Tax ``Part II--Ad Valorem Tax ``PART I--PER PASSENGER TAX ``Sec. 4471. Imposition of tax. ``Sec. 4472. Definitions.''. (c) Effective Date.--The amendments made by this section shall apply to voyages made after the date of the enactment of this Act. SEC. 2. INTERMODAL INFRASTRUCTURE TRUST FUND. (a) In General.--Subchapter A of Chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. INTERMODAL INFRASTRUCTURE TRUST FUND. ``(a) Creation of Trust Fund.--There is hereby established in the Treasury of the United States a trust fund to be known as the `Intermodal Infrastructure Trust Fund', consisting of such amounts as may be appropriated or credited to the Intermodal Infrastructure Trust Fund in this section or section 9602(b). ``(b) Transfers to Intermodal Infrastructure Trust Fund.--There are hereby appropriated to the Intermodal Infrastructure Trust Fund amounts equivalent to the taxes received in the Treasury under section 4471. ``(c) Expenditures From Intermodal Infrastructure Trust Fund.-- Amounts in the Intermodal Infrastructure Trust Fund shall be available, as provided in appropriations Acts, for transportation improvement, including-- ``(1) the construction or improvement of-- ``(A) passenger or freight rail lines, ``(B) highways, ``(C) bridges, ``(D) airports, ``(E) air traffic control systems, ``(F) port or marine facilities, ``(G) inland waterways, ``(H) transmission or distribution pipelines, ``(I) public transportation facilities or systems, ``(J) intercity passenger bus or passenger rail facilities or equipment, and ``(K) freight rail facilities or equipment, and ``(2) planning, preparation, or design of any project described in paragraph (1).''. (b) Clerical Amendment.--The table of sections for subchapter A of Chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Intermodal Infrastructure Trust Fund.''.

Summary: Amends the Internal Revenue Code to impose a 5% excise tax on persons providing a covered passenger cruise. Defines "covered passenger cruise" as a voyage of a commercial passenger cruise vessel that extends over one or more nights and during which passengers embark and disembark the vessel in the United States. Defines "passenger cruise vessel" as any passenger vessel having berth or stateroom accommodations for at least 250 passengers and that is used in the business of carrying passengers for hire. Establishes in the Treasury the Intermodal Infrastructure Trust Fund to be funded by the per passenger excise tax. Allows expenditures from such Fund for specified transportation improvements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Mental Health Treatment First Act of 2013''. SEC. 2. MENTAL HEATH CARE AND REHABILITATION FOR VETERANS FOR SERVICE- RELATED POST-TRAUMATIC STRESS DISORDER, DEPRESSION, ANXIETY DISORDER, OR RELATED SUBSTANCE USE DISORDER. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following new section: ``Sec. 1712C. Mental health care and rehabilitation for service-related post-traumatic stress disorder, depression, anxiety disorder, or related substance use disorder ``(a) In General.--The Secretary shall carry out a program of mental health care and rehabilitation for veterans who-- ``(1) have been discharged or released from service in the active military, naval, or air service under conditions other than dishonorable for a period of not more than two years; ``(2) are enrolled in the system of annual patient enrollment established and operated by the Secretary under section 1705 of this title and have been so enrolled since before the date of the enactment of the Veterans Mental Health Treatment First Act of 2013; ``(3) are diagnosed by a physician of the Department with post-traumatic stress disorder, depression, anxiety disorder, or substance use disorder related to post-traumatic stress disorder, depression, or anxiety disorder that is service- related (as determined in accordance with subsection (b)); and ``(4) agree to the conditions of participation applicable to such veterans set forth in subsection (c). ``(b) Treatment of Conditions as Service-Related.--(1) A condition of a veteran described in subsection (a)(3) shall be treated as service-related for purposes of this section if-- ``(A) the condition has previously been adjudicated by the Secretary to be service-connected; or ``(B) the condition is judged by the physician of the Department making the diagnosis for the veteran as described in subsection (a)(3) to be plausibly related to the service of the veteran in the active military, naval, or air service. ``(2) The Secretary shall prescribe in regulations the standards to be utilized by physicians of the Department in judging under paragraph (1)(B) whether or not a condition of a veteran described in subsection (a)(3) is plausibly related to the service of the veteran in the active military, naval, or air service. ``(c) Conditions of Participation.--(1) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for a condition described in subsection (a)(3) who has not yet filed a claim for disability under this title for such condition shall agree as follows: ``(A) To comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(B) Not to submit a claim for disability compensation under chapter 11 of this title for post-traumatic stress disorder, depression, anxiety disorder, or a related substance use disorder until the earlier of-- ``(i) the end of the one-year period beginning on the date of the commencement of the program by the veteran; or ``(ii) the conclusion of the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(2) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for a condition described in subsection (a)(3) who has filed a claim for disability under this title for such condition that has not been adjudicated by the Secretary at the time of the diagnosis of the veteran described in subsection (a)(3)-- ``(A) shall agree to comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran; and ``(B) may agree, at the election of the veteran, to the suspension by the Secretary of adjudication of such claim until completion by the veteran of the treatment regimen and rehabilitation plan. ``(3) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for one or more conditions described in subsection (a)(3) that have been determined by the Secretary to be service-connected shall agree as follows: ``(A) To comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(B) Not to submit a claim for an increase in disability compensation under chapter 11 of this title for or based on such condition or conditions until the earlier of-- ``(i) the end of the one-year period beginning on the date of the commencement of the program by the veteran; or ``(ii) the completion of the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(d) Treatment Regimen and Rehabilitation Plan.--(1) The Secretary shall provide for each veteran who participates in the program under this section a treatment regimen and rehabilitation plan for the post- traumatic stress disorder, depression, anxiety disorder, or related substance use disorder of such veteran as described in subsection (a)(3). The treatment regimen and rehabilitation plan shall be devised by appropriate clinicians and other appropriate personnel of the Department assigned for that purpose. ``(2) The treatment regimen and rehabilitation plan for a veteran under this subsection shall include such mental health care and rehabilitation as the clinicians and other personnel concerned consider appropriate for the remediation of the condition or conditions of the veteran covered by the plan. ``(3) The duration of each treatment regimen and rehabilitation plan under this subsection shall be such period as the clinician concerned considers appropriate. ``(e) Wellness Stipends.--(1) Subject to paragraph (4), each veteran covered by subsection (c)(1) who participates in the program under this section shall be paid a stipend as follows: ``(A) $2,000 payable upon commencement of the treatment regimen and rehabilitation plan provided under subsection (d) for such veteran. ``(B) $1,500 payable every 90 days thereafter upon certification by the clinician treating such veteran under the program that such veteran is in substantial compliance with such treatment regimen and rehabilitation plan, except that the total amount payable to such veteran under this subparagraph may not exceed $6,000. ``(C) $3,000 payable at the earlier of-- ``(i) the date of the conclusion of such treatment regimen and rehabilitation plan; or ``(ii) one year after the date of the commencement of such treatment regimen and rehabilitation plan by such veteran. ``(2) Subject to paragraph (4), each veteran covered by subsection (c)(2) who participates in the program under this section shall be paid a stipend as follows: ``(A) If such veteran agrees as provided in subparagraph (B) of subsection (c)(2), the stipend payable under paragraph (1). ``(B) If such veteran does not agree as provided in subparagraph (B) of subsection (c)(2), the stipend payable under paragraph (3). ``(3) Subject to paragraph (4), each veteran covered by subsection (c)(3) who participates in the program under this section shall be paid a stipend as follows: ``(A) $667 payable upon commencement of the treatment regimen and rehabilitation plan provided under subsection (d) for such veteran. ``(B) $500 payable every 90 days thereafter upon certification by the clinician treating such veteran under the program that such veteran is in substantial compliance with such treatment regimen and rehabilitation plan, except that the total amount payable to such veteran under this subparagraph may not exceed $2,000. ``(C) $1,000 payable at the earlier of-- ``(i) the date of the conclusion of such treatment regimen and rehabilitation plan; or ``(ii) one year after the date of the commencement of such treatment regimen and rehabilitation plan by such veteran. ``(4) In the event a veteran is determined by the Secretary to have failed to comply with any condition agreed to by the veteran under subsection (c), payment to the veteran of any stipend otherwise authorized to be payable under this subsection shall cease. ``(f) Limitation on Participation.--(1) Except as provided in paragraph (2), a veteran may participate only once in the program under this section. ``(2) A veteran may participate more than once in the program under this section if the Secretary determines that such additional participation in the program will assist the veteran in achieving the remediation of the condition or conditions addressed by participation in the program. ``(3) The total amount of stipend payable under subsection (e) to a veteran covered by paragraph (2) may not exceed $11,000.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1712B the following new item: ``1712C. Mental health care and rehabilitation for service-related post-traumatic stress disorder, depression, anxiety disorder, or related substance use disorder.''.

Summary: Veterans Mental Health Treatment First Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to carry out a program of mental health care and rehabilitation for veterans who: (1) have been discharged or released from active-duty service under conditions other than dishonorable for no more than two years; (2) are enrolled in the VA system of annual patient enrollment and were so enrolled before the date of enactment of this Act; (3) are diagnosed by a VA physician with post-traumatic stress disorder, depression, anxiety disorder, or substance use disorder that is service-related (as determined by the Secretary or a VA physician); and (4) agree to certain participation conditions, including not submitting a claim for veterans' disability compensation for any such condition until either one year after program commencement or the conclusion of the prescribed treatment regimen. Requires the Secretary to provide for each participant a treatment regimen and rehabilitation plan for the determined condition. Provides a stipend for participants, commencing upon program commencement, continuing through successful treatment and plan compliance, and ending either upon the conclusion of such treatment or one year after treatment and plan commencement. Allows a veteran to participate more than once in the program if the Secretary determines that the additional participation will assist the veteran in achieving the remediation of the condition.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Cancer Care Preservation Act''. SEC. 2. MEDICARE PAYMENT FOR DRUGS AND BIOLOGICALS. (a) In General.--Section 1842(o)(1) of the Social Security Act (42 U.S.C. 1395u(o)(1)) is amended by striking ``95 percent of the average wholesale price'' and inserting ``the payment amount specified in section 1834(n)(2)''. (b) Determination of Payment Amount.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(n) Payment for Drugs and Biologicals.-- ``(1) Reports by manufacturers.-- ``(A) In general.--Every drug manufacturer shall report to the Secretary, in the manner prescribed in this paragraph, its average sales price (as defined in subparagraph (B)) in the United States during each calendar quarter for drugs and biologicals covered under this part. ``(B) Definitions.--For purposes of this subsection-- ``(i) the term `manufacturer' means, with respect to a drug or biological, the entity identified by the Labeler Code portion of the National Drug Code of such drug or biological; and ``(ii) the term `average sales price' means the weighted average of all final sales prices to all purchasers, excluding sales specified in subparagraph (C). In determining such average sales prices, such prices shall be net of volume discounts, chargebacks, short- dated product discounts, free goods contingent on purchases, rebates (other than those made or authorized under section 1927), and all other price concessions that result in a reduction of the ultimate cost to the purchaser. ``(C) Consideration in calculation of average sales prices.--The calculation of average sales price under this subsection shall not include-- ``(i) prices that are excluded from the calculation of `best price' under section 1927(c)(1)(C); ``(ii) prices offered to entities that are considered under subparagraph (B)(i) to be the manufacturers of the drugs or biologicals involved; ``(iii) prices offered by a manufacturer to a hospital, nursing facility, hospice, or health maintenance organization; ``(iv) prices to governmental entities; and ``(v) nominal prices offered to bona fide charitable organizations. ``(D) Quarterly reports.--Each manufacturer shall submit the report required by subparagraph (A) to the Secretary by electronic means no later than 30 days after the end of a calendar quarter with respect to sales that occurred during such quarter. The Secretary shall prescribe the format and other requirements for the report. ``(E) Enforcement.-- ``(i) Failure to timely report.--The Secretary may impose a civil monetary penalty in an amount not to exceed $100,000 on a manufacturer that fails to provide the information required under this paragraph on a timely basis and in the manner required. ``(ii) False information.--For each item of false information, the Secretary may impose a civil money penalty in an amount not to exceed $100,000 on a manufacturer that knowingly provides false information under this paragraph. ``(iii) Manner of imposition of civil monetary penalties.--The provisions in section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(F) Confidentiality of information.-- Notwithstanding any other provision of law, information disclosed by manufacturers under this paragraph is confidential and shall not be disclosed by the Secretary in any form other than as specifically authorized by this subsection. ``(2) Calculation of payment amount.-- ``(A) In general.--Except as otherwise provided in this paragraph, the payment amount for a drug or biological furnished during a calendar quarter shall be 120 percent of the average sales price of the drug or biological for the second preceding calendar quarter as determined under paragraph (1). ``(B) Methodology.--In determining payment amounts under subparagraph (A), the Secretary may, in the Secretary's discretion, use either the average sales price for each drug or biological by specific drug or biological, or a cumulative average sales price based on sales data for all versions of a multiple-source drug that the Secretary, acting through the Food and Drug Administration, has determined are therapeutically equivalent (as evidenced by `A' ratings in the publication Approved Drug Products with Therapeutic Equivalence Evaluations). ``(C) Increase to reflect additional costs attributable to state and local taxes.--In the case of a drug or biological that was subject to a State or local sales tax or gross receipts tax when administered or dispensed, the payment amount determined under subparagraph (A) shall be increased by the amount of such tax paid with respect to such drug or biological. ``(D) Substitution of higher payment amount.--If a physician's, supplier's, or any other person's claim for payment for services under this Act documents that the price paid for a drug or biological was greater than the payment amount determined under subparagraph (A), the actual amount paid shall be substituted for the payment amount determined under subparagraph (A), unless the Secretary determines that the actual amount paid was unreasonable under the circumstances. ``(E) Increase for bad debt and certain other costs.--Upon the submission of supporting information, the Secretary shall make an additional payment to a physician or supplier to cover-- ``(i) uncollectible deductibles and coinsurance due from Medicare beneficiaries with respect to drugs and biologicals furnished to such beneficiaries; and ``(ii) costs incurred in procuring and billing for drugs and biologicals furnished to Medicare beneficiaries.''. SEC. 3. MEDICARE PAYMENT FOR DRUG ADMINISTRATION SERVICES. (a) General.--The Secretary of Health and Human Services (hereafter in this Act referred to as ``the Secretary'') shall revise the practice expense relative value units for drug administration services for years beginning with the year 2005 in accordance with this section. For purposes of this section, ``drug administration services'' includes chemotherapy administration services, therapeutic and diagnostic infusions and injections, and such other services as the Secretary specifies. (b) Direct Costs Equal to 100 Percent of CPEP Estimates.--Using the information, including estimates of clinical staff time, developed in the clinical practice expert panel process, including refinements by American Medical Association committees, the Secretary shall estimate the costs of the nursing and other clinical staff, supplies, and procedure-specific equipment (exceeding a cost specified by the Secretary) used in furnishing each type of drug administration service. The Secretary shall utilize without revision the minutes of clinical staff time determined in such process. The Secretary shall convert the information from such process to estimated costs by applying the most current available data on staff salary, supply, and equipment costs, and such costs shall be updated to 2005 based on estimated changes in prices since the date of such data. (c) Total Practice Expenses.--The Secretary shall estimate the total practice expenses of each drug administration service by assuming that the direct costs for the service determined under subsection (b) are 33.2 percent of such total practice expenses. (d) Conversion to Relative Value Units.--The Secretary shall convert the total practice expenses determined under subsection (c) to practice expense relative value units for each drug administration service by dividing such expenses by the conversion factor that will be in effect for the physician fee schedule for 2005. The relative value units as so determined shall be used in determining the fee schedule amounts paid for drug administration services under section 1848 of the Social Security Act (42 U.S.C. 1395w-4). (e) Updates.--For years after 2005, the relative values determined under subsection (d) shall continue in effect except that the Secretary shall revise them as necessary to maintain their accuracy, provided that such revisions are consistent with the methodology set forth in this section. (f) Multiple Pushes.--In establishing the payment amounts under this section, the Secretary shall establish the payment amount for intravenous chemotherapy administration by push technique based on the administration of a single drug. The Secretary shall make the same payment for each additional drug administered by push technique during the same encounter, except to the extent that the Secretary finds that the cost of administering additional drugs is less than the cost of administering the first drug. SEC. 4. PAYMENTS FOR CHEMOTHERAPY SUPPORT SERVICES. (a) General.--Beginning in the year 2005, the Secretary shall recognize and make payments under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for chemotherapy support services furnished incident to physicians' services. For the purposes of this section, ``chemotherapy support services'' are services furnished by the staff of physicians to patients undergoing treatment for cancer that were not included in the computation of clinical staff costs under section 3(b). Such services include social worker services, nutrition counseling, psychosocial services, and similar services. (b) Direct Costs.--The Secretary shall estimate the cost of the salary and benefits of staff furnishing chemotherapy support services as they are provided in oncology practices that furnish these services to cancer patients in a manner that is considered to be high quality care. The estimate shall be based on the weekly cost of such services per patient receiving chemotherapy. (c) Total Costs.--The Secretary shall estimate the total practice expenses of chemotherapy support services by assuming that the direct costs for the service determined under subsection (b) are 33.2 percent of such total practice expenses. (d) Conversion to Relative Value Units.--The Secretary shall convert the total practice expenses determined under subsection (c) to practice expense relative value units for chemotherapy support services by dividing such expenses by the conversion factor that will be in effect for the physician fee schedule for 2005. The relative value units as so determined shall be used in determining the fee schedule amounts paid for chemotherapy support services under such section 1848. (e) Updates.--For the years after 2005, the relative values determined under subsection (d) shall continue in effect except that the Secretary shall revise them as necessary to maintain their accuracy, provided that such revisions are consistent with the methodology set forth in this section. SEC. 5. CANCER THERAPY MANAGEMENT SERVICES. The Secretary shall recognize and establish a payment amount for the service of cancer therapy management to account for the greater pre-service and post-service work associated with visits and consultations conducted by physicians treating cancer patients compared to typical visits and consultations. The payment amount may vary by the level and type of the related visit or consultation. SEC. 6. OTHER SERVICES WITHOUT PHYSICIAN WORK RELATIVE VALUE UNITS. The Secretary shall develop a revised methodology for determining the payment amounts for services that are paid under the fee schedule established by section 1848 of the Social Security Act (42 U.S.C. 1395w-4) and that do not have physician work relative value units, including radiation oncology services. Such methodology shall result in payment amounts that fully cover the costs of furnishing such services. Until such time as the methodology for such services is revised and implemented, all such services shall be protected from further payment cuts due to factors such as shifts in utilization or removal of any one specialty's services that are paid under the fee schedule established by such section 1848 and that do not have physician work relative value units. SEC. 7. PHYSICIAN SUPERVISION OF SERVICES. Section 1834 of the Social Security Act (42 U.S.C. 1395m), as amended by section 2, is further amended by adding at the end the following new subsection: ``(o) Supervision Requirements.--If the Secretary requires direct supervision of a service by a physician, that supervision requirement may be fulfilled by one or more physicians other than the physician who ordered the service. If the supervising physician is different from the ordering physician for a particular service, the ordering physician may nevertheless bill for such service provided that the medical records for the service involved identify the supervising physician or physicians.''. SEC. 8. REPORT TO CONGRESS. No later than April 1, 2004, the Secretary shall submit to Congress a report on the payment amounts that are projected to be adopted under sections 2, 3, 4, and 5 of this Act. SEC. 9. INSTITUTE OF MEDICINE STUDY. (a) General.--The Secretary of Health and Human Services shall request the Institute of Medicine to conduct the study described in this section. (b) Baseline Study.--The first phase of the study shall include the following objectives: (1) An assessment of the extent to which the current Medicare payment system, prior to implementation of the amendments made by this Act, facilitates appropriate access to care by cancer patients in the various treatment settings. (2) The identification of the comprehensive range of services furnished to cancer patients in the outpatient setting, including support services such as psychosocial services and counseling, and recommendations regarding the types of services that ought to be furnished to Medicare patients with cancer. (3) A discussion of the practice standards necessary to assure the safe provision of services to cancer patients. (4) An analysis of the extent to which the current Medicare payment system supports the role of nurses in the provision of oncology services and recommendations for any necessary improvements in the payment system in that respect. (5) The development of a framework for assessing how the amendments made by this act affect the provision of care to Medicare patients with cancer in the various treatment settings. (c) Second Phase of Study.--After the implementation of the amendments made by this Act, the study shall determine whether and how those amendments affected the provision of care to Medicare patients with cancer. (d) Consultation.--The Institute of Medicine shall consult with the National Cancer Policy Board and organizations representing cancer patients and survivors, oncologists, oncology nurses, social workers, cancer centers, and other healthcare professionals who treat cancer patients in planning and carrying out this study. (e) Due Dates.-- (1) The study required by subsection (b) shall be submitted to the Congress and the Secretary of Health and Human Services no later than June 30, 2004. (2) The study required by subsection (c) shall be submitted to the Congress and the Secretary of Health and Human Services no later than December 31, 2006. SEC. 10. EFFECTIVE DATES. (a) General.--Except as provided in this section, the provisions of this Act shall apply to drugs, biologicals, and services furnished on or after January 1, 2005. (b) Reports From Manufacturers.--The first report by manufacturers required by the provisions of section 2 shall be submitted no later than October 30, 2004, with respect to sales that occurred in the quarter ending September 30, 2004. (c) Supervision of Services.--The amendment made by section 7 shall be effective upon enactment. (d) Services Other Than Drug Administration.--The Secretary shall implement the requirements of section 6 no later than January 1, 2005.

Summary: Quality Cancer Care Preservation Act - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment amount for covered drugs and biologicals furnished during a calendar quarter that are not paid on a cost or prospective payment basis. Changes such amount from 95 percent of the average wholesale price to 120 percent of the average sales price of the drug or biological for the second preceding calendar quarter. Requires drug manufacturers to report average sales prices each calendar quarter for covered drugs and biologicals.Directs the Secretary of Health and Human Services to: (1) revise the practice expense relative value units for drug administration services (including chemotherapy administration services) in accordance with this Act to determine the units to be used in determining the fee schedule amounts paid for drug administration services under the Medicare program; (2) recognize and make payments under Medicare for chemotherapy support services furnished incident to physicians' services; (3) recognize and establish a payment amount for the service of cancer therapy management to account for the greater pre-service and post-service work associated with visits and consultations conducted by physicians treating cancer patients compared to typical visits and consultations; and (4) develop a revised methodology for determining the payment amounts for services that are paid under the Medicare fee schedule and that do not have physician work relative value units, including radiation oncology services.Amends SSA title XVIII to provide that if the Secretary requires direct supervision of a service by a physician, that supervision requirement may be fulfilled by one or more physicians other than the physician who ordered the service.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lawsuit Abuse Protection Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States civil justice system is inefficient, unpredictable, unfair, costly, and impedes competitiveness in the marketplace for goods, services, business, and employees; (2) the defects in the civil justice system have a direct and undesirable effect on interstate commerce by decreasing the availability of goods and services in commerce; (3) there is a need to restore rationality, certainty, and fairness to the legal system; (4) the spiralling costs of litigation and the magnitude and unpredictability of punitive damage awards and noneconomic damage awards have continued unabated for at least the past 30 years; (5) the Supreme Court of the United States has recognized that a punitive damage award can be unconstitutional if the award is grossly excessive in relation to the legitimate interest of the government in the punishment and deterrence of unlawful conduct; (6) just as punitive damage awards can be grossly excessive, so can it be grossly excessive in some circumstances for a party to be held responsible under the doctrine of joint and several liability for damages that party did not cause; (7) as a result of joint and several liability, entities including small businesses are often brought into litigation despite the fact that their conduct may have little or nothing to do with the accident or transaction giving rise to the lawsuit, and may therefore face increased and unjust costs due to the possibility or result of unfair and disproportionate damage awards; (8) the costs imposed by the civil justice system on small businesses are particularly acute, since small businesses often lack the resources to bear those costs and to challenge unwarranted lawsuits; (9) due to high liability costs and unwarranted litigation costs, small businesses face higher costs in purchasing insurance through interstate insurance markets to cover their activities; (10) liability reform for small businesses will promote the free flow of goods and services, lessen burdens on interstate commerce, and decrease litigiousness; and (11) legislation to address these concerns is an appropriate exercise of Congress' powers under Article I, section 8, clauses 3, 9, and 18 of the Constitution, and the fourteenth amendment to the Constitution. SEC. 3. DEFINITIONS. In this Act: (1) Act of international terrorism.--The term ``act of international terrorism'' has the same meaning as in section 2331 of title 18, United States Code). (2) Crime of violence.--The term ``crime of violence'' has the same meaning as in section 16 of title 18, United States Code. (3) Drug.--The term ``drug'' means any controlled substance (as that term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802(b)) that was not legally prescribed for use by the defendant or that was taken by the defendant other than in accordance with the terms of a lawfully issued prescription. (4) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (5) Harm.--The term ``harm'' includes physical, nonphysical, economic, and noneconomic losses. (6) Hate crime.--The term ``hate crime'' means a crime described in section 1(b) of the Hate Crime Statistics Act (28 U.S.C. 534 note)). (7) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), injury to reputation, and all other nonpecuniary losses of any kind or nature. (8) Small business.-- (A) In general.--The term ``small business'' means any unincorporated business, or any partnership, corporation, association, unit of local government, or organization that has less than 25 full-time employees. (B) Calculation of number of employees.--For purposes of subparagraph (A), the number of employees of a subsidiary of a wholly-owned corporation includes the employees of-- (i) a parent corporation; and (ii) any other subsidiary corporation of that parent corporation. (10) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. SEC. 4. LIMITATION ON PUNITIVE DAMAGES FOR SMALL BUSINESSES. (a) General Rule.--Except as provided in section 6, in any civil action against a small business, punitive damages may, to the extent permitted by applicable State law, be awarded against the small business only if the claimant establishes by clear and convincing evidence that conduct carried out by that defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. (b) Limitation on Amount.--In any civil action against a small business, punitive damages shall not exceed the lesser of-- (1) two times the total amount awarded to the claimant for economic and noneconomic losses; or (2) $250,000. (c) Application by Court.--This section shall be applied by the court and shall not be disclosed to the jury. SEC. 5. LIMITATION ON SEVERAL LIABILITY FOR NONECONOMIC LOSS FOR SMALL BUSINESSES. (a) General Rule.--Except as provided in section 6, in any civil action against a small business, the liability of each defendant that is a small business, or the agent of a small business, for noneconomic loss shall be determined in accordance with subsection (b). (b) Amount of Liability.-- (1) In general.--In any civil action described in subsection (a)-- (A) each defendant described in that subsection shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which the defendant is liable; and (B) the court shall render a separate judgment against each defendant described in that subsection in an amount determined pursuant to subparagraph (A). (2) Percentage of responsibility.--For purposes of determining the amount of noneconomic loss allocated to a defendant under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the harm to the claimant, regardless of whether or not the person is a party to the action. SEC. 6. EXCEPTIONS TO LIMITATIONS ON LIABILITY. The limitations on liability under sections 4 and 5 do not apply to any misconduct of a defendant-- (1) that constitutes-- (A) a crime of violence; (B) an act of international terrorism; or (C) a hate crime; (2) that involves-- (A) a sexual offense, as defined by applicable State law; or (B) a violation of a Federal or State civil rights law; or (3) if the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or a drug at the time of the misconduct, and the fact that the defendant was under the influence was the cause of any harm alleged by the plaintiff in the subject action. SEC. 7. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--Subject to subsection (b), this Act preempts the laws of any State to the extent that State laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protections from liability for small businesses. (b) Election of State Regarding Nonapplicability.--This Act does not apply to any action in a State court against a small business in which all parties are citizens of the State, if the State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act does not apply as of a date certain to such actions in the State; and (3) containing no other provision. SEC. 8. EFFECTIVE DATE. (a) In General.--This Act shall take effect 90 days after the date of enactment of this Act. (b) Application.--This Act applies to any claim for harm caused by an act or omission of a small business, if the claim is filed on or after the effective date of this Act, without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.

Summary: Small Business Lawsuit Abuse Protection Act of 1997 - Provides that, in any civil action against a small business (fewer than 25 full-time employees), punitive damages may be awarded against such business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Prohibits, in any action against a small business, punitive damages from exceeding the lesser of: (1) twice the amount awarded for economic and noneconomic losses; or (2) $250,000. Provides that, in such an action, the liability of each defendant small business shall be limited to the amount of noneconomic loss allocated to that defendant in direct proportion to its percentage of responsibility for the harm that is the subject of the action. Requires the court to render a separate judgment against each such defendant. Provides as exceptions to the small business liability limitations under this Act any misconduct: (1) that constitutes a crime of violence, international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of a Federal or State civil rights law; or (3) if the defendant was under the influence of intoxicating alcohol or a drug at the time of the misconduct and that fact causes any of the harm alleged.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Country-of-Origin Labeling for Fuels Act''. SEC. 2. DEFINITIONS. In this Act: (1) Country-of-origin information.--The term ``country-of- origin information'' means information regarding each country in which motor vehicle fuel or the components of such fuel were extracted, refined, or otherwise processed. (2) Motor vehicle fuel.--The term ``motor vehicle fuel''-- (A) means any fuel used to power an automobile, as defined in section 32901(3) of title 49, United States Code; and (B) includes alternative fuels, as defined in section 32901(1) of such title, other than electricity (including electricity from solar energy). (3) Motor vehicle fuel retailer.--The term ``motor vehicle fuel retailer'' means a person in the motor vehicle fuel supply chain who sells motor vehicle fuel to the general public for ultimate consumption. (4) Motor vehicle fuel supplier.--The term ``motor vehicle fuel supplier'' means a person in the motor vehicle fuel supply chain other than a motor vehicle fuel retailer. SEC. 3. STUDY ON IMPLEMENTING COUNTRY-OF-ORIGIN LABELING FOR MOTOR VEHICLE FUEL. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall-- (1) conduct a study to determine appropriate methods and standards for requiring that-- (A) motor vehicle fuel suppliers disclose country- of-origin information with respect to motor vehicle fuel to the next person in the motor vehicle fuel supply chain; and (B) motor vehicle retailers disclose such information to consumers; and (2) make recommendations with respect to the most feasible and cost-effective country-of-origin information disclosure requirements that can be imposed on motor vehicle fuel suppliers and motor vehicle fuel retailers. (b) Elements of Study.--The study required by subsection (a) shall address the following: (1) The extent to which persons at each step in the motor vehicle fuel supply chain have access to country-of-origin information regarding the fuel they sell, and the nature of any such information. (2) An assessment of whether such information is adequate-- (A) to enable a motor vehicle fuel supplier to provide country-of-origin information to the next person in the supply chain; and (B) to enable a motor vehicle fuel retailer to provide country-of-origin information to consumers, by displaying that information at fuel pumps or on a website. (3) If the Secretary determines under paragraph (2) that such information is inadequate to enable motor vehicle fuel suppliers or motor vehicle fuel retailers to provide country- of-origin information, measures that can be taken to collect adequate information-- (A) by the Secretary; and (B) by motor vehicle fuel suppliers and motor vehicle fuel retailers. (4) The feasibility of various country-of-origin information disclosure requirements, including-- (A) displaying at each fuel pump the precise country or countries in which the fuel being dispensed to each consumer originated; and (B) displaying at each motor vehicle fuel retailer or on the website of each motor vehicle fuel supplier or motor vehicle fuel retailer the country or countries from which the fuel the supplier or retailer (as the case may be) sells generally originates. (5) Such other issues relating to motor vehicle fuel country-of-origin information disclosure requirements as the Secretary considers appropriate. (c) Report to Congress.--Not later than 90 days after completing the study required by subsection (a), the Secretary shall submit to Congress a report that-- (1) summarizes the results of the study; and (2) contains the recommendations required by subsection (a)(2). SEC. 4. REGULATIONS REQUIRING COUNTRY-OF-ORIGIN INFORMATION DISCLOSURE. (a) In General.--Not later than 180 days after submitting the report required by section 3(c), the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall prescribe regulations requiring disclosure of country-of- origin information by motor vehicle fuel suppliers and motor vehicle fuel retailers in accordance with the Secretary's recommendations in the report. (b) 70 Percent Threshold.--The regulations required by subsection (a) shall not require the listing of more than one country-of-origin for a fuel blend containing fuel 70 percent or more of which originated in a single country. SEC. 5. ENFORCEMENT. (a) In General.--Subject to subsection (b), the Secretary of Energy may impose a civil penalty of not more than $10,000 on a person that the Secretary determines, in accordance with section 554 of title 5, United States Code, knowingly violates the regulations prescribed under section 4. (b) Requirements With Respect to Imposition of Penalty.-- (1) Notice.--The Secretary of Energy may not impose a penalty upon a person for violating the regulations prescribed under section 4 unless-- (A) the Secretary provides the person with notice of the violation; and (B) the violation continues for more than 30 days after the date on which the person received notice under subparagraph (A). (2) Determination of amount of penalty.--In determining the amount of the penalty to be imposed on a person for violating the regulations prescribed under section 4, the Secretary shall consider the severity of the violation, the size of the person's business, and the effect of the penalty on the person's ability to continue in business.

Summary: Country-of-Origin Labeling for Fuels Act - Directs the Secretary of Energy to study and report to Congress with recommendations for appropriate methods and standards for requiring: (1) motor vehicle fuel suppliers to disclose to the next person in the motor vehicle fuel supply chain information regarding each country in which the fuel or any of its components were extracted, refined, or otherwise processed; and (2) motor vehicle retailers to disclose this information to consumers. Requires the Secretary to prescribe regulations requiring disclosure of country-of-origin information by motor vehicle fuel suppliers and retailers in accordance with such recommendations. Prohibits such regulations, however, from requiring the listing of more than one country-of-origin for a fuel blend containing fuel 70% or more of which originated in a single country. Authorizes the Secretary to impose a civil penalty of up to $10,000 on any person that knowingly violates such regulations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Morale, Recognition, Learning and Engagement Act of 2017'' or the ``DHS MORALE Act''. SEC. 2. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES. Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``, including with respect to leader development and employee engagement,'' after ``policies''; (ii) by striking ``and in line'' and inserting ``, in line''; and (iii) by inserting ``and informed by best practices within the Federal government and the private sector,'' after ``priorities,''; (B) in paragraph (2), by striking ``develop performance measures to provide a basis for monitoring and evaluating'' and inserting ``evaluate, on an ongoing basis,''; (C) in paragraph (3), by inserting ``that, to the extent practicable, are informed by employee feedback,'' after ``policies''; (D) in paragraph (4), by inserting ``including leader development and employee engagement programs,'' before ``in coordination''; (E) in paragraph (5), by inserting before the semicolon at the end the following: ``that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and non-supervisory roles across the Department and appropriate workforce planning initiatives''; (F) by redesignating paragraphs (9) and (10) as paragraphs (11) and (12), respectively; and (G) by inserting after paragraph (8) the following new paragraphs: ``(9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 844, departmental leadership development programs, interagency development programs, and other rotational programs; ``(10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees;''; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection: ``(d) Chief Learning and Engagement Officer.--The Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section.''; and (4) in subsection (e), as so redesignated-- (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (1) the following new paragraphs: ``(2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction; ``(3) information on the progress of Department-wide strategic workforce planning efforts as determined under paragraph (2) of subsection (b); ``(4) information on the activities of the steering committee established pursuant to section 710(a), including the number of meeting, types of materials developed and distributed, and recommendations made to the Secretary;''. SEC. 3. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section: ``SEC. 710. EMPLOYEE ENGAGEMENT. ``(a) Steering Committee.--Not later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and non-supervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities: ``(1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. ``(2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. ``(3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. ``(4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. ``(5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Department-wide efforts to improve employee engagement, morale, and communications. ``(b) Action Plan; Reporting.--The Secretary, acting through the Chief Human Capital Officer, shall-- ``(1) not later than 120 days after the date of the establishment of the steering committee under subsection (a), issue a Department-wide employee engagement action plan, reflecting input from the employee engagement steering committee established pursuant to subsection (a) and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and ``(2) require the head of each component to-- ``(A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; ``(B) monitor progress on implementation of such action plan; and ``(C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. ``(c) Termination.--This section shall terminate on the date that is 5 years after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 709 the following new item: ``Sec. 710. Employee engagement.''. (c) Submissions to Congress.-- (1) Department-wide employee engagement action plan.--The Secretary of Homeland Security, acting through the Chief Human Capital Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the Department-wide employee engagement action plan required under subsection (b)(1) of section 710 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 30 days after the issuance of such plan under such subsection (b)(1). (2) Component-specific employee engagement plans.--Each head of a component of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the component-specific employee engagement plan of each such component required under subsection (b)(2) of section 710 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 30 days after the issuance of each such plan under such subsection (b)(2). SEC. 4. ANNUAL EMPLOYEE AWARD PROGRAM. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 3 of this Act, is further amended by adding at the end the following new section: ``SEC. 711. ANNUAL EMPLOYEE AWARD PROGRAM. ``(a) In General.--The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department's goals and missions. If such a program is established, the Secretary shall-- ``(1) establish within such program categories of awards, each with specific criteria, that emphasizes honoring employees who are at the non-supervisory level; ``(2) publicize within the Department how any employee or group of employees may be nominated for an award; ``(3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; ``(4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and ``(5) publicize such program within the Department. ``(b) Internal Review Board.--The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and non-supervisory personnel, and employee labor organizations that represent Department employees. ``(c) Rule of Construction.--Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by section 3 of this Act, is further amended by inserting after the item relating to section 710 the following new item: ``Sec. 711. Annual employee award program.''. SEC. 5. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN. (a) In General.--Not later than 120 days after the date of the enactment of this Act or the issuance of a report by the Inspector General of the Department of Homeland Security on the extent to which the Department has an equitable and consistent disciplinary process, whichever is later, but in no case later than 1 year after such date of enactment, the Comptroller General of the United States shall utilize, if available, such report and investigate whether the application of discipline and adverse actions are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department for misconduct by a non- supervisory or supervisor employee who engaged in the same or substantially similar misconduct. (b) Consultation.--In carrying out the investigation described in subsection (a), the Comptroller General of the United States shall consult with the employee engagement steering committee established pursuant to subsection (b)(1) of section 710 of the Homeland Security Act of 2002 (as added by section 3(a) of this Act). (c) Action by Under Secretary for Management.--Upon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 710 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 710. SEC. 5. PROHIBITION ON NEW FUNDING. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives June 20, 2017. Attest: KAREN L. HAAS, Clerk.

Summary: Department of Homeland Security Morale, Recognition, Learning and Engagement Act of 2017 or the DHS MORALE Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Chief Human Capital Officer of the Department of Homeland Security (DHS) (the chief) to: develop and implement strategic workforce planning policies with respect to leader development and employee engagement; develop and implement policies that are informed by employee feedback; require that the career path framework and leader development opportunities are informed by an assessment of the learning and developmental needs of employees across DHS and appropriate workforce planning initiatives; maintain a catalogue of available employee development opportunities, departmental leadership development programs, interagency development programs, and other rotational programs; and ensure that employee discipline and adverse action programs comply with all pertinent laws, regulations, and federal guidance and ensure due process. The chief may designate a DHS employee to serve as Chief Learning and Engagement Officer. DHS's report to Congress on fulfilling its workforce strategies shall include information on: (1) employee development opportunities, participation and attrition rates, and impacts on retention and employee satisfaction; (2) progress of strategic workforce planning efforts; and (3) activities of the employee engagement steering committee. (Sec. 3) The bill establishes an employee engagement steering committee, including representatives from operational components, headquarters, field personnel, and employee labor organizations, to: identify factors that have a negative impact on employee engagement, morale, and communications within DHS; identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within DHS; monitor efforts of each DHS component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications; advise DHS on efforts to improve employee engagement, morale, and communications within specific DHS components and across DHS; and conduct regular meetings and report, at least quarterly, to the Under Secretary for Management, the head of each component, and the DHS Secretary on DHS-wide efforts to improve employee engagement, morale, and communications. The chief shall: (1) issue a DHS-wide employee engagement action plan to execute strategies to improve employee engagement, morale, and communications within DHS; and (2) require each component to develop and implement a component-specific plan to advance such action plan, monitor progress, and provide quarterly reports on progress. The preceding provisions terminate five years after enactment. (Sec. 4) DHS may establish an annual employee award program to recognize DHS employees for significant contributions to the achievement of its goals and missions. (Sec. 5) The Government Accountability Office (GAO) shall utilize a report by the Inspector General General of DHS, if available, and investigate whether the application of discipline and adverse actions are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across DHS for misconduct by a non-supervisory or a supervisor employee. DHS's Under Secretary for Management shall: (1) review the findings and recommendations of such investigation and implement a plan to correct any relevant deficiencies identified by the GAO, and (2) direct the steering committee to review such plan to inform committee activities and action plans authorized under this bill.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Political Intelligence Disclosure Act''. SEC. 2. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVITIES UNDER LOBBYING DISCLOSURE ACT. (a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended-- (1) in paragraph (2)-- (A) by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''; and (B) by inserting after ``lobbyists'' the following: ``or political intelligence consultants''; and (2) by adding at the end the following new paragraphs: ``(17) Political intelligence activities.--The term `political intelligence activities' means political intelligence contacts and efforts in support of such contacts, including preparation and planning activities, research, and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the political intelligence activities of others. ``(18) Political intelligence contact.-- ``(A) Definition.--The term `political intelligence contact' means any oral or written communication (including an electronic communication) to or from a covered executive branch official or a covered legislative branch official, the information derived from which is intended for use in analyzing securities or commodities markets, or in informing investment decisions, that is made on behalf of a client with regard to-- ``(i) the formulation, modification, or adoption of Federal legislation (including legislative proposals); ``(ii) the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy, or position of the United States Government; or ``(iii) the administration or execution of a Federal program or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, or license). ``(B) Exception.--The term `political intelligence contact' does not include a communication that is made by or to a representative of the media if the purpose of the communication is gathering and disseminating news and information to the public. ``(19) Political intelligence firm.--The term `political intelligence firm' means a person or entity that has 1 or more employees who are political intelligence consultants to a client other than that person or entity. ``(20) Political intelligence consultant.--The term `political intelligence consultant' means any individual who is employed or retained by a client for financial or other compensation for services that include one or more political intelligence contacts.''. (b) Registration Requirement.--Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by inserting after ``whichever is earlier,'' the following: ``or a political intelligence consultant first makes a political intelligence contact,''; and (ii) by inserting after ``such lobbyist'' each place that term appears the following: ``or consultant''; (B) in paragraph (2), by inserting after ``lobbyists'' each place that term appears the following: ``or consultants''; and (C) in paragraph (3)(A)-- (i) by inserting after ``lobbying activities'' each place that term appears the following: ``and political intelligence activities''; and (ii) in clause (i), by inserting after ``lobbying firm'' the following: ``or political intelligence firm''; (2) in subsection (b)-- (A) in paragraph (3), by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''; (B) in paragraph (4)-- (i) in the matter preceding subparagraph (A), by inserting after ``lobbying activities'' the following: ``or political intelligence activities''; and (ii) in subparagraph (C), by inserting after ``lobbying activity'' the following: ``or political intelligence activity''; (C) in paragraph (5), by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''; (D) in paragraph (6), by inserting after ``lobbyist'' each place that term appears the following: ``or political intelligence consultant''; and (E) in the matter following paragraph (6), by inserting ``or political intelligence activities'' after ``such lobbying activities''; (3) in subsection (c)-- (A) in paragraph (1), by inserting after ``lobbying contacts'' the following: ``or political intelligence contacts''; and (B) in paragraph (2)-- (i) by inserting after ``lobbying contact'' the following: ``or political intelligence contact''; and (ii) by inserting after ``lobbying contacts'' the following: ``and political intelligence contacts''; and (4) in subsection (d)(1), by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''. (c) Reports by Registered Political Intelligence Consultants.-- Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) in subsection (a), by inserting after ``lobbying activities'' the following: ``and political intelligence activities''; (2) in subsection (b)-- (A) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting after ``lobbying activities'' the following: ``or political intelligence activities''; (ii) in subparagraph (A)-- (I) by inserting after ``lobbyist'' the following: ``or political intelligence consultant''; and (II) by inserting after ``lobbying activities'' the following: ``or political intelligence activities''; (iii) in subparagraph (B), by inserting after ``lobbyists'' the following: ``or political intelligence consultants''; and (iv) in subparagraph (C), by inserting after ``lobbyists'' the following: ``or political intelligence consultants''; (B) in paragraph (3)-- (i) by inserting after ``lobbying firm'' the following: ``or political intelligence firm''; and (ii) by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''; and (C) in paragraph (4), by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''; and (3) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``or a political intelligence consultant'' after ``a lobbyist''. (d) Disclosure and Enforcement.--Section 6(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended-- (1) in paragraph (3)(A), by inserting after ``lobbying firms'' the following: ``, political intelligence consultants, political intelligence firms,''; (2) in paragraph (7), by striking ``or lobbying firm'' and inserting ``lobbying firm, political intelligence consultant, or political intelligence firm''; and (3) in paragraph (8), by striking ``or lobbying firm'' and inserting ``lobbying firm, political intelligence consultant, or political intelligence firm''. (e) Rules of Construction.--Section 8(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1607(b)) is amended by striking ``or lobbying contacts'' and inserting ``lobbying contacts, political intelligence activities, or political intelligence contacts''. (f) Identification of Clients and Covered Officials.--Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended-- (1) in subsection (a)-- (A) in the heading, by inserting ``or Political Intelligence'' after ``Lobbying''; (B) by inserting ``or political intelligence contact'' after ``lobbying contact'' each place that term appears; and (C) in paragraph (2), by inserting ``or political intelligence activity, as the case may be'' after ``lobbying activity''; (2) in subsection (b)-- (A) in the heading, by inserting ``or Political Intelligence'' after ``Lobbying''; (B) by inserting ``or political intelligence contact'' after ``lobbying contact'' each place that term appears; and (C) in paragraph (2), by inserting ``or political intelligence activity, as the case may be'' after ``lobbying activity''; and (3) in subsection (c), by inserting ``or political intelligence contact'' after ``lobbying contact''. (g) Annual Audits and Reports by Comptroller General.--Section 26 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1614) is amended-- (1) in subsection (a), by inserting ``political intelligence firms, political intelligence consultants,'' after ``lobbying firms''; (2) in subsection (b)(1)(A), by inserting ``political intelligence firms, political intelligence consultants,'' after ``lobbying firms''; and (3) in subsection (c), by inserting ``or political intelligence consultant'' after ``a lobbyist''.

Summary: Political Intelligence Disclosure Act - Amends the Lobbying Disclosure Act of 1995 (LDA) to require the disclosure of political intelligence activities. Requires political intelligence consultants to register with the Secretary of the Senate and the Clerk of the House of Representatives, and make quarterly reports on political intelligence activities. Requires any person or entity that makes an oral political intelligence contact with a covered legislative branch or executive branch official on the official's request to: (1) state whether such person or entity is registered under this Act; (2) identify the client on behalf of whom the contact is made; and (3) state whether such client is a foreign entity, and make any related disclosures. Requires any person making a written political intelligence contact with a covered legislative branch or executive branch official to make similar disclosures, especially about clients considered foreign entities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Citizens Voting Rights Act of 1996''. SEC. 2. EXTENSION OF PERIOD FOR RECEIPT OF ABSENTEE BALLOTS. Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended-- (1) by striking out ``and'' at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(4) permit absentee ballots to be received at least until the close of polls on election day.''. SEC. 3. EXTENSION OF FEDERAL WRITE-IN ABSENTEE BALLOT PROVISIONS TO SPECIAL, PRIMARY, AND RUNOFF ELECTIONS. (a) In General.--Section 103(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is amended-- (1) by inserting after ``general'' the following: ``, special, primary, and runoff''; and (2) by striking out ``States,'' and inserting in lieu thereof ``State''. (b) Special Rules.--Section 103(c) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(c)) is amended-- (1) in paragraph (1), by inserting after ``candidate or'' the following: ``, with respect to a general or special election,''; and (2) in paragraph (2), by inserting after ``candidate or'' the following: ``with respect to a general election''. (c) Use of Approved State Absentee Ballot in Place of Federal Write-in Absentee Ballot.--Section 103(e) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(e)) is amended by striking out ``a general'' and inserting in lieu thereof ``an''. (d) Certain States Exempted.--Section 103(f) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(f)) is amended by striking out ``general'' each place it appears. (e) Effective Date.--The amendments made by this section shall apply with respect to elections taking place after December 31, 1996. SEC. 4. USE OF ELECTRONIC RETURN OF ABSENTEE BALLOTS. (a) In General.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended-- (1) by striking out ``and'' at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(10) in consultation with the Presidential designee, consider means for providing for expeditious methods for the return of absentee ballots, including return by electronic transmittal, with maximum regard for ballot secrecy, audit procedures, and other considerations relating to the integrity of the election process.''. (b) Secrecy and Verification of Electronically Transmitted Ballots.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended-- (1) by striking out ``To afford'' and inserting in lieu thereof ``(a) In General.--To afford''; and (2) by adding at the end the following new subsection: ``(b) Secrecy and Verification of Electronically Transmitted Ballots.--No electronic transmittal or related procedure under subsection (a)(10) that is paid for, in whole or in part, with Federal funds may be carried out in any manner that (1) permits any person other than the voter to view a completed ballot, or (2) otherwise compromises ballot secrecy. At the earliest possible opportunity, the original of each completed ballot that is transmitted electronically shall be submitted in a secrecy envelope to the applicable location in the State involved.'' SEC. 5. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS. (a) In General.--The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by adding at the end the following new sections: ``SEC. 108. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS. ``(a) In General.--Each State, in cooperation with the Presidential designee, shall establish a system for electronic transmittal of balloting materials for overseas voters. The system shall provide for-- ``(1) electronic transmittal as an alternative method for transmittal of balloting materials to overseas voters; ``(2) use of the format of the official post card form prescribed under section 101 (or the format of any other registration form provided for under State law) for purposes of absentee voter registration application and absentee ballot application, with the condition that a State may require receipt of a form with an original signature before the ballot of the voter is counted; ``(3) furnishing of absentee ballots by electronic transmittal, from locations within the State, as selected by the chief State election official, to overseas voters who request such transmittal; and ``(4) special alternative methods of transmittal of balloting materials for use only when required by an emergency declared by the President or the Congress. ``(b) Funding Requirement.--The requirements of subsection (a) shall apply to a State with respect to an election-- ``(1) if there is full payment by the Federal Government of any additional cost incurred by the State after the date of the enactment of this Act for the implementation of such subsection (a), with such costs to be determined by the Presidential designee and the chief State election official, acting jointly; or ``(2) in any case of less than full payment, as described in paragraph (1), if the State, in the manner provided for under the law of the State, agrees to the application of such requirements. ``SEC. 109. NOTIFICATION REQUIREMENT FOR APPROVAL OF ELECTRONIC TRANSMITTAL METHOD. ``The Presidential designee may not approve use of any method of electronic transmittal for purposes of this Act, unless, not later than 90 days before the effective date of the approval, the Presidential designee submits to the Congress a detailed report describing the method.''. (b) Definition Amendment.--Section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended-- (1) by striking out ``and'' at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(9) the term `electronic transmittal' means, with respect to balloting materials, transmittal by facsimile machine or other electronic method approved by the Presidential designee.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections taking place after December 31, 1996. SEC. 6. REPORT PROVISION. Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(6)) is amended-- (1) by striking out ``participation and'' and inserting in lieu thereof ``participation,''; and (2) by inserting before the period at the end the following: ``, and a separate analysis of electronic transmittal of balloting materials''. Passed the House of Representatives May 14, 1996. Attest: ROBIN H. CARLE, Clerk.

Summary: Overseas Citizens Voting Rights Act of 1996 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require each State to allow absentee ballots to be received at least until the closing of polls on election day. (Sec. 3) Extends the Federal write-in ballot provisions to include special, primary, and run-off elections. (Sec. 4) Recommends that the States consider, with respect to absent uniformed services voters and overseas voters, means to provide for the expeditious return of absentee ballots, including return by electronic transmittal. (Sec. 5) Requires each State to establish a system for electronic transmittal of balloting materials for overseas voters. Sets forth provisions concerning system requirements, including funding and notification requirements.