SECTION 1. SHORT TITLE. This Act may be cited as the ``Spending Control Act of 2004''. SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Discretionary Spending Limits.--(1) Section 251(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2005'', by redesignating the remaining portion of such paragraph as subparagraph (B) and by moving it two ems to the right, and by inserting after the dash the following new subparagraph: ``(A) for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; and''. (2) Section 251(c)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2006'', by redesignating the remaining portion of such paragraph as subparagraph (B) and by moving it two ems to the right, and by inserting after the dash the following new subparagraph: ``(A) for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; and''. (3) Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by redesignating paragraphs (4) through (9) as paragraphs (7) through (12) and inserting after paragraph (3) the following new paragraphs: ``(4) with respect to fiscal year 2007 for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; ``(5) with respect to fiscal year 2008 for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; and ``(6) with respect to fiscal year 2009 for the general purpose discretionary category: $____ in new budget authority and $____ in outlays;''. (b) Advance Appropriations.--Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection: ``(d) Advance Appropriations.--In any of fiscal years 2005 through 2009, discretionary advance appropriations provided in appropriation Acts in excess of $____ shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted.''. SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT. (a) Purpose.--Section 252(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(a) Purpose.--The purpose of this section is to assure that any legislation that is enacted before October 1, 2009, that causes a net increase in direct spending will trigger an offsetting sequestration.''. (b) Timing.--Section 252(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``any net deficit increase'' and all that follows through ``2002,'' and by inserting ``any net increase in direct spending enacted before October 1, 2009,''. (c) Calculation of Direct Spending Increase.--Section 252(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by striking ``deficit'' the first place it appears and inserting ``direct spending''; (2) in subparagraph (A) by striking ``and receipts''; (3) in subparagraph (C) by striking ``and receipts''; and (4) by amending the heading to read as follows: ``Calculation of direct spending increase.--''. (d) Conforming Amendments.--(1) The heading of section 252(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``Eliminating a Direct Spending Increase.-- ''. (2) Paragraphs (1), (2), and (4) of section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``or receipts'' each place it appears. (3) Section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``or receipts'' and by striking ``, outlays, and receipts'' and inserting ``and outlays''. (4) Section 254(c)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (A) in subparagraph (A) by striking ``net deficit increase or decrease'' and by inserting ``net increase or decrease in direct spending''; (B) in subparagraph (B) by striking ``amount of deficit increase or decrease'' and by inserting ``increase or decrease in direct spending''; and (C) in subparagraph (C) by striking ``a deficit increase'' and by inserting ``an increase in direct spending''. SEC. 4. DEFINITIONS. (a) In General.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraphs: ``(20) The term `advance appropriation' means appropriations that first become available one fiscal year or more beyond the fiscal year for which an appropriation Act making such funds available is enacted. ``(21)(A) Except as provided by subparagraph (B), the term `emergency requirement' means any provision that provides new budget authority and resulting outlays for a situation that poses a threat to life, property, or national security and is-- ``(i) sudden, quickly coming into being, and not building up over time; ``(ii) an urgent, pressing, and compelling need requiring immediate action; ``(iii) subject to subparagraph (B), unforeseen, unpredictable, and unanticipated; and ``(iv) not permanent, temporary in nature. ``(B) An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen.''. (b) Contingency Operations Related to Global War on Terrorism.-- Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: ``(I) Contingency operations related to global war on terrorism.--If supplemental appropriations for discretionary accounts are enacted for contingency operations related to the global war on terrorism that, pursuant to this subparagraph, the President designates as a contingency operation related to the global war on terrorism and the Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts so designated and the outlays flowing in all fiscal years from such appropriations.''. (c) Conforming Amendment.--The second sentence of section 250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``The general purpose discretionary category shall consist of accounts designated in the joint explanatory statement of managers accompanying the conference report on the Spending Control Act of 2004.''. SEC. 5. PROJECTIONS UNDER SECTION 257. Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after paragraph (6) the following new paragraph: ``(7) Emergencies.--New budgetary resources designated under section 251(b)(2)(A) or 251(b)(2)(I) shall not be assumed beyond the fiscal year for which they have been enacted.''. SEC. 6. EXCEPTION FOR OUTLAY COMPONENTS OF EXPIRING RECEIPTS LEGISLATION. Section 252(d)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``and'' at the end of subparagraph (A), by striking the period and inserting ``; and'' at the end of subparagraph (B), and by adding at the end the following new subparagraph: ``(C) extending provisions in the Economic Growth and Tax Relief Reconciliation Act of 2001 or provisions in sections 101 through 104, section 202, or sections 301 and 302 of the Jobs and Growth Tax Relief Reconciliation Act of 2003.''. SEC. 7. REPORTS. Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``2002'' and inserting ``2009''. SEC. 8. EXPIRATION. Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2009'' and by striking ``2006'' and inserting ``2013''. SEC. 9. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) In section 250(a), strike ``SEC. 256. GENERAL AND SPECIAL SEQUESTRATION RULES'' and insert ``Sec. 256. General and special sequestration rules'' in the item relating to section 256. (2) In subparagraphs (F), (G), (H), (I), (J), and (K) of section 250(c)(4), insert ``subparagraph'' after ``described in'' each place it appears. (3) In section 250(c)(18), insert ``of'' after ``expenses''. (4) In section 251(b)(1)(A), strike ``committees'' the first place it appears and insert ``Committees''. (5) In section 251(b)(1)(C)(i), strike ``fiscal years'' and insert ``fiscal year''. (6) In section 251(b)(1)(D)(ii), strike ``fiscal years'' and insert ``fiscal year''. (7) In section 252(b)(2)(B), insert ``the'' before ``budget year''. (8) In section 252(c)(1)(C)(i), strike ``paragraph (1)'' and insert ``subsection (b)''. (9) In section 254(c)(3)(A), strike ``subsection'' and insert ``section''. (10) In section 254(f)(4), strike ``subsection'' and insert ``section'' and strike ``sequesterable'' and insert ``sequestrable''. (11) In section 255(g)(1)(B), move the fourteenth undesignated clause 2 ems to the right. (12) In section 255(g)(2), insert ``and'' after the semicolon at the end of the next-to-last undesignated clause. (13) In section 255(h)-- (A) strike ``and'' after the semicolon in the ninth undesignated clause; (B) insert ``and'' after the semicolon at the end of the tenth undesignated clause; and (C) strike the semicolon at the end and insert a period. (14) In section 256(k)(1), strike ``paragraph (5)'' and insert ``paragraph (6)''. (15) In section 257(b)(2)(A)(i), strike ``differenes'' and insert ``differences''.

Summary: Spending Control Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish for FY 2005 through 2009 unspecified discretionary spending limits (spending caps) for the general purpose discretionary category in new budget authority and outlays. Provides that, in any of such fiscal years, discretionary advance appropriations provided in appropriation Acts in excess of an unspecified amount shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted. Extends PAY-AS-YOU-GO requirements through FY 2009 to provide for an offsetting sequestration for direct spending (currently, direct spending and receipts) legislation that is enacted before October 1, 2009, that causes a net increase in direct spending (currently, net deficit increase). Modifies the formula used to calculate the amount of direct spending (currently, deficit) increase to exclude receipts. Provides that, if supplemental appropriations for discretionary accounts are enacted for contingency operations related to the global war on terrorism that the President designates and Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts so designated and the outlays flowing in all fiscal years from them. States that the general purpose discretionary category shall consist of accounts designated in the joint explanatory statement of managers accompanying the conference report on this Act. Makes revisions to the baseline calculation for discretionary appropriations to prohibit the assumption beyond the fiscal year for which they have been enacted of any new budget resources designated by the President and by Congress in statute for emergency appropriations or for supplemental appropriations for contingency operations related to global war on terrorism. Requires the Office of Management and Budget (OMB) cost estimates on direct spending or receipts legislation to exclude any amount resulting from extending provisions in the Economic Growth and Tax Relief Reconciliation Act of 2001 or in the Growth Tax Relief Reconciliation Act of 2003 relating to certain individual tax rate reductions, tax benefits to children, and marriage penalty relief. Requires the estimates set forth in the discretionary sequestration preview reports and such final reports issued by OMB and the Congressional Budget Office to include the current year and each subsequent year through FY 2009. Extends: (1) certain budget enforcement requirements through FY 2009; and (2) PAY-AS-YOU-GO requirements through FY 2013.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Student Loans Affordable Act of 2013''. SEC. 2. INTEREST RATE EXTENSION. Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is amended-- (1) in the matter preceding clause (i), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2014,''; and (2) in clause (v), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2014,''. SEC. 3. MODIFICATIONS OF REQUIRED DISTRIBUTION RULES FOR PENSION PLANS. (a) In General.--Section 401(a)(9)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Required distributions where employee dies before entire interest is distributed.-- ``(i) 5-year general rule.--A trust shall not constitute a qualified trust under this section unless the plan provides that, if an employee dies before the distribution of the employee's interest (whether or not such distribution has begun in accordance with subparagraph (A)), the entire interest of the employee will be distributed within 5 years after the death of such employee. ``(ii) Exception for eligible designated beneficiaries.--If-- ``(I) any portion of the employee's interest is payable to (or for the benefit of) an eligible designated beneficiary, ``(II) such portion will be distributed (in accordance with regulations) over the life of such eligible designated beneficiary (or over a period not extending beyond the life expectancy of such beneficiary), and ``(III) such distributions begin not later than 1 year after the date of the employee's death or such later date as the Secretary may by regulations prescribe, then, for purposes of clause (i) and except as provided in clause (iv) or subparagraph (E)(iii), the portion referred to in subclause (I) shall be treated as distributed on the date on which such distributions begin. ``(iii) Special rule for surviving spouse of employee.--If the eligible designated beneficiary referred to in clause (ii)(I) is the surviving spouse of the employee-- ``(I) the date on which the distributions are required to begin under clause (ii)(III) shall not be earlier than the date on which the employee would have attained age 70\1/ 2\, and ``(II) if the surviving spouse dies before the distributions to such spouse begin, this subparagraph shall be applied as if the surviving spouse were the employee. ``(iv) Rules upon death of eligible designated beneficiary.--If an eligible designated beneficiary dies before the portion of an employee's interest described in clause (ii) is entirely distributed, clause (ii) shall not apply to any beneficiary of such eligible designated beneficiary and the remainder of such portion shall be distributed within 5 years after the death of such beneficiary.''. (b) Definition of Eligible Designated Beneficiary.--Section 401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as follows: ``(E) Definitions and rules relating to designated beneficiary.--For purposes of this paragraph-- ``(i) Designated beneficiary.--The term `designated beneficiary' means any individual designated as a beneficiary by the employee. ``(ii) Eligible designated beneficiary.-- The term `eligible designated beneficiary' means, with respect to any employee, any designated beneficiary who, as of the date of death of the employee, is-- ``(I) the surviving spouse of the employee, ``(II) subject to clause (iii), a child of the employee who has not reached majority (within the meaning of subparagraph (F)), ``(III) disabled (within the meaning of section 72(m)(7)), ``(IV) a chronically ill individual (within the meaning of section 7702B(c)(2), except that the requirements of subparagraph (A)(i) thereof shall only be treated as met if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one that is reasonably expected to be lengthy in nature), or ``(V) an individual not described in any of the preceding subparagraphs who is not more than 10 years younger than the employee. ``(iii) Special rule for children.--Subject to subparagraph (F), an individual described in clause (ii)(II) shall cease to be an eligible designated beneficiary as of the date the individual reaches majority and the requirement of subparagraph (B)(i) shall not be treated as met with respect to any remaining portion of an employee's interest payable to the individual unless such portion is distributed within 5 years after such date.''. (c) Required Beginning Date.--Section 401(a)(9)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(v) Employees becoming 5-percent owners after age 70\1/2\.--If an employee becomes a 5- percent owner (as defined in section 416) with respect to a plan year ending in a calendar year after the calendar year in which the employee attains age 70\1/2\, then clause (i)(II) shall be applied by substituting the calendar year in which the employee became such an owner for the calendar year in which the employee retires.''. (d) Effective Dates.-- (1) In general.--Except as provided in this subsection, the amendments made by this section shall apply to distributions with respect to employees who die after December 31, 2013. (2) Required beginning date.-- (A) In general.--The amendment made by subsection (c) shall apply to employees becoming a 5-percent owner with respect to plan years ending in calendar years beginning before, on, or after the date of the enactment of this Act. (B) Special rule.--If-- (i) an employee became a 5-percent owner with respect to a plan year ending in a calendar year which began before January 1, 2013, and (ii) the employee has not retired before calendar year 2014, such employee shall be treated as having become a 5- percent owner with respect to a plan year ending in 2013 for purposes of applying section 401(a)(9)(C)(v) of the Internal Revenue Code of 1986 (as added by the amendment made by subsection (c)). (3) Exception for certain beneficiaries.--If a designated beneficiary of an employee who dies before January 1, 2014, dies after December 31, 2013-- (A) the amendments made by this section shall apply to any beneficiary of such designated beneficiary, and (B) the designated beneficiary shall be treated as an eligible designated beneficiary for purposes of applying section 401(a)(9)(B)(iv) of such Code (as in effect after the amendments made by this section). (4) Exception for certain existing annuity contracts.-- (A) In general.--The amendments made by this section shall not apply to a qualified annuity which is a binding annuity contract in effect on the date of the enactment of this Act and at all times thereafter. (B) Qualified annuity contract.--For purposes of this paragraph, the term ``qualified annuity'' means, with respect to an employee, an annuity-- (i) which is a commercial annuity (as defined in section 3405(e)(6) of such Code) or payable by a defined benefit plan, (ii) under which the annuity payments are substantially equal periodic payments (not less frequently than annually) over the lives of such employee and a designated beneficiary (or over a period not extending beyond the life expectancy of such employee or the life expectancy of such employee and a designated beneficiary) in accordance with the regulations described in section 401(a)(9)(A)(ii) of such Code (as in effect before such amendments) and which meets the other requirements of this section 401(a)(9) of such Code (as so in effect) with respect to such payments, and (iii) with respect to which-- (I) annuity payments to the employee have begun before January 1, 2014, and the employee has made an irrevocable election before such date as to the method and amount of the annuity payments to the employee or any designated beneficiaries, or (II) if subclause (I) does not apply, the employee has made an irrevocable election before the date of the enactment of this Act as to the method and amount of the annuity payments to the employee or any designated beneficiaries.

Summary: Keep Student Loans Affordable Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013, to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2014. Amends the Internal Revenue Code to modify rules for required distributions from tax-exempt pension plans to an employee who dies before such employee's entire interest is distributed to require such interest to be distributed within five years after the death of such employee, subject to exceptions for an eligible designated beneficiary and surviving spouse of such employee. Defines "eligible designated beneficiary" to include a disabled or chronically-ill individual. Exempts from such modification a binding annuity contract in effect on the enactment date of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Telecommuting and Air Quality Act''. SEC. 2. GRANT PROGRAM FOR DESIGN OF PILOT PROGRAM REGARDING TELECOMMUTING AS MEANS OF IMPROVING AIR QUALITY. (a) In General.-- (1) Grant for design of pilot program.--The Secretary of Transportation (in this section referred to as the ``Secretary'') shall make a grant to a nonprofit private entity that is knowledgeable on matters relating to air quality for the purpose of developing a design for the proposed pilot program described in subsection (b). The grant shall be made to the National Environmental Policy Institute (a nonprofit private entity incorporated under the laws of and located in the District of Columbia), if such Institute submits an application for the grant. (2) Administration of program.--The Secretary shall carry out this section (including subsection (c)(1)(C)) in collaboration with the Administrator of the Environmental Protection Agency and the Secretary of Energy. (b) Proposed Ozone Precursor Credit-Trading Pilot Program.-- (1) Definitions.--For purposes of this section: (A) The term ``participating employers'' means employers that voluntarily authorize and engage in telecommuting. (B) The term ``telecommuting'' means the use of telecommunications to perform work functions under circumstances in which the use of telecommunications reduces or eliminates the need to commute. (C) The term ``regulated entities'' means entities that are regulated under the Clean Air Act with respect to emissions of one or more ozone precursors. (D) The term ``ozone precursors'' means air pollutants that are precursors of ground level ozone. (E) The term ``VMTs'' means vehicle-miles-traveled. (2) Description of program.--For purposes of subsection (a)(1) and other provisions of this section, the proposed pilot program described in this subsection is a pilot program under which the following would occur: (A) Methods would be evaluated and developed for calculating reductions in emissions of ozone precursors that can be achieved as a result of reduced VMTs by telecommuting employees of participating employers. (B) The estimated reductions in such emissions for the periods of time involved would be deemed to be items that may be transferred by such employers to other persons, and for such purpose the employers would be issued certificates indicating the amount of the reductions achieved for the periods (referred to in this section as ``emission credits'') . (C) A commercial trading and exchange forum would be made available to the public for trading and exchanging emission credits. (D) Through the commercial trading and exchange forum, or through direct trades and exchanges with persons who hold the credits, regulated entities would obtain emission credits. (E) Regulated entities would present emission credits to the Federal Government or to the State involved (as applicable under the Clean Air Act) and the amounts of reductions in emissions of ozone precursors represented by the credits would for purposes of the Clean Air Act be deemed to assist in achieving compliance. (F) The Federal Government would explore means to facilitate the transfer of emission credits between participating employers and regulated and other entities. (c) Sites for Operation of Pilot Program.-- (1) In general.--The Secretary shall ensure that the design developed under subsection (a) includes recommendations for carrying out the proposed pilot program described in subsection (b) in each of the following geographic areas: (A) The greater metropolitan region of the District of Columbia (including areas in the States of Maryland and Virginia). (B) The greater metropolitan region of Los Angeles, in the State of California. (C) Three additional areas to be selected by the Secretary, after consultation with the grantee under subsection (a). (2) Consultation.--The Secretary shall require that, in carrying out paragraph (1) with respect to a geographic area, the grantee under subsection (a) consult with local governments and business organizations in the geographic area. (d) Study and Report.--The Secretary shall require that, in developing the design under subsection (a), the grantee under such subsection study and report to the Congress and to the Secretary the potential significance of the proposed pilot program described in subsection (b) as an incentive for expanding telecommuting and reducing VMTs in the geographic areas for which the design is developed, and the extent to which the program would have positive effects on-- (1) national, State, and local transportation and infrastructure policies; (2) energy conservation and consumption; (3) national, State, and local air quality; and (4) individual, family, and community quality of life. (e) Authorization of Appropriations.--For the purpose of making the grant under subsection (a), there is authorized to be appropriated $250,000 for fiscal year 2000. Amounts appropriated under the preceding sentence are available until expended.

Summary: National Telecommuting and Air Quality Act - Directs the Secretary of Transportation to make a grant to a nonprofit private entity (specifically, the National Environmental Policy Institute, if it applies) for the purpose of developing a design for a proposed ozone precursor credit-trading pilot program in which: (1) methods would be evaluated and developed for calculating reductions in emissions of ozone precursors (air pollutants) that can be achieved as a result of reduced vehicle-miles-traveled (VMTs) by telecommuting employees; (2) regulated entities would present emission credits to the Federal Government or to the State (as applicable under the Clean Air Act) and the amounts of reductions in emissions of air pollutants represented by such credits would be for purposes of compliance with the Clean Air Act; and (3) the Federal Government would explore means to facilitate the transfer of emission credits between participating employers and regulated and other entities. Sets forth recommended sites for the operation of such pilot program, including: (1) the greater metropolitan region of the District of Columbia (including areas in Maryland and Virginia); (2) the greater metropolitan region of Los Angeles, California; and (3) three additional areas to be selected by the Secretary. Directs the Secretary to require the grantee to study and report to Congress and to the Secretary on the potential significance of the proposed pilot program as an incentive for expanding telecommuting and reducing VMTs in the geographic areas, and the extent to which it would have positive effects on national, State, and local air quality and energy conservation and consumption. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Preparedness Act of 2016''. SEC. 2. INFORMATION SHARING. Title II of the Homeland Security Act of 2002 is amended-- (1) in section 210A (6 U.S.C. 124h)-- (A) in subsection (b)-- (i) in paragraph (10), by inserting before the semicolon at the end the following: ``, including, in coordination with the national cybersecurity and communications integration center under section 227, accessing timely technical assistance, risk management support, and incident response capabilities with respect to cyber threat indicators, defensive measures, cybersecurity risks, and incidents (as such terms are defined in such section), which may include attribution, mitigation, and remediation, and the provision of information and recommendations on security and resilience, including implications of cybersecurity risks to equipment and technology related to the electoral process''; (ii) in paragraph (11), by striking ``and'' after the semicolon; (iii) by redesignating paragraph (12) as paragraph (14); and (iv) by inserting after paragraph (11) the following new paragraphs: ``(12) review information relating to cybersecurity risks that is gathered by State, local, and regional fusion centers, and incorporate such information, as appropriate, into the Department's own information relating to cybersecurity risks; ``(13) ensure the dissemination to State, local, and regional fusion centers of information relating to cybersecurity risks; and''; (B) in subsection (c)(2)-- (i) by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively; and (ii) by inserting after subparagraph (B) the following new subparagraph: ``(C) The national cybersecurity and communications integration center under section 227.''; (C) in subsection (d)-- (i) in paragraph (3), by striking ``and'' after the semicolon; (ii) by redesignating paragraph (4) as paragraph (5); and (iii) by inserting after paragraph (3) the following new paragraph: ``(4) assist, in coordination with the national cybersecurity and communications integration center under section 227, fusion centers in using information relating to cybersecurity risks to develop a comprehensive and accurate threat picture; and''; and (D) in subsection (j)-- (i) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and (ii) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) the term `cybersecurity risk' has the meaning given that term in section 227;''; and (2) in section 227 (6 U.S.C. 148)-- (A) in subsection (c)-- (i) in paragraph (5)(B), by inserting ``, including State and major urban area fusion centers, as appropriate'' before the semicolon at the end; (ii) in paragraph (7), in the matter preceding subparagraph (A), by striking ``information and recommendations'' each place it appears and inserting ``information, recommendations, and best practices''; and (iii) in paragraph (9), by inserting ``and best practices'' after ``defensive measures''; and (B) in subsection (d)(1)(B)(ii), by inserting ``and State and major urban area fusion centers, as appropriate'' before the semicolon at the end. SEC. 3. HOMELAND SECURITY GRANTS. Subsection (a) of section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended-- (1) by redesignating paragraphs (4) through (14) as paragraphs (5) through (15), respectively; and (2) by inserting after paragraph (3) the following new paragraph: ``(4) enhancing cybersecurity, including preparing for and responding to cybersecurity risks and incidents and developing State-wide cyber threat information analysis and dissemination activities;''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that to facilitate the timely dissemination to appropriate State, local, and private sector stakeholders of homeland security information related to cyber threats, the Secretary of Homeland Security should, to the greatest extent practicable, work to share actionable information related to cyber threats in an unclassified form. Passed the House of Representatives September 26, 2016. Attest: KAREN L. HAAS, Clerk.

Summary: (This measure has not been amended since it was reported to the House on September 19, 2016. Cyber Preparedness Act of 2016 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security's (DHS's) State, Local, and Regional Fusion Center Initiative to coordinate with the national cybersecurity and communications integration center (NCCIC) to provide state, local, and regional fusion centers with expertise on DHS cybersecurity resources. (A fusion center serves as a focal point within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial, and private sector partners.) DHS must: (1) provide timely access to technical assistance, risk management support, and incident response capabilities for cybersecurity threat indicators, defensive measures, risks, and incidents, including cybersecurity risks to equipment and technology related to the electoral process; (2) review cybersecurity risk information gathered by fusion centers to incorporate into DHS's cybersecurity risk information; and (3) disseminate cybersecurity risk information to fusion centers. Fusion center officers or intelligence analysts may be assigned from the NCCIC. Such officers and analysts must assist fusion centers in using cybersecurity risk information to develop a comprehensive and accurate threat picture. The NCCIC may include, and must share analysis and best practices with, state and major urban area fusion centers. (Sec. 3) States, local or tribal governments, or high-risk urban areas receiving grants to protect against terrorism under the Urban Area Security Initiative or the State Homeland Security Grant Program may use the funds to: (1) prepare for and respond to cybersecurity risks and incidents, and (2) develop statewide cyber threat information analysis and dissemination activities. (Sec. 4) The bill expresses the sense of Congress that DHS should share actionable information related to cyber threats in an unclassified form to facilitate timely dissemination to state, local, and private sector stakeholders.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Liquefied Natural Gas Act of 2005''. SEC. 2. TERMS AND CONDITIONS FOR LIQUEFIED NATURAL GAS IMPORT TERMINALS. (a) Exportation or Importation of Natural Gas.--Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended to read as follows: ``exportation or importation of natural gas ``Sec. 3. (a) Authorization Order.--No person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. The Secretary shall issue such order upon application, unless, after opportunity for hearing, the Secretary finds that the proposed exportation or importation will not be consistent with the public interest. The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order as the Secretary may find necessary or appropriate. ``(b) Free Trade Agreements and Liquefied Natural Gas.--With respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas-- ``(1) the importation of such natural gas shall be treated as a `first sale' within the meaning of section 2(21) of the Natural Gas Policy Act of 1978; and ``(2) the Secretary of Energy shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis. ``(c) Application and Approval Process.--For purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. ``(d) Authorization for Liquefied Natural Gas Import Terminals.-- (1) No person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured an order of the Federal Energy Regulatory Commission authorizing such person to do so. The Federal Energy Regulatory Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed siting, construction, expansion, or operation will not be consistent with the public interest. The Federal Energy Regulatory Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Federal Energy Regulatory Commission may find necessary or appropriate. ``(2) An order issued pursuant to paragraph (1) shall not be conditioned on-- ``(A) a requirement that the liquefied natural gas import terminal offer service to persons other than the person securing the order; ``(B) any regulation of the liquefied natural gas import terminal's rates, charges, terms, or conditions of service; or ``(C) a requirement to file with the Federal Energy Regulatory Commission schedules or contracts related to the liquefied natural gas import terminal's rates, charges, terms, or conditions of service. ``(3) Except as otherwise provided by Federal law, no State or local government may require a permit, license, concurrence, approval, certificate, or other form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. ``(4) Any decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal must be consistent with any authorization provided by the Federal Energy Regulatory Commission pursuant to this subsection with respect to the liquefied natural gas import terminal, and shall not prohibit or unreasonably delay the siting, construction, expansion, or operation. ``(5) Nothing in this subsection shall be construed to repeal or modify the authority under this section to authorize a person to import or export natural gas or to authorize facilities for the import or export of natural gas other than liquefied natural gas import terminals. ``(e) Schedule and Administrative Record.--(1) The Federal Energy Regulatory Commission shall approve or deny any application to site, construct, expand, or operate a liquefied natural gas import terminal under subsection (d) not later than 1 year after the application is complete. ``(2) With respect to each application under subsection (d), the Federal Energy Regulatory Commission shall establish a schedule for all Federal and State administrative proceedings commenced under authority of Federal law, the completion of which is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal, in order to ensure expeditious progress toward such siting, construction, expansion, or operation. The schedule shall also include all Federal and State administrative proceedings authorized by Federal law for the siting, construction, expansion, and operation of natural gas pipelines and facilities related to the transportation of liquefied natural gas or natural gas from the liquefied natural gas import terminal. In establishing the schedule, the Federal Energy Regulatory Commission shall, to the extent practicable, accommodate the applicable schedules established by Federal law for such proceedings. If a Federal or State administrative agency or officer fails to complete a proceeding in accordance with the schedule established by the Federal Energy Regulatory Commission, the action of the Federal or State administrative agency or officer that is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal shall be conclusively presumed and the siting, construction, expansion, or operation shall proceed without condition. ``(3) With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall compile a single administrative record which shall consolidate the records of the proceedings referred to in paragraph (2). ``(4) Any Federal administrative proceeding that is an appeal or review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal shall use as its exclusive record for all purposes the administrative record compiled by the Federal Energy Regulatory Commission under paragraph (3). ``(f) Judicial Review.--(1) Except for review by the Supreme Court of the United States on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to hear and determine any civil action for review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. The civil action shall be filed not later than 60 days after the decision or action described in this paragraph. ``(2) If a civil action referred to in paragraph (1) is filed, the Federal Energy Regulatory Commission shall file in the United States Court of Appeals for the District of Columbia Circuit the single administrative record compiled under subsection (e)(3) with respect to the liquefied natural gas import terminal named in the civil action. ``(g) Lead Agency.--With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall be the lead Federal agency for purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''. (b) Definition.--Section 2 of the Natural Gas Act (15 U.S.C. 717a) is amended by adding at the end the following new paragraph: ``(11) `Liquefied natural gas import terminal' includes all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas that is imported to the United States from a foreign country, but does not include the tankers used to deliver liquefied natural gas to such facilities.''.

Summary: Liquefied Natural Gas Act of 2005 - Amends the Natural Gas Act to transfer from the Federal Energy Regulatory Commission (FERC) to the Secretary of Energy oversight functions regarding the exportation or importation of natural gas, including free trade agreements and liquefied natural gas. Declares that no person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured a FERC authorization. Prohibits any State or local government from requiring any form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal except as otherwise provided by Federal law. Prescribes guidelines for FERC oversight authority pertaining to scheduling and administrative proceedings. Defines liquefied natural gas import terminal as including all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas imported to the United States from a foreign country, but does excluding the tankers used to deliver liquefied natural gas to such facilities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Administration Authorization Act for Fiscal Years 2000 and 2001''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2000 AND 2001. Funds are hereby authorized to be appropriated, as Appropriations Acts may provide, for the use of the Department of Transportation for the Maritime Administration as follows: (1) For expenses necessary for operations and training activities, not to exceed $72,164,000 for the fiscal year ending September 30, 2000. (2) For the costs, as defined in section 502 of the Federal Credit Reform Act of 1990, of guaranteed loans authorized by title XI of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1271 et seq.), $6,000,000, to be available until expended. In addition, for administrative expenses related to loan guarantee commitments under title XI of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1271 et seq.), $3,893,000. (3) For the fiscal year ending September 30, 2001, such sums as may be necessary. SEC. 3. AMENDMENTS TO TITLE XI OF THE MERCHANT MARINE ACT, 1936. (a) Section 1108(a) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1279a(a)) is amended by striking the language preceding the proviso and inserting in its place the following: ``(a) Creation.--If the proceeds of an obligation guaranteed under this title are to be used to finance the construction, reconstruction, or reconditioning of a vessel or vessels which will serve as security for the guarantee of the Secretary, the Secretary is authorized to accept and hold, in escrow under an escrow agreement with the obligor, proceeds of that obligation (together with such interest as may be earned thereon and, if required by the Secretary, an amount equal to 6 month's interest on the obligation). The Secretary may not release funds from the escrow until the Secretary first determines that the obligor has paid its portion of the actual cost of constructing, reconstructing, or reconditioning the vessel or vessels and, second, determines that the funds to be released are needed to pay, or make reimbursements in connection with payments previously made to the shipyard or other contractors for work performed, or to pay for other approved costs, with respect to the vessel or vessels.''. (b) Title XI of the Merchant Marine Act, 1936, is amended by inserting immediately after section 1108, the following new section: ``SEC. 1109. RESERVE FUNDS AND COLLATERAL ACCOUNTS. ``(a) Creation of Funds and Accounts.--There is hereby established in the Treasury a deposit fund into which the Secretary is authorized to deposit cash belonging to an obligor so long as the Secretary has a security interest in such cash. The account shall be governed by the terms of an agreement, as described hereunder, to be entered into by the Secretary and an obligor. ``(b) Terms of Agreement.--The Secretary and an obligor shall enter into a reserve fund or other collateral account agreement to govern the making of deposits and withdrawals and the retention, use, and reinvestment of the cash deposited under subsection (a) above. The agreement shall contain such terms and conditions as are further required hereunder and as are considered by the Secretary to be necessary to protect fully the interests of the United States. ``(c) Investment.--The Secretary is authorized to invest and reinvest any part of the cash of a reserve fund or collateral account in obligations of the United States with such maturities that these funds and accounts will be available as required for purposes of the agreement. Cash balances of the deposit fund in excess of current requirements shall be maintained in a form of uninvested funds and the Secretary of the Treasury shall pay interest on these funds. ``(d) Income.--The cash deposited in a reserve fund or collateral account may not be withdrawn without the consent of the Secretary. The Secretary may retain and offset any or all of the cash on deposit in a reserve fund or collateral account, and any income realized thereon, as part of the Secretary's recovery against an obligor that has defaulted on an obligation. In the absence of a default on an obligation, the Secretary may pay any income realized on a reserve fund or collateral account in accordance with the terms of the agreement.''. SEC. 4. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936. (a) Title IX of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 101 et seq.) is amended by adding immediately after section 902 the following new section: ``SEC. 903. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS. ``The restrictions of section 901(b)(1) of this Act concerning the building, rebuilding, or documentation of a vessel in a foreign country shall not apply to dry bulk vessels and breakbulk vessels over 5,000 deadweight tons and constructed, reconstructed, or acquired in a foreign shipyard within one year of the date of enactment of this section and prior to enactment of the OECD Shipbuilding Trade Agreement Act, whichever occurs earlier, and have transferred to United States flag registry under section 12105 of title 46, United States Code, except that (1) such vessels have nonemergency shipyard repairs, and other shipyard work necessary to conform the vessel to United States flag standards, performed in a shipyard of the United States, (2) such vessels comply with the standards set forth in section 1137 of the Coast Guard Authorization Act of 1996 (46 App. U.S.C. 1187 note), (3) such vessels shall not be granted approval under section 9(e) of the Shipping Act, 1916, as amended on October 19, 1996, and (4) the provisions of section 607 of this Act shall not apply to vessels constructed, reconstructed, modified, or acquired pursuant to this section.''. (b) Section 901b(c)(2) of the Merchant Marine Act, 1936, as amended (46 U.S.C. App. 1241f(c)(2)) is amended by striking ``1986.'' and inserting ``1986, the 18-month period commencing April 1, 1999, and the 12-month period beginning on the first day of October in the year 2000 and each year thereafter.''. SEC. 5. EXTENSION OF WAR RISK INSURANCE AUTHORITY. Section 1214 of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1294) is amended by striking ``June 30, 2000'' and inserting ``June 30, 2005''. SEC. 6. TRANSPORTATION REPORT ON MARITIME ACTIVITIES. Section 208 of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1118) is amended by-- (1) striking ``and the Secretary of Transportation shall''; and (2) inserting ``and the Secretary of Transportation, by April 1 of each odd-numbered year, shall'' before ``make''. SEC. 7. OWNERSHIP OF THE JEREMIAH O'BRIEN. Section 3302 of title 46, United States Code, is amended by striking ``owned by the United States Maritime Administration'' and inserting in lieu thereof ``owned by the National Liberty Ship Memorial, Inc.''.

Summary: (Sec. 3) Amends the Merchant Marine Act, 1936 to revise loan guarantee escrow fund provisions. Establishes a Treasury fund to hold related collateral, and provides for Secretary-obligor reserve funds. (Sec. 4) Exempts certain foreign-origin dry bulk and breakbulk cargo vessels that have transferred to United States flag registry from the three-year restriction on carrying U.S.- procured, furnished, or financially supported cargo (including agricultural cargo) (Sec. 5) Extends war risk insurance authority. (Sec. 6) Reduces specified United States Maritime Administration reporting requirements. (Sec. 7) Amends Federal law to state that ownership the vessel "Jeremiah O'Brien" shall belong to the National Liberty Ship Memorial, Inc., rather than the United States Maritime Administration.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hide No Harm Act of 2015''. SEC. 2. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. Failure to inform and warn. ``2083. Relationship to existing law. ``Sec. 2081. Definitions ``In this chapter-- ``(1) the term `appropriate Federal agency' means an agency with jurisdiction over a covered product, covered service, or business practice; ``(2) the term `business entity' means a corporation, company, association, firm, partnership, sole proprietor, or other business entity; ``(3) the term `business practice' means a method or practice of-- ``(A) manufacturing, assembling, designing, researching, importing, or distributing a covered product; ``(B) conducting, providing, or preparing to provide a covered service; or ``(C) otherwise carrying out business operations relating to covered products or covered services; ``(4) the term `covered product' means a product manufactured, assembled, designed, researched, imported, or distributed by a business entity that enters interstate commerce; ``(5) the term `covered service' means a service conducted or provided by a business entity that enters interstate commerce; ``(6) the term `responsible corporate officer' means a person who-- ``(A) is an employer, director, or officer of a business entity; ``(B) has the responsibility and authority, by reason of his or her position in the business entity and in accordance with the rules or practice of the business entity, to acquire knowledge of any serious danger associated with a covered product (or component of a covered product), covered service, or business practice of the business entity; and ``(C) has the responsibility, by reason of his or her position in the business entity, to communicate information about the serious danger to-- ``(i) an appropriate Federal agency; ``(ii) employees of the business entity; or ``(iii) individuals, other than employees of the business entity, who may be exposed to the serious danger; ``(7) the term `serious bodily injury' means an impairment of the physical condition of an individual, including as a result of trauma, repetitive motion, or disease, that-- ``(A) creates a substantial risk of death; or ``(B) causes-- ``(i) serious permanent disfigurement; ``(ii) unconsciousness; ``(iii) extreme pain; or ``(iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; ``(8) the term `serious danger' means a danger, not readily apparent to a reasonable person, that the normal or reasonably foreseeable use of, or the exposure of an individual to, a covered product, covered service, or business practice has an imminent risk of causing death or serious bodily injury to an individual; and ``(9) the term `warn affected employees' means take reasonable steps to give, to each individual who is exposed or may be exposed to a serious danger in the course of work for a business entity, a description of the serious danger that is sufficient to make the individual aware of the serious danger. ``Sec. 2082. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(b) Penalty.-- ``(1) In general.--Whoever knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(c) Civil Action To Protect Against Retaliation.-- ``(1) Prohibition.--It shall be unlawful to knowingly discriminate against any person in the terms or conditions of employment, in retention in employment, or in hiring because the person informed a Federal agency, warned employees, or informed other individuals of a serious danger associated with a covered product, covered service, or business practice, as required under this section. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- ``(i) filing a complaint with the Secretary of Labor; or ``(ii) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(iii) Burdens of proof.--An action brought under subparagraph (A)(ii) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49. ``(iv) Statute of limitations.--An action under subparagraph (A) shall be commenced not later than 180 days after the date on which the violation occurs, or after the date on which the employee became aware of the violation. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(3) Remedies.-- ``(A) In general.--An employee prevailing in any action under paragraph (2)(A) shall be entitled to all relief necessary to make the employee whole. ``(B) Compensatory damages.--Relief for any action under subparagraph (A) shall include-- ``(i) reinstatement with the same seniority status that the employee would have had, but for the discrimination; ``(ii) the amount of back pay, with interest; and ``(iii) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. ``(4) Rights retained by employee.--Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(B) Predispute arbitration agreements.--No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this subsection. ``Sec. 2083. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 101 the following: ``101A. Reporting standards................................ 2081''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act.

Summary: Hide No Harm Act of 2015 This bill amends the federal criminal code to make it a crime for a business entity or business executive to knowingly conceal information about its business practices or products that pose an imminent risk of death or serious physical injury to consumers and workplace danger. Specific requirements are set forth for what a business entity or business executive must do after acquiring knowledge of a serious danger associated with its business practices or products. If such an entity or executive fails to warn affected employees and other individuals of a serious danger, they are subject to a fine and/or prison term of five years. The bill makes it unlawful to knowingly discriminate or retaliate against an employee (i.e., a whistleblower) who warns other agencies or individuals of a serious danger associated with a product or service.


SECTION 1. SHORT TITLE. This Act may be cited as the ``International Fund for Israeli- Palestinian Peace Authorization Act of 2017''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Peaceful co-existence in the Middle East between Israelis and Palestinians, and between Muslims, Christians, Jews, and those of all backgrounds is in the interests of the United States, Israel, the Palestinian people, and the world. (2) While the United States and its international allies continue to support diplomatic and political negotiations between the representatives of the parties to the conflict as well as others, in the long run such efforts require broad popular support among people in order to succeed. In order to achieve lasting peace in the region, the people who live there must, over time, sustain any potential high-level agreements. (3) Through many independent individual and nongovernmental activities, tens of thousands of people of different backgrounds are already working together to build better relations between people, through people-to-people coexistence and trust-building measures, activities, and other cooperative efforts. (4) By working cooperatively on shared goals and addressing mutual understanding, participants in such activities, including youth, can come to reject violence and understand the promise of peaceful coexistence. (5) Through support for people-to-people exchanges in the region and joint economic initiatives, millions of ordinary citizens affected by this conflict can assist in building support for lasting peace. (6) Working together, the United States, countries around the world, and the private sector can, and often seek to support opportunities that, help sustain support for peace with the establishment and funding of an independent International Fund for Israeli-Palestinian Peace (referred to in this Act as the ``International Fund''), to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. (7) United States and international support for grassroots people-to-people efforts can help serve as an antidote to false propaganda by terrorist groups and the growing issue of incitement. (8) The International Fund shall serve as a coordinating entity offering expertise and support, adhering to best practices for governance, transparency, assessment and accountability. The International Fund will be an ongoing presence and catalyst for rejecting violence and building broad public support for sustaining peace in the region. The International Fund is not intended to be a political forum, but a grant-making body to facilitate enduring people-to-people relationships and sustained joint economic development. (b) Purposes.--The purposes of this Act are as follows: (1) To urge the President to make every effort, in conjunction with the Government of Israel, the Palestinian Authority, regional governments, and the international community to establish a non-political, mutually acceptable International Fund to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. (2) To provide for United States contributions to consist of amounts made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq. (relating to the Economic Support Fund)) for payment to the International Fund to carry out the activities described in paragraph (1), in addition to overhead costs of the establishment of said fund and the function of its oversight board. SEC. 3. ESTABLISHMENT OF INTERNATIONAL FUND FOR ISRAELI-PALESTINIAN PEACE. Congress urges the President to make every effort, in conjunction with the Government of Israel, the Palestinian Authority, and the international community, to establish an International Fund for Israeli-Palestinian Peace governed by a board of the constituent parties to carry out the purposes described in section 2(b). SEC. 4. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND FOR ISRAELI-PALESTINIAN PEACE. (a) In General.--Of the amounts made available for each of fiscal years 2017 through 2021 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq. (relating to the Economic Support Fund)), $50,000,000 is authorized to be appropriated for United States contributions to the International Fund following the committee of jurisdictions agreement to the structure of the fund and its board. (b) Additional Authorities.--Amounts authorized to be appropriated pursuant to subsection (a)-- (1) are in addition to amounts otherwise authorized to be appropriated for such purposes; and (2) are authorized to remain available until expended. SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO INTERNATIONAL FUND FOR ISRAELI-PALESTINIAN PEACE. (a) Support and Promotion of Purposes.--United States contributions to the International Fund provided for in section 4 may be used only to support and promote the purposes described in section 2(b). (b) Additional Restrictions.--The restrictions described in section 531(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(e)) shall apply to United States contributions to the International Fund provided for in section 4 to the same extent and in the same manner as such restrictions apply to amounts made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961. The United States contributions shall be managed and dispersed through existing USAID mechanisms. (c) United States Representation on Board of International Fund.-- The United States shall provide two representatives from different political parties to the Board of the International Fund. The function of the board is to provide recommendations for programmatic support and direction on promoting contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. The board should oversee and contain an expertise in program integrity, monitoring and evaluation and assessment. SEC. 6. ANNUAL REPORT. (a) In General.--At the end of each fiscal year in which the United States Government makes any contribution to the International Fund in accordance with this Act, the President shall transmit to Congress a written report on the extent to which the International Fund and United States contributions to the International Fund have contributed to promoting and supporting contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. (b) Matters To Be Included.--The reports required under subsection (a) shall also include the following: (1) Information on contributions pledged to, contributions (including donations from the private sector) received by, and projects funded by the International Fund, and the mechanisms established for transparency and accountability in the grant- making process. (2) A description of the International Fund's operations, activities, budget, receipts, and expenditures for the preceding 12-month period, including an audited report of the International Fund's finances, including statements of financial position, operations, and cash flows, in accordance with the United States generally accepted government auditing standards as prescribed by the Comptroller General. (3) Insights gleaned from what drives the efficacy of people-to-people relationships in addition to a description of potential strategies for getting to sustainability for civic institutions that the fund creates or supports including novel financing mechanisms.

Summary: International Fund for Israeli-Palestinian Peace Authorization Act of 2017 This bill urges the President to make every effort, in conjunction with the government of Israel, the Palestinian Authority, and the international community, to establish an International Fund for Israeli-Palestinian Peace to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. The bill authorizes appropriations for U.S. contributions to the fund following the committee of jurisdictions' agreement to the structure of the fund and its board.


SECTION 1. SHORT TITLE. This Act may be cited as the ``E-Rate 2.0 Act of 2010''. SEC. 2. E-RATE 2.0 PROGRAM FOR INCREASED ADOPTION. Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) is amended-- (1) by redesignating paragraph (7) as paragraph (10); and (2) by adding after paragraph (6) the following: ``(7) Digital divide mitigation.-- ``(A) In general.--The Commission shall implement a pilot program to extend broadband service to students who-- ``(i) qualify for funding under the federally subsidized school lunch program; ``(ii) attend secondary schools that receive support under this section; and ``(iii) who possess a computer for use at home. ``(B) Use of funds.--The pilot program shall distribute funding to such secondary schools to dispense vouchers to eligible students to be used for monthly service fees for residential broadband service for such students. ``(C) Rules.--The Commission shall promulgate rules to implement the pilot program, including rules to prevent vouchers from being sold or transferred to non- qualifying individuals. ``(D) Limitations.-- ``(i) Duration.--The pilot program shall be in effect for a period of 5 years after the effective date of the regulations promulgated under subparagraph (C). ``(ii) Maximum amount.--There is authorized to be appropriated to the Commission to implement the pilot program not more than $500,000,000 per year for the period described in clause (i).''. SEC. 3. ELIGIBILITY FOR DISCOUNTED RATES FOR COMMUNITY COLLEGES AND HEAD START PROGRAMS. (a) In General.--Section 254(h) of such Act (47 U.S.C. 254(h)) is further amended-- (1) in paragraph (2)(A), by striking ``classrooms,'' and inserting ``classrooms, community colleges, head start programs''; and (2) in paragraph (10) (as redesignated under section 2(1))-- (A) in subparagraph (C), by striking ``school,'' and inserting ``school, a community college, a head start program''; and (B) by adding at the end the following: ``(J) Community college.--The term `community college' has the meaning given the term `junior or community college' in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058). ``(K) Head start program.--The term `head start program' means any local public or private nonprofit agency that is designated by the Secretary of Health and Human Services as a Head Start agency under section 641 of the Head Start Act (42 U.S.C. 9836).''. (b) Pilot Project.--Section 254(h) of such Act (47 U.S.C. 254(h)) is further amended by inserting after paragraph (7), as added by section 2, the following: ``(8) Community colleges and head start programs pilot project.-- ``(A) In general.--The Commission shall implement a pilot project, not to exceed $150,000,000 in any one year, to extend funding for broadband equipment and services under this section to those community college or head start program applicants who best demonstrate need, maximization potential of broadband use consistent with their educational mission, and innovation with respect to use of broadband, web-based information and applications. ``(B) Rulemaking required.--The Commission shall adopt rules as necessary to implement this paragraph. ``(C) Specification.--For the first 5 years after the date of enactment of the E-Rate 2.0 Act of 2010, community colleges and head start programs shall receive funding for broadband equipment and services from the Federal government exclusively through this pilot project.''. SEC. 4. ELECTRONIC BOOKS PILOT PROJECT. Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) is further amended by inserting after paragraph (8), as added by section 3, the following: ``(9) E-books for e-rate.-- ``(A) In general.--The Commission shall implement a pilot project, not to exceed $50,000,000 in any one year, to extend to those secondary school applicants for funding under this section that are eligible for the highest percentage discounted rates under the Commission's regulations implementing this section an opportunity to apply for meaningfully discounted services and technologies for the use of electronic books. ``(B) Rulemaking required.--The Commission shall adopt such rules as may be necessary to implement this paragraph, including rules assuring that such technologies and services are incorporated into the course curricula of the applying secondary school and that implementation is on a technology-neutral basis. ``(C) Duration; report.-- ``(i) In general.--The pilot project shall last 4 years in duration. ``(ii) Report.--At the end of the third year of the operation of the pilot project, the Commission shall prepare and submit to Congress a report assessing the project. The report shall include metrics to gauge the impact on digital literacy and overall learning associated with the student use of the electronic books project. ``(D) Rulemaking required.--The Commission shall commence and complete a rulemaking in the final year of the pilot project and determine whether the program should be extended or terminated, and if extended, what additional entities should be eligible for funding, what level of funding is reasonable and affordable for such program, and what other modifications to the program are warranted consistent with the public interest.''. SEC. 5. IMPROVED ADMINISTRATION OF E-RATE APPLICATION PROCESS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Federal Communications Commission shall develop and implement policies and procedures to streamline and simplify the application process under section 254(h) of the Communications Act of 1934 (commonly known as the ``E-Rate program'') for the purpose of-- (1) improving administration of the program; (2) increasing access to the benefits of the program; (3) minimizing the burden on applicants; and (4) maintaining measures to eliminate waste, fraud, and abuse. (b) Specific Modifications.--In carrying out subsection (a), the Federal Communications Commission shall consider whether the mission and goals of the E-Rate program would be better served by the following modifications to the administration of the program: (1) The establishment of a multi-year application for Priority One services such that applicants would be required to submit funding requests only once every 3 years for recurring services (such as telephone and Internet access services). (2) The use of an interactive Web site for communicating with applicants. (3) The deployment of interactive technology tools, such as online application forms, as part of the application process to reduce the use of paper-based means of communication and to improve the ability of applicants to receive clear and current information regarding their applications and the E-Rate program. SEC. 6. E-RATE FUND CAP MODIFICATION. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Federal Communications Commission shall complete a proceeding to revise the amount of the cap provided for in section 54.507(a) of title 47, Code of Federal Regulations, to account for inflation. (b) Report to Congress.--Not later than 30 days after completing the proceeding required by subsection (a), the Federal Communications Commission shall submit a report to Congress explaining what methodology the Commission will use to determine the appropriate adjustment under such subsection.

Summary: E-Rate 2.0 Act of 2010 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to implement a five-year pilot program which distributes funding to secondary schools participating in the E-Rate program (which provides discounted telecommunications services to certain schools and libraries) so that they can provide residential broadband service vouchers to students who are eligible to participate in the school lunch program and have a computer at home. Includes community colleges and Head Start agencies in the E-Rate program. Directs the FCC to implement a pilot program that, for the five years following this Act's enactment, is the exclusive source of federal funding for broadband equipment and services for community colleges and Head Start agencies. Requires the FCC to implement a four-year pilot program that allows secondary schools that are eligible for the highest percentage discounted rates under the E-Rate program to apply for meaningfully discounted services and technologies for the use of electronic books. Directs the FCC to: (1) develop and implement policies and procedures to streamline and simplify the E-Rate program application process; and (2) complete the proceeding to revise the E-Rate program funding cap so that the cap accounts for inflation.


SECTION 1. TIMELY PAYMENT OF SOCIAL SECURITY BENEFITS IF STATUTORY DEBT LIMIT IS REACHED. (a) In General.--Section 1145 of the Social Security Act (42 U.S.C. 1320b-15) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Timely Payment of Benefits if Statutory Debt Limit Is Reached.-- ``(1) Disinvestment of fund to make current benefit payments.--For the purpose of making payment of cash benefits or administrative expenses during any debt limit default period, public debt obligations held by the applicable Federal fund shall be sold or redeemed in an amount not to exceed the sum of-- ``(A) the face amount of obligations held by such fund which mature during such month; plus ``(B) the amount necessary only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of the applicable Federal fund are not available during such period for making payment of such benefits or administrative expenses. ``(2) Issuance of corresponding debt.--For purposes of undertaking the sale or redemption of public debt obligations held by the applicable Federal fund pursuant to paragraph (1), the Secretary of the Treasury shall issue corresponding public debt obligations to the public in order to obtain the amounts necessary for payment of benefits or administrative expenses from the applicable Federal fund, notwithstanding the public debt limit. ``(3) Definitions.--For purposes of this subsection-- ``(A) Debt limit default period.--The term `debt limit default period' means a period for which cash benefits or administrative expenses would not otherwise be payable from the applicable Federal fund by reason of an inability to issue further public debt obligations because of the public debt limit. ``(B) Applicable federal fund.--The term `applicable Federal fund' means a Federal fund specified in paragraph (1) or (2) of subsection (d).''. (b) Conforming Amendments.-- (1) Section 1145 of the Social Security Act, as amended by subsection (a), is amended-- (A) by redesignating subsection (d) as subsection (e), and (B) by inserting after subsection (c) the following new subsection: ``(d) Public Debt Limit.--For purposes of this section, the term `public debt limit' means the limitation established under section 3101 of title 31, United States Code, as increased under section 3101A of such title.''. (2) Section 1145(c) of the Social Security Act, as amended by subsection (a), is amended by striking ``established under section 3101 of title 31, United States Code''. SEC. 2. PRIORITIZATION OF PAYMENTS IN EVENT THAT STATUTORY DEBT LIMIT IS REACHED. Section 3101 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) In the event that the Secretary of the Treasury is not able to issue obligations to make all payments authorized by law due to the limitation under subsection (b) (as increased under section 3101A), the Secretary shall give equal priority to the following: payments of principal and interest on public debt; payments of amounts that the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue pay and allowances (without interruption) to the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service; payments determined by the President (and reported to the Congress) to be necessary to continue United States priorities of its vital national security interests; and payments for items and services under title XVIII of the Social Security Act (relating to Medicare).''. SEC. 3. CONTINUANCE OF MILITARY PAY AND ALLOWANCES DURING PERIODS OF LAPSED APPROPRIATIONS. (a) Continuance of Pay.--Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section: ``SEC. 1015. CONTINUANCE OF PAY AND ALLOWANCES DURING PERIODS OF LAPSED APPROPRIATIONS. ``(a) Definitions.--In this section: ``(1) The term `military personnel accounts' means the military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense, generally title I of an annual Department of Defense appropriations Act, and the corresponding accounts for the Department of Homeland Security used to provide pay and allowances for members of the Coast Guard. ``(2) The term `pay and allowances' means basic pay, bonuses and special pay, allowances and any other forms of compensation available for members of the armed forces under this title or otherwise paid from the military personnel accounts. ``(3) The term `period of lapsed appropriations', when used with respect to members of the armed forces, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances of members of the armed forces. ``(b) Appropriation of Funds To Continue Payment of Pay and Allowances.--For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to allow the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the United States armed forces. ``(c) Limitation on Amounts Paid.--This section only authorizes the expenditure of funds during a period of lapsed appropriations for the pay and allowances of a member of the armed forces at a rate that is equal to the rate in effect for that member immediately before the start of the period of lapsed appropriations. The rate for a member may neither exceed the rate in effect immediately before the start of the period of lapsed appropriations nor be less than that rate, unless reduced by disciplinary action under the Uniform Code of Military Justice. ``(d) Relation to Other Pay Authorities.--This section shall not be construed to affect the entitlement of a member of the armed forces to an amount of pay and allowances that exceeds the amount of pay and allowances authorized to be paid under this section and to which the member becomes entitled under other applicable provisions of law. ``(e) Effect of End of Period of Lapsed Appropriations.-- Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill (or other bill or joint resolution making continuing appropriations through the end of the fiscal year) becomes law.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1015. Continuance of pay and allowances during periods of lapsed appropriations.''.

Summary: Amends title XI (General Provisions) of the Social Security Act with respect to the payment of cash benefits or administrative expenses from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund (applicable federal funds) during any debt limit default period. Requires that during a debt limit default period public debt obligations held by the applicable federal fund be sold or redeemed in an amount not to exceed the sum of: (1) the face amount of obligations held by the fund which mature during the month in question; plus (2) the amount necessary only to pay such benefits or administrative expenses, and only to the extent cash assets of the fund are not available during that period to make such payments. Directs the Secretary of the Treasury, in order to undertake the sale or redemption of public debt obligations held by the applicable federal fund, to issue corresponding public debt obligations to the public in order to obtain the amounts necessary to make such payments, notwithstanding the public debt limit. Declares that, in the event that the Secretary is not able to issue obligations to make all authorized payments because the public debt limit has been reached, the Secretary shall give equal priority to the following: (1) payments of principal and interest on public debt; (2) payments of amounts that the Secretary of Defense (DOD) (and the Secretary of Homeland Security [DHS] in the case of the Coast Guard) determines to be necessary to continue pay and allowances (without interruption) to the Army, Navy, Air Force, Marine Corps, and Coast Guard, including their reserve components, who perform active service; (3) payments determined by the President (and reported to the Congress) to be necessary to continue U.S. priorities of its vital national security interests; and (4) payments for items and services under SSA title XVIII (Medicare). Makes appropriations, for any period of lapsed appropriations, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the U.S. armed forces.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1991, the Medicare program has reduced reimbursements for anesthesia services provided to Medicare beneficiaries by 50 percent in certain instances when education of student nurse anesthetists or anesthesiology medical residents is involved, imposing financial disincentives against anesthesia education. These Medicare payment policies are known as anesthesia teaching rules. (2) In 2002, the Centers for Medicare & Medicaid Services (CMS) authorized an alternative payment system for certain cases involving nurse anesthesia education and subsequently for anesthesiology resident education, in which the agency allowed reimbursement for base units plus discontinuous time. However, the alternative has not propagated in the marketplace and CMS has declined to reform the anesthesia teaching rules further without an Act of Congress. (3) To ensure the access of patients to safe, high quality anesthesia care, society has a strong interest in providing for high quality anesthesia educational institutions. The population of the United States is aging, resulting in an increase in demand for health care requiring anesthesia and pain management services provided by anesthesiologists and certified registered nurse anesthetists (CRNAs). (4) Though the Institute of Medicine in 2000 found the provision of anesthesia in such year to be 50 times safer than the provision of anesthesia during the 20 years previous to such year, continued evaluation, innovation, and quality improvements in anesthesia are required to further enhance patient safety. (5) As of August 2006, there are 130 anesthesiology residency programs and 102 programs accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs in the United States. Under the current payment rules under the Medicare program, both anesthesiology residency and nurse anesthesia educational programs report challenges recruiting and retaining faculty. (6) Since part B under the Medicare program provides for reimbursement for the services of anesthesiologists and the services of CRNAs, reforms to the anesthesia teaching rules under the Medicare program should treat teaching anesthesiologists and teaching CRNAs similarly with respect to anesthesiology medical residents and student registered nurse anesthetists, respectively, and should not favor one provider over another. SEC. 3. PURPOSE. The purpose of this Act is to ensure financial stability of nurse anesthesia and anesthesiology educational programs to provide sufficient opportunities for student nurse anesthetists and medical residents to pursue the specialty of anesthesia so that patients continue to have access to quality health care. SEC. 4. SPECIAL PAYMENT RULE FOR TEACHING ANESTHESIOLOGISTS AND TEACHING CERTIFIED REGISTERED NURSE ANESTHETISTS. (a) For Physicians' Services.--Section 1848(a) of the Social Security Act (42 U.S.C. 1395w-4(a)) is amended-- (1) in paragraph (4)(A), by inserting ``except as provided in paragraph (5)(A)'' after ``anesthesia cases,''; and (2) by adding at the end of paragraph (4) the following new paragraph: ``(5) Special rule for teaching anesthesiologists.-- ``(A) In general.--With respect to physicians' services furnished by a teaching anesthesiologist involved in the training of physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, notwithstanding paragraph (4), the fee schedule amount to be applied for each such case shall be the amount described in subparagraph (B) if both of the following conditions are met: ``(i) The teaching anesthesiologist is present during all critical or key portions of the anesthesia service or case involved. ``(ii) At least one of the following individuals is immediately available to furnish anesthesia services during the entire case: ``(I) The teaching anesthesiologist. ``(II) An anesthesiologist with whom the teaching anesthesiologist has entered into an arrangement for such purpose. ``(III) In the case of the training of student nurse anesthetists, a certified registered nurse anesthetist with whom the teaching anesthesiologist has entered into an arrangement with respect to such training. ``(B) Amount described.--For purposes of subparagraph (A), the amount described in this subparagraph, with respect to anesthesia services furnished by a teaching anesthesiologist described in such subparagraph, is 100 percent of the fee schedule amount otherwise applicable under this section if the anesthesia services were personally performed by the teaching anesthesiologist alone. ``(C) Clarification for anesthesiologists who medically direct teaching certified registered nurse anesthetists.--Subparagraph (A) shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a certified registered nurse anesthetist who is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases.''. (b) For Services of Certified Registered Nurse Anesthetists.-- Section 1833(l) of such Act (42 U.S.C. 1395l(l)) is amended-- (1) in paragraph (4)(B)(iii)-- (A) by striking ``In the case of'' and inserting ``(I) Subject to clause (II), in the case of''; (B) by striking ``1848(a)(5)(B)'' and inserting ``1848(a)(4)(B)''; and (C) by adding at the end the following new subclause: ``(II) Subclause (I) shall apply to a certified registered nurse anesthetist who is medically directed or medically supervised by a physician notwithstanding whether or not such certified registered nurse anesthetist is involved in the training of student nurse anesthetists in a single case or two concurrent cases.''; and (2) by adding at the end the following new paragraph: ``(7)(A) With respect to services furnished by a teaching certified registered nurse anesthetist who is not medically directed and who is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, the fee schedule amount to be applied for each such case shall be the amount described in subparagraph (B) if both of the following conditions are met: ``(i) The teaching certified registered nurse anesthetist is present during all critical or key portions of the anesthesia service or case involved. ``(ii) The teaching certified registered nurse anesthetist (or other certified registered nurse anesthetist or anesthesiologist with whom the teaching certified registered nurse anesthetist has entered into an arrangement) is immediately available to furnish anesthesia services during the entire case. ``(B) For purposes of subparagraph (A), the amount described in this subparagraph, with respect to services furnished by a teaching certified registered nurse anesthetist described in such subparagraph, is 100 percent of the fee schedule amount otherwise applicable under this subsection if the services were personally performed by the teaching certified registered nurse anesthetist alone.''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2007.

Summary: Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006 - Amends title XVIII (Medicare) part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of the Social Security Act to set forth a special payment rule for teaching anesthesiologists (TAs) and teaching certified registered nurse anesthetists (CRNAs). Requires payment of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by the TA alone when the TA is training physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the TA is present during all critical or key portions of the anesthesia service or case involved; and (2) either the TA or an anesthesiologist or a CRNA with whom the TA has made special arrangements is immediately available to furnish anesthesia services during the entire case. States that this special payment rule shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a CRNA involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases. Applies to a CRNA medically directed or medically supervised by a physician in the performance of anesthesia services the current fee schedule amount of one-half of the amount for a physician's medical direction of the performance of such services, regardless of whether or not the CRNA is involved in the training of student nurse anesthetists in a single case or two concurrent cases. Requires payment, however, of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by a teaching CRNA alone when the teaching CRNA is not medically directed but is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the teaching CRNA is present during all critical or key portions of the anesthesia service or case involved; and (2) the teaching CRNA (or other CRNA or anesthesiologist with whom the CRNA has made special arrangements) is immediately available to furnish anesthesia services during the entire case.