SECTION 1. QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by adding at the end the following new part: ``PART VIII--QUALIFIED STATE TUITION PROGRAMS ``Sec. 529. Qualified State tuition programs. ``SEC. 529. QUALIFIED STATE TUITION PROGRAMS. ``(a) General Rule.--A qualified State tuition program shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Qualified State Tuition Program.--For purposes of this section-- ``(1) In general.--The term `qualified State tuition program' means a program established and maintained by a State or agency or instrumentality thereof-- ``(A) under which a person-- ``(i) may purchase tuition credits or certificates on behalf of a designated beneficiary which entitle the beneficiary to the waiver or payment of qualified higher education expenses of the beneficiary, or ``(ii) may make contributions to an account which is established for the sole purpose of meeting the qualified higher education expenses of the designated beneficiary of the account, and ``(B) which meets the other requirements of this subsection. ``(2) Cash contributions.--A program shall not be treated as a qualified State tuition program unless it provides that purchases or contributions may only be made in cash. ``(3) Refunds.--A program shall not be treated as a qualified State tuition program unless it imposes a more than de minimis penalty on any refund of earnings from the account which are not-- ``(A) used for qualified higher education expenses of the designated beneficiary, ``(B) made on account of the death or disability of the designated beneficiary, or ``(C) made on account of a scholarship received by the designated beneficiary to the extent the amount of the refund does not exceed the amount of the scholarship used for qualified higher education expenses. ``(4) Separate accounting.--A program shall not be treated as a qualified State tuition program unless it provides separate accounting for each designated beneficiary. ``(5) No investment direction.--A program shall not be treated as a qualified State tuition program unless it provides that any contributor to, or designated beneficiary under, such program may not direct the investment of any contributions to the program (or any earnings thereon). ``(6) No pledging of interest as security.--A program shall not be treated as a qualified State tuition program if it allows any interest in the program or any portion thereof to be used as security for a loan. ``(c) Tax Treatment of Designated Beneficiaries and Contributors.-- ``(1) In general.--Except as otherwise provided in this subsection, no amount shall be includible in gross income of-- ``(A) a designated beneficiary under a qualified State tuition program, or ``(B) a contributor to such program on behalf of a designated beneficiary, with respect to any distribution from, or earnings under, such program. ``(2) Distributions.-- ``(A) In general.--Any distribution under a qualified State tuition program shall be includible in the gross income of the distributee in the same manner as provided under section 72 to the extent not excluded from gross income under any other provision of this chapter. ``(B) In-kind distributions.--The furnishing of education to a designated beneficiary under a qualified State tuition program shall be treated as a distribution to the beneficiary. ``(C) Change in beneficiaries.-- ``(i) Rollovers.--Subparagraph (A) shall not apply to that portion of any distribution which, within 60 days of such distribution, is transferred to the credit of another designated beneficiary under a qualified State tuition program who is a member of the same family as the designated beneficiary with respect to which the distribution was made. ``(ii) Change in designated beneficiaries.--Any change in the designated beneficiary of an interest in a qualified State tuition program shall not be treated as a distribution for purposes of subparagraph (A) if the new beneficiary is a member of the same family as the old beneficiary. ``(D) Operating rules.--For purposes of applying section 72-- ``(i) all qualified State tuition programs of which an individual is a designated beneficiary shall be treated as one program, ``(ii) all distributions during a taxable year shall be treated as one distribution, and ``(iii) the value of the contract, income on the contract, and investment in the contract shall be computed as of the close of the calendar year in which the taxable year begins. ``(3) Gift tax treatment.--Any contribution on behalf of a designated beneficiary to a qualified State tuition program shall be treated as a qualified transfer for purposes of section 2503(e). ``(d) Reporting Requirements.-- ``(1) In general.--If-- ``(A) a designated beneficiary is furnished education under a qualified State tuition program during any calendar year, or ``(B) there is a distribution to any individual with respect to an interest in such program during any calendar year, each officer or employee having control of the qualified State tuition program or their designee shall make such reports as the Secretary may require regarding such education or distribution to the Secretary and to the designated beneficiary or the individual to whom the distribution was made. Any such report shall include such information as the Secretary may prescribe. ``(2) Timing of reports.--Any report required by this subsection-- ``(A) shall be filed at such time and in such matter as the Secretary prescribes, and ``(B) shall be furnished to individuals not later than January 31 of the calendar year following the calendar year to which such report relates. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Designated beneficiary.--The term `designated beneficiary' means-- ``(A) the individual designated at the commencement of participation in the qualified State tuition program as the beneficiary of amounts paid (or to be paid) to the program, ``(B) in the case of a change in beneficiaries described in subsection (c)(2)(C)(ii), the individual who is the new beneficiary, and ``(C) in the case of an interest in a qualified State tuition program purchased by a State or local government or an organization described in section 501(c)(3) and exempt from taxation under section 501(a) as part of a scholarship program operated by such government or organization, the individual receiving such interest as a scholarship. ``(2) Member of family.--The term `member of family' has the same meaning given such term as section 2032A(e)(2). ``(3) Qualified higher education expenses.--The term `qualified higher education expenses' means tuition, fees, books, supplies, and equipment required for the enrollment or attendance of a designated beneficiary at an eligible education institution (as defined in section 135(c)(3)). ``(4) Application of section 514.--An interest in a qualified State tuition program shall not be treated as debt for purposes of section 514.''. (b) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Transition rule.--If-- (A) a State or agency or instrumentality thereof maintains, on the date of the enactment of this Act, a program under which persons may purchase tuition credits or certificates on behalf of, or make contributions for education expenses of, a designated beneficiary, and (B) such program meets the requirements of a qualified State tuition program before the later of-- (i) the date which is 1 year after such date of enactment, or (ii) the first day of the first calendar quarter after the close of the first regular session of the State legislature that begins after such date of enactment, the amendments made by this section shall apply to contributions (and earnings allocable thereto) made before the later of such dates without regard to whether any requirements of such amendments are met with respect to such contributions and earnings. For purposes of subparagraph (B)(ii), if a State has a 2- year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Summary: Amends the Internal Revenue Code to exempt from taxation a qualified State tuition program. Defines such a program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``After Care Act of 2007''. SEC. 2. REQUIREMENT OF AIDS TESTING FOR PRISONERS ABOUT TO BE RELEASED. Section 4014(a) of title 18, United States Code, is amended by adding at the end the following: ``The Attorney General shall cause each individual about to be released from a sentence of imprisonment for a Federal offense, other than those who have already tested positive for the human immunodeficiency virus, to be tested for the presence of that virus. If an individual is determined under the preceding sentence to test positive for the presence of the human immunodeficiency virus, the Attorney General shall inform the individual, prior to the individual's release, that the individual has tested positive for such virus and has an obligation to accept treatment through the program under section 4 of the After Care Act of 2007.''. SEC. 3. CONDITIONS OF SUPERVISED RELEASE. Section 3583(d) of title 18, United States Code, is amended by inserting after the 4th sentence the following: ``The court shall order, as explicit conditions of supervised release, that the defendant accept treatment through the program under section 4 of the After Care Act of 2007 and provide notice to any prospective sexual partner that the defendant has tested positive for the presence of the human immunodeficiency virus before engaging in any sex act with such partner, if the Attorney General informs the defendant before the defendant's release from prison that the defendant has tested positive for the presence of the human immunodeficiency virus and it will be the obligation of the defendant to accept such treatment and provide such notice.''. SEC. 4. PROGRAM FOR HIV/AIDS TREATMENT OF RECENTLY RELEASED FEDERAL PRISONERS. (a) Establishment.--The Attorney General of the United States and the Secretary of Health and Human Services, acting jointly, shall establish and maintain a program to provide to each eligible individual treatment for HIV/AIDS throughout the treatment period. (b) Consultation.--In carrying out this section, the Attorney General of the United States and the Secretary of Health and Human Services shall consult with the Director of the Centers for Disease Control and Prevention, the Administrator of the Health Resources and Services Administration, and the Administrator of the Centers for Medicare & Medicaid Services. (c) Program Requirements.--The program established under subsection (a) shall provide for the following: (1) Each eligible individual shall be provided with treatment for HIV/AIDS throughout the treatment period. (2) Prior to the eligible individual's release by the Bureau of Prisons, a culturally competent health care provider shall be assigned to the individual-- (A) to formulate a medical discharge plan for the individual; and (B) to continue to provide support services to the individual throughout the treatment period. (3) A discharge plan under paragraph (2)(A) shall include-- (A) completion of the procedural requirements necessary to establish eligibility for benefits under government programs, such as Medicaid, in sufficient time so that such eligibility has been established prior to release; (B) provision of government-issued identification; and (C) provision to the eligible individual and to the health care provider assigned to the individual under paragraph (2) of copies of all medical documents relating to the individual's treatment while incarcerated, including copies of prescriptions. (4) Prior to the eligible individual's release by the Bureau of Prisons-- (A) a determination shall be made as to whether the individual will be homeless upon release; and (B) if the individual would otherwise be homeless upon release, arrangements shall be made for safe and appropriate housing for the individual. (5) Prior to the eligible individual's release by the Bureau of Prisons, the health care provider assigned to the individual under paragraph (2) shall schedule a medical appointment for the individual. (6) Prior to the eligible individual's release by the Bureau of Prisons-- (A) the individual shall be provided with a one to two week supply of medications for treatment for HIV/ AIDS; and (B) to minimize the risk of such medications being resold-- (i) if the individual is receiving pain medication while incarcerated, the individual shall be tested to determine whether the individual has been taking or selling the medication; and (ii) the medications provided under subparagraph (A) shall be provided in a form, such as open boxes, that is more difficult to sell. (7) At the point of the eligible individual's release by the Bureau of Prisons, the individual-- (A) shall be met and escorted to the services necessary for treatment for HIV/AIDS; and (B) shall be provided with any appropriate emergency assistance, such as appropriate clothing. (8) During the treatment period-- (A) the eligible individual shall be provided with a contact for his or her first medical appointment and, if necessary, arrangements shall be made for subsequent appointments; (B) the individual shall be provided with treatment adherence services to help the individual understand and adhere to the applicable medical regimen; (C) the individual shall be provided, as determined necessary, with access to substance abuse treatment and to mental health services; and (D) a skilled and culturally competent case manager and counselor shall be assigned to work with the individual to ensure that needed support services are obtained, medical appointments are kept, and the individual is supported through the difficult transition from incarceration to the streets. (9) Before the end of the treatment period, the health care provider assigned to the eligible individual under paragraph (2) shall arrange for the continuation of treatment for HIV/ AIDS after such period. (d) Definitions.--In this section: (1) The term ``eligible individual'' means an individual who-- (A) is released from a sentence of imprisonment for a Federal offense; and (B) at the time of such release, tests positive for the presence of the human immunodeficiency virus. (2) The term ``treatment for HIV/AIDS'' means treatment for human immunodeficiency virus or acquired immune deficiency syndrome. Such treatment includes health care (including the provision of medication), counseling, and education. (3) The term ``treatment period'' means the period-- (A) beginning on the date of the individual's release by the Bureau of Prisons; and (B) ending on the date that is 2 years after such date of release. (e) Applicability.--This section applies only with respect to eligible individuals released on or after the dates that is 60 days after the date of the enactment of this Act. (f) Funding.--For fiscal year 2008 and each subsequent fiscal year, there shall be appropriated such sums as may be necessary to carry out this section. SEC. 5. UNLAWFUL SALE OF FEDERALLY FUNDED HIV/AIDS MEDICATION. (a) Prohibition.--A person receiving HIV/AIDS medication, including antiretrovirals, through a Federal program shall not sell, or trade for any benefit, such medication. (b) Enforcement.--If a person violates subsection (a), the Federal official responsible for the program involved shall prohibit the person from receiving any additional HIV/AIDS medication through such program, unless the person agrees to abide by the following: (1) The person will receive such medication only through a pharmacy that has been designated by the Secretary of Health and Human Services as a specialty HIV pharmacy. (2) The person will receive counseling to help him or her understand and adhere to the applicable medical regimen. (c) Designation of Specialty HIV Pharmacies.--For purposes of subsection (b)(1), the Secretary of Health and Human Services shall designate a pharmacy as a specialty HIV pharmacy if the pharmacy agrees to take such actions as may be determined necessary by the Secretary to prevent persons who receive HIV/AIDS medication from violating subsection (a). (d) Definition.--In this section, the term ``HIV/AIDS medication'' means medication to treat the person involved for human immunodeficiency virus, acquired immune deficiency syndrome, or related symptoms.

Summary: After Care Act of 2007 - Amends the federal criminal code to require: (1) the Attorney General to provide for the testing of prisoners about to be released from a federal facility for the human immunodeficiency virus; and (2) courts to order defendants testing positive for the virus to accept HIV/AIDS treatment as a condition of supervised release and to notify any prospective sexual partner of HIV/AIDS status. Requires the Attorney General and the Secretary of Health and Human Services to establish and maintain a program for HIV/AIDS treatment of prisoners for two years after release by the Bureau of Prisons. Prohibits individuals receiving HIV/AIDS medication, including antiretrovirals, through a federal program from selling or trading such medication.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Accountability Study Act''. SEC. 2. TRADE IMPACT COMMISSION. (a) Establishment.--There is established the ``Trade Impact Review Commission'' (in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall-- (1) determine-- (A) the extent to which exports of goods of the United States to NAFTA countries, and imports of goods of NAFTA countries into the United States, have increased or decreased since January 1, 1994; and (B) the number of jobs in the United States that have been created as a result of increased exports of goods of the United States to NAFTA countries, and the number of jobs in the United States that have been lost as a result of increased imports of goods of NAFTA countries into the United States, since January 1, 1994; and (2) determine-- (A) the extent to which exports of goods of the United States to the People's Republic of China, and imports of goods of the People's Republic of China into the United States, have increased or decreased since December 11, 2001; and (B) the number of jobs in the United States that have been created as a result of increased exports of goods of the United States to the People's Republic of China, and the number of jobs in the United States that have been lost as a result of increased imports of goods of the People's Republic of China into the Untied States, since December 11, 2001; and (3) submit to the appropriate committees of the Congress, the Secretary of Commerce, the Secretary of Labor, and the United States Trade Representative, the findings of the Commission under paragraphs (1) and (2), as well as any recommendations the Commission has for strengthening the United States labor force in light of such findings. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 5 members appointed as follows: (A) 1 member appointed by the President. (B) 1 member appointed by the Speaker of the House of Representatives. (C) 1 member appointed by the minority leader of the House of Representatives. (D) 1 member appointed by the majority leader of the Senate. (E) 1 member appointed by the minority leader of the Senate. (2) Persons eligible.-- (A) In general.--The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission. The members may be from the public or private sector, and may include employees of the Federal Government or of State or local governments, members of academia, nonprofit organizations, or industry, or other interested individuals. (B) Diversity.--It is the intent of the Congress that persons appointed to the Commission under paragraph (1) be persons who represent diverse economic and professional backgrounds from different regions of the United States. (3) Consultation and appointment.-- (A) In general.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall consult among themselves before appointing the members of the Commission in order to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. (B) Completion of appointments; vacancies.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall conduct the consultation under subparagraph (A) and make their respective appointments not later than 60 days after the date of the enactment of this Act. (4) Terms and vacancies.--Each member of the Commission shall be appointed for the life of the Commission. A vacancy in the membership of the Commission shall not affect the powers of the Commission and shall be filled, not later than 30 days after the vacancy occurs, in the same manner as the original appointment was made. (5) Chair and vice chair.--The Commission shall select a Chair and Vice Chair from among its members. (d) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--After the initial meeting, the Commission shall meet at the call of the Chair. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. (f) Compensation.-- (1) Rate.--Except as provided in paragraph (2), members of the Commission shall each be paid the daily equivalent of the annual rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.--A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress may not receive additional pay, allowances, or benefits by reason of his or her service on the Commission. (g) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (h) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (i) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (j) Powers.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chair or Vice Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. (k) Report.--The Commission shall transmit a report containing its findings and recommendations under subsection (b)(3) not later than 180 days after the first meeting of the Commission under subsection (d)(1). (l) Termination.--The Commission shall terminate 30 days after submitting its report under subsection (k). (m) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 3. FUTURE NEGOTIATIONS. In preparing for and engaging in negotiations for trade agreements, the President shall ensure that the findings and recommendations of the Trade Impact Commission established in section 2 are included in developing trade policy with respect to such negotiations. SEC. 4. PRESIDENTIAL CERTIFICATIONS. The President shall submit to the Congress, not later than May 31 of each year, a report that certifies whether or not-- (1) each NAFTA country is meeting commitments made in the North American Agreement on Environmental Cooperation and in the North American Agreement on Labor Cooperation; and (2) the People's Republic of China is meeting its obligations with respect to protection of the environment and worker rights by reason of its accession to the World Trade Organization, including commitments made to the United States. SEC. 5. DEFINITIONS. As used in this Act: (1) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement entered into by the United States, Canada, and Mexico on December 17, 1992. (2) NAFTA country.--The term ``NAFTA country'' has the meaning given that term in section 2(4) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)). (3) North american agreement on environmental cooperation.--The term ``North American Agreement on Environmental Cooperation'' has the meaning given that term in section 532(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3472(b)(2)). (4) North american agreement on labor cooperation.--The term ``North American Agreement on Labor Cooperation'' has the meaning given that term in section 531(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3471(b)(2)).

Summary: Trade Accountability Study Act - Establishes the Trade Impact Review Commission to determine: (1) the extent to which exports of U.S. goods to North American Free Trade Agreement (NAFTA) countries, and imports into the United States of goods from NAFTA countries, have increased or decreased since January 1, 1994; (2) the number of jobs in the United States that have resulted from increased exports of U.S. goods to NAFTA countries, and the number of jobs in the United States that have been lost as a result of increased imports into the United States of goods from NAFTA countries, since January 1, 1994; (3) the extent to which exports of U.S. goods to the People's Republic of China, and imports into the United States of Chinese goods, have increased or decreased, since December 11, 2001; and (4) the number of jobs in the United States that have resulted from increased exports of U.S. goods to China, and the number of jobs in the United States lost as a result of increased imports into the United States of goods from China, since December 11, 2001.Directs the President to certify annually to Congress whether or not: (1) each NAFTA country is meeting its commitments with respect to the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation; and (2) China is meeting its obligations with respect to the protection of the environment and worker rights because of its accession to the World Trade Organization, including commitments made to the United States.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Disease Risk Assessment, Prevention, and Control Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) it is in the interest of the United States to maintain healthy livestock herds; (2) managing the risks of foot and mouth disease, bovine spongiform encephalopathy, and related diseases in the United States may require billions of dollars for remedial activities by consumers, producers, and distributors of meat and blood products; (3) the potential introduction of those diseases into the United States would cause devastating financial losses to-- (A) the agriculture industry and other economic sectors; and (B) United States trade in the affected animals and animal products; (4) foot and mouth disease is a severe and highly contagious viral infection affecting cattle, deer, goats, sheep, swine, and other animals; (5) the most effective means of eradicating foot and mouth disease is by the slaughter of affected animals; (6) while foot and mouth disease was eradicated in the United States in 1929, the virus could be reintroduced by-- (A) a single infected animal, an animal product, or a person carrying the virus; (B) an act of terrorism; or (C) other means; (7) once introduced, foot and mouth disease can spread quickly through-- (A) exposure to aerosols from infected animals; (B) direct contact with infected animals; and (C) contact with contaminated feed, equipment, or humans harboring the virus or carrying the virus on their clothing; (8) foot and mouth disease is endemic to more than \2/3\ of the world and is considered to be widespread in parts of Africa, Asia, Europe, and South America; (9) foot and mouth disease occurs in over 7 different serotypes and 60 subtypes; (10) as foot and mouth disease outbreaks have occurred, the United States has banned the importation of live ruminants and swine and many animal products from countries affected by foot and mouth disease; (11) recently, the United States has implemented bans in response to outbreaks in Argentina, the European Union, and Taiwan; (12) although United States exclusion programs have been successful at keeping foot and mouth disease out of the United States since 1929, recent outbreaks in Argentina, the European Union, and Taiwan are placing an unprecedented strain on our animal health system; (13) bovine spongiform encephalopathy is a transmissible, neuro-degenerative disease found in cattle; (14) in cattle with bovine spongiform encephalopathy, the active agent is found primarily in the brain and spinal cord and has not been found in commonly consumed beef products; (15) bovine spongiform encephalopathy is thought to have an incubation period of several years but is ultimately fatal to cattle within weeks of onset of the active disease; (16) bovine spongiform encephalopathy was first widely found in 1986 in cattle in the United Kingdom; (17) bovine spongiform encephalopathy-carrying cattle have been found in cattle in Belgium, Denmark, France, Germany, Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands, Portugal, Spain, and Switzerland; (18) cattle infected with bovine spongiform encephalopathy originating from the United Kingdom have been found and intercepted in Canada; (19) since 1989, the Secretary of Agriculture has prohibited the importation of live grazing animals from countries where bovine spongiform encephalopathy has been found in cattle; (20) other products derived from grazing animals, such as blood meal, bonemeal, fat, fetal bovine serum, glands, meat- and-bone meal, and offal, are prohibited from entry, except under special conditions or under permits issued by the Secretary of Agriculture for scientific or research purposes; (21) on December 12, 1997, the Secretary of Agriculture extended those restrictions to include all countries in Europe because of concerns about widespread risk factors and inadequate surveillance for bovine spongiform encephalopathy; (22) on December 7, 2000, the Secretary of Agriculture prohibited all imports of rendered animal protein products from Europe; (23) Creutzfeldt-Jacob disease is a human spongiform encephalopathy; (24) on March 20, 1996, the Spongiform Encephalopathy Advisory Committee of the United Kingdom announced the identification of 10 cases of a new variant of Creutzfeldt- Jacob disease; (25) all 10 patients developed onsets of the disease in 1994 or 1995; (26) scientific experts (including scientists at the Department of Agriculture, the Department of Health and Human Services, and the World Health Organization) are studying the possible link (including potential routes of transmission) between bovine spongiform encephalopathy and variant Creutzfeldt-Jacob disease; (27) from October 1996 to December 2000, 87 cases of variant Creutzfeldt-Jacob disease have been reported in the United Kingdom, 3 cases in France, and 1 case in Ireland; and (28) to reduce the risk of human spongiform encephalopathies in the United States, the Commissioner of Food and Drugs has-- (A) banned individuals who lived in Great Britain for at least 180 days since 1980 from donating blood in the United States; and (B) established regulations that prohibit the feeding of most animal-derived proteins to grazing animals. (b) Purpose.--The purpose of this Act is to provide the people of the United States and Congress with information concerning-- (1) actions by Federal agencies to prevent foot and mouth disease, bovine spongiform encephalopathy, and related diseases; (2) the sufficiency of legislative authority to prevent or control foot and mouth disease, bovine spongiform encephalopathy, and related diseases in the United States; (3) the economic impacts associated with the potential introduction of foot and mouth disease, bovine spongiform encephalopathy, and related diseases into the United States; and (4) the risks to public health from possible links between bovine spongiform encephalopathy and other spongiform encephalopathies to human illnesses. SEC. 3. REPORT TO CONGRESS. (a) Preliminary Report.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committees and Subcommittees described in paragraph (2) a preliminary report concerning-- (A) coordinated interagency activities to assess, prevent, and control the spread of foot and mouth disease and bovine spongiform encephalopathy in the United States; (B) sources of information from the Federal Government available to the public on foot and mouth disease and bovine spongiform encephalopathy; and (C) any immediate needs for additional legislative authority, appropriations, or product bans to prevent the introduction of foot and mouth disease or bovine spongiform encephalopathy into the United States. (2) Submission of report to congress.--The Secretary shall submit the preliminary report to-- (A) the Committee on Agriculture of the House of Representatives; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Subcommittee on Agriculture, Rural Development, and Related Agencies of the Committee on Appropriations of the Senate; and (D) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives. (b) Final Report.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committees and Subcommittees described in subsection (a)(2) a final report that-- (A) discusses the economic impacts associated with the potential introduction of foot and mouth disease, bovine spongiform encephalopathy, and related diseases into the United States; (B) discusses the potential risks to public and animal health from foot and mouth disease, bovine spongiform encephalopathy, and related diseases; and (C) provides recommendations to protect the health of animal herds and citizens of the United States from those risks including, if necessary, recommendations for additional legislation, appropriations, or product bans. (2) Contents.--The report shall contain-- (A) an assessment of the risks to the public presented by the potential presence of foot and mouth disease, bovine spongiform encephalopathy, and related diseases in domestic and imported livestock, livestock and animal products, wildlife, and blood products; (B) recommendations to reduce and manage the risks of foot and mouth disease, bovine spongiform encephalopathy, and related diseases; (C) any plans of the Secretary to identify, prevent, and control foot and mouth disease, bovine spongiform encephalopathy, and related diseases in domestic and imported livestock, livestock products, wildlife, and blood products; (D) a description of the incidence and prevalence of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in other countries; (E) a description and an analysis of the effectiveness of the measures taken to assess, prevent, and control the risks of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in other countries; (F) a description and an analysis of the effectiveness of the measures that the public, private, and nonprofit sectors have taken to assess, prevent, and control the risk of foot and mouth disease, bovine spongiform encephalopathy, and related diseases in the United States, including controls of ports of entry and other conveyances; (G) a description of the measures taken to prevent and control the risk of bovine spongiform encephalopathy and variant Creutzfeldt-Jacob disease transmission through blood collection and transfusion; (H) a description of any measures (including any planning or managerial initiatives such as interagency, intergovernmental, international, and public-private sector partnerships) that any Federal agency plans to initiate or continue to assess, prevent, and control the spread of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in the United States and other countries; (I) plans by Federal agencies (including the Centers for Disease Control and Prevention)-- (i) to monitor the incidence and prevalence of the transmission of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in the United States; and (ii) to assess the effectiveness of efforts to prevent and control the spread of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in the United States; (J) plans by Federal agencies (including the Agricultural Research Service, the Cooperative State Research, Education, and Extension Service, and the National Institutes of Health) to carry out, in partnership with the private sector-- (i) research programs into the causes and mechanism of transmission of foot and mouth disease and bovine spongiform encephalopathy; and (ii) diagnostic tools and preventive and therapeutic agents for foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases; (K) plans for providing appropriate compensation for affected animals in the event of the introduction of foot and mouth disease, bovine spongiform encephalopathy, or related diseases into the United States; and (L) recommendations to Congress for legislation that will improve efforts to assess, prevent, or control the transmission of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt- Jacob disease, and related diseases in the United States and in other countries. (c) Consultation.-- (1) Preliminary report.--In preparing the preliminary report under subsection (a), the Secretary shall consult with-- (A) the Secretary of the Treasury (B) the Secretary of Commerce; (C) the Secretary of State; (D) the Secretary of Health and Human Services; (E) the Secretary of Defense; (F) the United States Trade Representative; (G) the Director of the Federal Emergency Management Agency; and (H) representatives of other appropriate Federal agencies; (2) Final report.--In preparing the final report under subsection (b), the Secretary shall consult with-- (A) the individuals listed in paragraph (1); (B) private and nonprofit sector experts in infectious disease, research, prevention, and control; (C) international, State, and local governmental animal health officials; (D) private, nonprofit, and public sector livestock experts; (E) representatives of blood collection and distribution entities; and (F) representatives of consumer and patient organizations and other interested members of the public.

Summary: Animal Disease Risk Assessment, Prevention, and Control Act of 2001 - Directs the Secretary of Agriculture to submit a preliminary report to specified congressional committees concerning: (1) interagency measures to assess, prevent, and control the spread of foot and mouth disease and bovine spongiform encephalopathy ("mad cow disease") in the United States; (2) related Federal information sources available to the public; and (3) the need for any additional legislative authority or product bans.Directs the Secretary to submit a final report to such committees that discusses such diseases' economic impacts, public and animal health risks, and related legislative authority or product bans.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Information Security Protection Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS INFORMATION SECURITY IMPROVEMENTS. (a) Submittal of Quarterly Information Security Report to Congress.--Paragraph (14) of subsection (b) of section 5723 of title 38, United States Code, is amended by inserting ``and to the Committees on Veterans' Affairs of the Senate and House of Representatives'' after ``to the Secretary''. (b) Plan for Addressing Known Information Security Vulnerabilities.--Such subsection is further amended by adding at the end the following new paragraph: ``(17) Submitting to the Chairs and Ranking Members of the Committees on Veterans' Affairs of the Senate and House of Representatives, by not later than 30 days after the date of the enactment of this paragraph, and quarterly thereafter, a plan of action to address critical known information security vulnerabilities that includes-- ``(A) specific milestones regarding timelines to address such vulnerabilities; ``(B) a summary of any reports provided to the Assistant Secretary for Information and Technology pursuant to subsection (e)(3) during the period covered by the report; ``(C) a discussion of any risk assessment analysis undertaken by the Department that led to the inclusion of any such vulnerability; and ``(D) a summary of such plan of action that could be made publicly available.''. (c) Plan for Replacing Outdated Operating Systems.--Such subsection is further amended by adding at the end the following new paragraph: ``(18) Submitting to the Committees on Veterans' Affairs of the Senate and House of Representatives, by not later than January 1 of each year, a plan for identifying and replacing operating systems of the Department that are out-of-date or unsupported and that includes-- ``(A) requirements that such an operating system be removed from the network of the Department no later than 15 days after the date on which the operating system was identified as being out-of-date or unsupported; and ``(B) information concerning the number of systems so identified during the year preceding the year in which the report is submitted, when each such system was so identified, and when each system so identified was removed from the network of the Department.''. (d) Software Security.--Such subsection is further amended by adding at the end the following new paragraph: ``(19) Ensuring that any software or Internet applications used on systems by the Department are secure from vulnerabilities that could affect the confidentiality of sensitive personal information of veterans.''. SEC. 3. INFORMATION TECHNOLOGY REPORTING REQUIREMENTS. (a) In General.--Chapter 57 of title 38, United States Code, is amended-- (1) by redesignating sections 5727 and 5728 as sections 5729 and 5730, respectively; and (2) by inserting after section 5726 the following new sections: ``Sec. 5727. Reporting requirements ``Not later than 30 days after the last day of each fiscal quarter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report that includes the following information for that fiscal quarter: ``(1) A detailed description of any incidents of failure to comply with established information security policies that occurred during that quarter. ``(2) Any actions taken in response to such an incident. ``(3) Any reports made under paragraphs (8) through (10) of subsection (b) of section 5723 of this title during that quarter. ``(4) Written certification that the requirements of section 5722(c) of this title were followed during that quarter. ``(5) A detailed discussion of whether each recommendation made by the National Institute of Standards and Technology, the Office of Management and Budget, or the Department of Homeland Security relating to information security have been implemented by the Department, and if not, an explanation of why such recommendation was not implemented. ``(6) Steps taken to ensure the security of the Veterans Health Information Systems and Technology Architecture of the Department that allows for an integrated inpatient and outpatient electronic health record for patients and provides administrative tools to employees of the Department taken during that quarter. ``Sec. 5728. Information security strategic plan ``(a) Plan Required.--Not later than one year after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Homeland Security, the Director of the Office of Management and Budget, the Secretary of Defense, the Director of the National Institute of Standards and Technology, the heads of other appropriate Federal agencies, veterans groups, and appropriate industry specialists, shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a strategic plan for improving the information security of the Department. Such plan shall address-- ``(1) methods of protecting the sensitive personal information of veterans while not unduly interfering with the ability of the Department to provide benefits and services to veterans and their dependents; ``(2) how the Department can improve its compliance with information security requirements; ``(3) training and recruitment of employees with the necessary expertise and abilities in information security; and ``(4) the institutional capability of the Department to address information security threats and to implement best practices related to information security. ``(b) Biannual Updates.--The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives biannual updates to the plan required by subsection (a).''. (b) Clerical Amendments.--The table of sections at the beginning of such chapter is amended by striking the items relating to sections 5727 and 5728 and inserting the following new items: ``5727. Reporting requirements. ``5728. Information security strategic plan. ``5729. Definitions. ``5730. Authorization of appropriations.''. SEC. 4. REQUIREMENTS FOR DEPARTMENT OF VETERANS AFFAIRS CONTRACTS FOR DATA PROCESSING OR MAINTENANCE. (a) In General.--Section 5725(a) of title 38, United States Code, is amended-- (1) in paragraph (2), by striking the period and inserting ``; and''; and (2) by adding at the end the following new paragraph: ``(3) the contractor shall provide protective measures to safeguard from possible information security threats any information provided by the Department that will be resident on or transiting through information systems controlled by the contractor.''. (b) Applicability.--Paragraph (3) of section 5725(a) of title 38, United States Code, shall apply with respect to a contract entered into after the date of the enactment of this Act.

Summary: Department of Veterans Affairs Information Security Protection Act - Requires the Assistant Secretary of Veterans Affairs for Information and Technology to submit to the congressional veterans committees (under current law, only to the Secretary of Veterans Affairs) quarterly reports on Department of Veterans Affairs (VA) compliance with federally-required information security improvements. Directs the Assistant Secretary to submit to such committees: (1) quarterly, a plan of action to address critical known VA information security vulnerabilities; and (2) annually, a plan for identifying and replacing VA operating systems that are out-of-date or unsupported. Requires the Assistant Secretary to ensure that any software or Internet applications used on VA operating systems are secure from vulnerabilities that could affect the confidentiality of sensitive personal information on veterans. Directs the Secretary to report, quarterly, to such committees on any incidents of failure to comply with established information security policies, any actions taken in response to such incidents, and certain related information. Requires the Secretary to submit a strategic plan for improving VA information security and to update such plan at least every two years. Requires VA contractors with access to sensitive personal information to provide protective measures to safeguard from possible information security threats any information provided by the VA that will be resident on, or transiting through, information systems controlled by that contractor.


SECTION 1. SHORT TITLE. This Act may be cited as the ``College Literacy in Finance and Economics Act of 2011'' or the ``College LIFE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Student borrowing is widespread in higher education, and more than $100,000,000,000 in Federal education loans are originated each year. In 2008, 62 percent of recipients of a baccalaureate degree graduated with student debt. (2) Forty-eight percent of students at 4-year public institutions of higher education borrow money to pay for college, as do 57 percent of students at 4-year private institutions of higher education, and 96 percent of students at for-profit institutions of higher education. (3) In 2008, 92 percent of Black students, 85 percent of Hispanic students, 85 percent of American Indian/Alaska Native students, 82 percent of multi-racial students, 80 percent of Native Hawaiian/Pacific Islander students, 77 percent of White students, and 68 percent of Asian students received financial aid. (4) Students depart from institutions of higher education with significant debt. In 2008, the average student loan debt among graduates of institutions of higher education was $23,186, and 1 in 10 recipients of a baccalaureate degree graduated with at least $40,000 in debt. In 2008, 57 percent of recipients of a baccalaureate degree from a for-profit institution of higher education owed more than $30,000, and the median amount of debt was $32,700. Since 2003, the average cumulative debt among students at institutions of higher education has increased by 5.6 percent each year. (5) Students enrolled in for-profit institutions of higher education account for 47 percent of all student loan defaults, despite representing approximately 10 percent of all students enrolled in institutions of higher education. Since 2003, the national cohort default rate has increased from 4.5 percent to 7 percent. (6) Students rely on access to credit. Fifty-six percent of dependent students at institutions of higher education had a credit card in their own name in 2004. The average credit card balance among such students who were carrying a balance on their cards was $2,000. (7) According to the National Foundation for Credit Counseling, the majority of adults (56 percent of adults in the United States, or 127,000,000 people) do not have a budget or keep close track of expenses or spending. (8) According to a 2009 National Bankruptcy Research Center study, consumers who received financial education through pre- bankruptcy counseling had 27.5 percent fewer delinquent accounts and remained current on their accounts for 29 percent longer than consumers who did not receive such counseling. (9) According to the Financial Industry Regulatory Authority Investor Education Foundation, less than \1/3\ of young adults (ages 18 to 29) set aside emergency savings to weather unexpected financial challenges. (10) According to a Jump$tart Coalition for Personal Financial Literacy survey, 62 percent of high school students cannot pass a basic personal finance exam, and financial literacy scores among future higher education students are low. (11) According to research by the National Endowment for Financial Education and the University of Arizona, schools are the institutions that students trust most to help increase their knowledge of personal finance. SEC. 3. FINANCIAL LITERACY COUNSELING. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Financial Literacy Counseling.-- ``(1) In general.--Each eligible institution shall provide financial literacy counseling to borrowers in accordance with the requirements of this subsection, through-- ``(A) financial aid offices; ``(B) an employee or group of employees designated under subsection (c); or ``(C) a contract or partnership with a nonprofit organization that has substantial experience developing or administering financial literacy and economic education curricula, which may include an organization that has received grant funding under the Excellence in Economic Education Act of 2001 (20 U.S.C. 7267 et seq.). ``(2) Entrance and exit counseling required.-- ``(A) In general.--Financial literacy counseling, as required under this subsection, shall be provided to borrowers on the following 2 occasions: ``(i) Entrance counseling.--Such counseling shall be provided not later than 45 days after the first disbursement of a borrower's first loan that is made, insured, or guaranteed under part B, made under part D, or made under part E. ``(ii) Exit counseling.--Such counseling shall be provided, in addition to the counseling provided under clause (i), prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution, to each borrower of a loan that is made, insured, or guaranteed under part B, made under part D, or made under part E. ``(B) Exceptions.--The requirements of subparagraph (A) shall not apply to borrowers of-- ``(i) a loan made, insured, or guaranteed pursuant to section 428C; ``(ii) a loan made, insured, or guaranteed on behalf of a student pursuant to section 428B; or ``(iii) a loan made under part D that is a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student. ``(C) Minimum counseling requirements.--Such financial literacy counseling shall include a total of not less than 4 hours of counseling on the occasion described in subparagraph (A)(i), and an additional period of not less than 4 hours of counseling on the occasion described in subparagraph (A)(ii). A total of not more than 2 hours of counseling for each of the occasions described in subparagraph (A) shall be provided electronically. ``(D) Early departure.--Notwithstanding subparagraph (C), if a borrower leaves an eligible institution without the prior knowledge of such institution, the institution shall attempt to provide the information required under this subsection to the student in writing. ``(3) Information to be provided.--Financial literacy counseling, as required under this subsection, shall include information on the following: ``(A) Student financial aid, including-- ``(i) general information about educational loans, grants, tax credits, and scholarships; ``(ii) the difference between grants, scholarships, and loans, the difference between Federal loans under this title and private educational loans, and the difference between loans under this title and other loan products; and ``(iii) information about educational loan management, including repayment, deferment, consolidation, cancellation, discharge, and defaults. ``(B) Banking basics, including-- ``(i) the types of financial institutions; ``(ii) the roles, purposes, and uses of mainstream financial institutions; and ``(iii) the fundamentals of opening, using, and managing basic savings and checking accounts, including common rates, fees, and borrower pitfalls. ``(C) Budgeting and saving, including-- ``(i) the main components of a budget; ``(ii) designating and prioritizing income, expenses, and personal expenditures; and ``(iii) developing and maintaining matching goals and savings plans. ``(D) Credit and debt management, including responsible use of credit and the pitfalls of credit card debt. ``(E) Credit cards and other common credit products (such as debit cards, student loan debit and refund cards, charge cards, pre-paid cards, and secured cards linked to checking accounts), including-- ``(i) features, terms, and conditions of credit agreements; ``(ii) responsible use of such cards and products; ``(iii) repayment; and ``(iv) the consequences of making only required minimum payments. ``(F) Investing, including-- ``(i) common investment products; ``(ii) establishing investment goals (such as education, homeownership, wealth building, and retirement); ``(iii) risks and benefits of investing; and ``(iv) assessing and establishing risk tolerance. ``(G) Credit scores, including-- ``(i) functions and uses of credit scores; ``(ii) calculation of credit scores; ``(iii) factors that may improve or worsen credit scores; and ``(iv) how to build a strong credit history. ``(H) Housing, including information on-- ``(i) renting; ``(ii) pre-homeownership education (such as assessing homeownership readiness and capability); and ``(iii) the basics of mortgage borrowing (such as common mortgage products and qualifying for and obtaining a mortgage). ``(I) Taxes, including-- ``(i) tax filing and planning; and ``(ii) the tax consequences of financial decisions (such as placing an investment or purchasing a home). ``(J) Responsible financial decision making, including identifying and analyzing costs, benefits, economic incentives, and alternatives. ``(4) Use of interactive programs.--The Secretary may encourage institutions to carry out the requirements of this subsection through the use of interactive programs that test the borrower's understanding of the financial literacy information provided through counseling under this subsection, using simple and understandable language and clear formatting. ``(5) Model financial literacy counseling curriculum.--Not later than 1 year after the date of enactment of the College Literacy in Finance and Economics Act of 2011, the Secretary shall develop a curriculum in accordance with the requirements of paragraph (3), which eligible institutions may use to fulfill the requirements of this subsection. In developing such curriculum, the Secretary may consult with members of the Financial Literacy and Education Commission.''.

Summary: College Literacy in Finance and Economics Act of 2011 or College LIFE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to provide student borrowers under the Federal Family Education Loan, Direct Loan, and Perkins Loan programs with financial literacy counseling within 45 days of their first receipt of such a loan and prior to the completion of their studies or when they leave school. Requires student borrowers to receive at least four hours of counseling on each occasion. Makes such counseling requirements inapplicable to borrowers of consolidation loans. Requires financial literacy counseling to include information on student financial aid, banking, budgeting and saving, credit and debt management, credit cards and products, investing, credit scores, housing, taxes, and responsible financial decision making. Directs the Secretary of Education to develop a curriculum that IHEs may use to fulfill this Act's requirements.


SECTION 1. REFERENCES TO SOCIAL SECURITY ACT. Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 2. DURABLE MEDICAL EQUIPMENT. (a) Definition of Medical Equipment and Supplies.-- (1) In general.--Section 1861 (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``medical equipment and supplies ``(oo) The term `medical equipment and supplies'' means-- ``(1) durable medical equipment (as defined in section 1861(n)); ``(2) prosthetic devices (as described in section 1861(s)(8)); ``(3) orthotics and prosthetics (as described in section 1861(s)(9)); ``(4) home dialysis supplies and equipment (as described in section 1861(s)(2)(F)); ``(5) surgical dressings and other devices (as described in section 1861(s)(5)); ``(6) immunosuppressive drugs (as described in section 1861(s)(2)(J)); and ``(7) such other items as the Secretary may determine.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to items furnished on or after January 1, 1994. (b) Development and Application of National Standards for Suppliers of Medical Equipment and Supplies.--Section 1834 (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(i) Requirements for Issuance and Renewal of Supplier Numbers for Suppliers of Medical Equipment and Supplies.-- ``(1) Payment.--No payment may be made under this part after July 1, 1994, for items furnished by a supplier of medical equipment and supplies (as defined in section 1861(oo)) unless such supplier meets the national standards specified by the Secretary and possesses a valid supplier number. ``(2) Revised standards.-- ``(A) In general.--The Secretary shall, by no later than January 1, 1996, in consultation with representatives of suppliers of medical equipment and supplies, carriers, and consumers, revise the national standards for suppliers of medical equipment and supplies to include the requirements listed in subparagraph (B). ``(B) Standards described.--The requirements listed in this subparagraph are that suppliers of medical equipment and supplies shall-- ``(i) comply with all applicable State and Federal licensure and regulatory requirements; ``(ii) maintain a physical facility on an appropriate site; ``(iii) have proof of appropriate liability insurance; and ``(iv) meet such other requirements as the Secretary may specify. ``(C) Applicability of revised standards.-- Beginning after December 31, 1995, each supplier of medical equipment and supplies applying for a supplier number or renewing such supplier's supplier number shall meet the revised standards described in this paragraph.''. (c) Certificates of Medical Necessity.-- (1) In general.--Section 1834 (42 U.S.C. 1395m), as amended by subsection (b), is amended-- (A) in subsection (a), by striking paragraph (16), and (B) by adding at the end the following new subsection: ``(j) Certificates of Medical Necessity.-- ``(1) Standardized certificates.--Not later than July 1, 1994, the Secretary shall, in consultation with carriers under this part, develop one or more standardized certificates of medical necessity (as defined in paragraph (3)) for medical equipment and supplies (as defined in section 1861(oo) other than paragraphs (4), (6), and (7)). If a certificate of medical necessity is required by the Secretary, such standardized certificates shall-- ``(A) be completed by each physician who prescribes such medical equipment and supplies for any beneficiary under this part, and ``(B) be transmitted to the supplier and then to the carrier processing the claim for payment for such medical equipment and supplies under this part. ``(2) Prohibition against distribution by suppliers of certificates of medical necessity.-- ``(A) In general.--Except as provided in subparagraph (B), a supplier of medical equipment and supplies described in paragraph (1) may not distribute to physicians or to individuals entitled to benefits under this part for commercial purposes any completed or partially completed certificates of medical necessity. ``(B) Exception for certain billing information.-- Subparagraph (A) shall not apply with respect to a certificate of medical necessity to the extent that such certificate contains only information completed by the supplier of medical equipment and supplies identifying such supplier and the beneficiary to whom such medical equipment and supplies are furnished, a description of such medical equipment and supplies, any product code identifying such medical equipment and supplies, and any other administrative information identified by the Secretary. In the event a supplier provides a certificate of medical necessity containing information permitted under this subparagraph, such certificate shall also contain the supplier's charge and the fee schedule amount for the medical equipment or supplies being furnished prior to distribution of such certificate to the physician. ``(C) Penalty.--Any supplier of medical equipment and supplies who knowingly and willfully distributes a certificate of medical necessity in violation of subparagraph (A) is subject to a civil money penalty in an amount not to exceed $1,000 for each such certificate of medical necessity so distributed. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to civil money penalties under this subparagraph in the same manner as they apply to a penalty or proceeding under section 1128A(a). ``(3) Definition.--For purposes of this subsection, the term `certificate of medical necessity' means a form or other document containing information required by the Secretary to be submitted to show that a covered item is reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to certificates of medical necessity on or after January 1, 1994. (d) Coverage and Review Criteria for Certain Medical Equipment and Supplies.--Section 1834 (42 U.S.C. 1395m), as amended by subsection (c), is amended by adding at the end the following new subsection: ``(k) Coverage and Review Criteria.-- ``(1) Development and establishment.--Not later than July 1, 1994, the Secretary, in consultation with representatives of suppliers of medical equipment and supplies (as defined in section 1861(oo) other than paragraphs (4), (6), and (7)), individuals enrolled under this part, and appropriate medical specialty societies, shall develop and establish uniform national coverage and utilization review criteria for 200 items of medical equipment and supplies (as so defined) selected in accordance with the standards described in paragraph (2). The Secretary shall publish the criteria as part of the instructions provided to fiscal intermediaries and carriers under this part and no further publication, including publication in the Federal Register, shall be required. ``(2) Standards for selecting items subject to criteria.-- The Secretary may select an item for coverage under the criteria developed and established under paragraph (1) if the Secretary finds that-- ``(A) the item is frequently purchased or rented by beneficiaries; ``(B) the item is frequently subject to a determination that such item is not medically necessary; or ``(C) the coverage or utilization criteria applied to the item (as of the date of the enactment of this subsection) is not consistent among carriers. ``(3) Annual review and expansion of items subject to criteria.--The Secretary shall annually review the coverage and utilization of items of medical equipment and supplies to determine whether items not included among the items selected under paragraph (1) should be made subject to uniform national coverage and utilization review criteria, and, if appropriate, shall develop and apply such criteria to such additional items. ``(4) Report on effect of uniform criteria on utilization of items.--Not later than January 1, 1995, the Secretary shall submit a report to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate analyzing the impact of the uniform criteria established under paragraph (1) on the utilization of items of medical equipment and supplies by individuals enrolled under this part.''. (e) Prohibition Against Multiple Supplier Numbers.-- (1) In general.--Section 1834 (42 U.S.C. 1395m), as amended by subsection (d), is amended by adding at the end the following new subsection: ``(l) Prohibition Against Multiple Supplier Numbers for Suppliers of Medical Equipment and Supplies.--The Secretary may not issue more than one supplier number to any supplier of medical equipment and supplies (as defined in section 1861(oo)) unless the issuance of more than one number is appropriate to identify subsidiary or regional entities under the supplier's ownership or control.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to items furnished on or after July 1, 1994. (f) Definition of Inducements as Kickbacks Clarified.-- (1) In general.--Section 1128B(b)(3)(B) (42 U.S.C. 1320a- 7b(b)(3)(B)) is amended by inserting before the semicolon ``(except that in the case of a contract supply arrangement between a skilled nursing facility and a supplier of medical supplies and equipment (as defined in section 1861(oo) other than paragraphs (4), (6), and (7)), such employment shall not be considered bona fide to the extent that it includes tasks of a clerical and cataloging nature in transmitting to suppliers assignment rights of individuals eligible for benefits under part B of title XVIII, or performance of warehousing or stock inventory functions)''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to services furnished on or after January 1, 1994. (g) Limitation on Beneficiary Liability.-- (1) In general.--Section 1879 (42 U.S.C. 1395pp) is amended by adding at the end the following new subsection: ``(h) If a supplier of medical equipment and supplies (as defined in section 1861(oo))-- ``(1) furnishes an item or service to a beneficiary for which no payment may be made by reason of section 1834(i); ``(2) furnishes an item or service to a beneficiary for which payment is denied in advance under section 1834(a)(15); ``(3) is excluded from participation under this title; or ``(4) furnishes an item or service to a beneficiary for which payment is denied under section 1862(a)(1); any expenses incurred for items and services furnished to an individual by such a supplier on an unassigned basis shall be the responsibility of such supplier. The individual shall have no financial responsibility for such expenses and the supplier shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items or services, unless the supplier informs the individual in advance that payment under this part will not be made for the item or services and the individual agrees to pay for the item or service.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to items or services furnished on or after July 1, 1994. (h) Treatment of Nebulizers and Aspirators as Miscellaneous Items of Durable Medical Equipment.-- (1) In general.--Section 1834(a)(3)(A) (42 U.S.C. 1395m(a)(3)(A)) is amended by striking ``ventilators, aspirators, IPPB machines, and nebulizers'' and inserting ``ventilators and IPPB machines''. (2) Payment for supplies relating to nebulizers and aspirators.--Section 1834(a)(7)(A) (42 U.S.C. 1395m(a)(7)(A)) is amended by striking ``and'' at the end of clause (v), by striking the period at the end of clause (vi) and inserting ``; and'', and by inserting after clause (vi) the following new clause: ``(vii) In the case of supplies to be used in conjunction with a nebulizer or aspirator for which payment is made under this paragraph, payment shall be in accordance with paragraph (2) of this subsection.''. (3) Effective date.--The amendments made by this subsection shall apply to items furnished on or after January 1, 1994. (i) Payment for Ostomy Supplies, Tracheostomy Supplies, Urologicals, Surgical Dressings, and Other Medical Supplies.-- (1) In general.--Section 1834(h)(1) (42 U.S.C. 1395m(h)(1)) is amended by adding at the end the following new subparagraph: ``(E) Exception for certain items.--Payment for ostomy supplies, tracheostomy supplies, urologicals, surgical dressings, and other medical supplies shall be made in accordance with subparagraphs (B) and (C) of section 1834(a)(2) (except that in the case of surgical dressings, the national limited payment amount shall be computed based on local payment amounts using average reasonable charges for the six-month period ending June 30, 1993, increased by the covered item update for 1994).''. (2) Effective dates.-- (A) In general.--Except as provided in subparagraph (B), the amendment made by paragraph (1) shall apply with respect to items furnished on or after January 1, 1994. (B) Surgical dressings and other medical supplies.--The amendment made by paragraph (1) with respect to surgical dressings and other medical supplies shall apply to items supplied on or after July 1, 1994. (j) Freeze in Reasonable Charges for Parenteral and Enteral Nutrients, Supplies, and Equipment During 1994.--In determining the amount of payment under part B of title XVIII of the Social Security Act during 1994, the charges determined to be reasonable with respect to parenteral and enteral nutrients, supplies, and equipment may not exceed the charges determined to be reasonable with respect to such nutrients, supplies, and equipment during 1993. (k) Studies.-- (1) Supplies and services in nursing facilities.--The Comptroller General of the United States shall conduct a study and report to the Congress no later than January 1, 1995, on the types, volume, and utilization of services and supplies furnished under contract or under arrangement with suppliers to individuals eligible for benefits under title XVIII of the Social Security Act residing in skilled nursing facilities and nursing facilities. (2) Descriptions relating to certain codes.--The Comptroller General of the United States shall conduct a study beginning no earlier than July 1, 1994, and report to the Congress no later than January 1, 1995, on-- (A) whether changes made by the Department of Health and Human Services to the descriptions relating to the codes for medical equipment and supplies (as defined in section 1861(oo) of the Social Security Act other than paragraphs (4), (6), and (7))-- (i) accurately reflect the items being furnished under such codes, and (ii) are sufficiently explicit to distinguish between items of varying quality and price, and (B) recommendations for additional changes that would improve the descriptions relating to the codes for such items. S 516 IS----2

Summary: Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise procedures under Medicare part B (Supplementary Medical Insurance) with regard to durable medical equipment, including requirements for: (1) national standards and supplier numbers for suppliers of medical equipment and supplies; (2) standardized certificates of medical necessity and uniform national coverage and utilization review criteria for certain medical equipment and supplies; (3) limited Medicare beneficiary liability for items and services for which payment is prohibited by reason of a supplier's failure to meet such national standards or lack of a valid supplier number; (4) the treatment of nebulizers and aspirators as miscellaneous items of durable medical equipment; and (5) payment of ostomy supplies, tracheostomy supplies, urologicals, surgical dressings, and other medical supplies. Amends SSA title XI to modify anti-kickback provisions. Provides for a freeze under Medicare part B in reasonable charges for parenteral and enteral nutrients, supplies, and equipment during 1994. Requires the Comptroller General to study and report to the Congress on: (1) services and supplies furnished to Medicare-eligible nursing facility residents; and (2) changes made to descriptions relating to codes for medical equipment and supplies.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fusion Energy Research Authorization Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) by the year 2050, the world will need to supply between 2 and 3 times as much energy as is presently produced to meet minimum requirements for food, shelter, transportation, and economic security; (2) meeting the increased energy demands of the year 2050 cannot be achieved without substantial environmental degradation unless there is a massive shift from dependence on the fossil fuels which today provide more than three-quarters of all energy supply; (3) a wide variety of nonfossil fuel energy technologies must be developed to meet the expected demand of the year 2050; (4) the Federal Government has a responsibility to fund research in energy technologies to help meet future expected energy demand where the technical or economic risks of developing such technologies are too high to be borne solely by the private sector; (5) despite the urgent need to develop a wide variety of nonfossil fuel energy technologies, the Federal Government's investment in all energy supply research and development (including fossil fuels) has declined in real terms by more than two-thirds in the last 14 years; (6) fusion energy is one of the nonfossil fuel technologies which could potentially provide safe, abundant, environmentally sound, secure, and affordable energy supplies in the future; (7) in the last 16 years, fusion energy researchers have made significant progress toward realizing magnetic fusion as a viable source of energy, increasing power production from test reactors more than a million-fold over that time period; (8) while significant engineering, technical, and scientific challenges remain to make fusion energy commercially viable, limited funding remains the primary constraint to more rapid progress; (9) the technical risks and the long time scale needed to demonstrate the commercial viability of fusion energy will likely require a stable, predictable, and sustained investment of government funding for decades to come; (10) while magnetic fusion is the leading fusion technology, research on alternative fusion concepts should continue to be supported; (11) opportunities to participate in international fusion experiments can dramatically lower the cost to the Federal Government of fusion energy research; (12) the United States must demonstrate that it is a credible partner in international scientific programs by being able to make and keep long-term commitments to funding and participation; and (13) the United States should commit to participating in the siting, construction, and operation of ITER as soon as practicable. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) provide direction and authorize appropriations for a broadly based fusion energy research program at the Department of Energy which includes development of the magnetic fusion program and research on alternative fusion concepts; (2) provide an accelerated commitment to United States participation in ITER and provide authorization of appropriations for such activity contingent on meeting program milestones; (3) provide for the selection of a host country and establish a site selection process for ITER; and (4) provide a stable basis of funding for multi-year fusion energy research facility construction commitments through the establishment of a trust fund. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``alternative fusion concepts'' means any concepts for the production of energy based on the fusing of atomic nuclei other than toroidal magnetic fusion concepts, including heavy ion inertial fusion, aneutronic fusion, and electrostatic fusion; (2) the term ``Department'' means the Department of Energy; (3) the term ``Fusion Energy Research Program'' means the program described in section 5; (4) the term ``international partners'' means the United States, the European Atomic Energy Community, Japan, and the Russian Federation; (5) the term ``ITER'' means the International Thermonuclear Experimental Reactor; (6) the term ``magnetic fusion'' means fusion based on toroidal confinement concepts; (7) the term ``Secretary'' means the Secretary of Energy; and (8) the term ``Tokamak Physics Experiment'' means a facility to replace the Tokamak Fusion Test Reactor which is designed to be capable of conducting experiments on reactions with a pulse length of at least 15 minutes and demonstrating a more compact and efficient magnetic fusion reactor design. SEC. 5. FUSION ENERGY RESEARCH PROGRAM. (a) Fusion Program.--The Secretary shall carry out in accordance with the provisions of this Act a Fusion Energy Research Program, including research, development, and demonstration to demonstrate the technical and economic feasibility of producing safe, environmentally sound, and affordable energy from fusion. (b) Program Goals.--The goal of the Fusion Energy Research Program is to demonstrate by the year 2010 the practicability of commercial electric power production and to lead to commercial production of fusion energy by the year 2040. (c) Program Elements.--The Fusion Energy Research Program shall consist of the following elements: (1) Research, development, and demonstration on magnetic fusion energy technology, including-- (A) research on plasma physics and control, confinement, ignition, and burning; (B) the design, construction, and operation of experimental fusion reactors, including the Tokamak Physics Experiment, and the development of special materials for such reactors, the facilities to develop such materials, and the development of components which support the operation of such reactors, such as diagnostic and remote maintenance equipment; and (C) participation by the United States industrial sector in the design and construction of fusion reactors, and cooperation with utilities. (2) Research, development, and demonstration of alternative fusion concepts, to be administered through an Assistant Director for Alternative Fusion Research, including research and development needed to build and test an Induction Linac Systems Experiment for the purpose of developing heavy ion inertial fusion energy. (3) Participation in the design, construction, and operation of ITER with the goal of ITER becoming operational by the year 2005. SEC. 6. INDEPENDENT REVIEW OF FUSION TECHNOLOGIES. Within 6 months after the date of enactment of this Act, the Secretary shall contract with the National Academy of Sciences to conduct a study which examines the various magnetic fusion technologies and alternative fusion concepts to assess their current state of development, evaluates the potential of such technologies and concepts to become commercially viable sources of energy in the future, and identifies the research and development goals and priorities, and the range of probable costs and time scales, needed to achieve commercial viability. SEC. 7. ITER SITE SELECTION PROCESS. (a) ITER Study and Report.--Within 120 days after the date of enactment of this Act, the Secretary shall submit to Congress a study which compares the technical and scientific advantages and disadvantages and the economic costs and benefits to the United States of siting ITER in the United States with siting ITER outside of the United States. Such study shall include the consideration of the impact on employment of constructing ITER in the United States, the effect of manufacturing major ITER subsystems (such as superconducting magnets) in the United States, and the effect of siting ITER in the United States on United States funding requirements for participation in ITER. (b) Host-Country Selection.--The Secretary shall seek to reach an agreement with the international partners which provides for-- (1) the selection of a host country in which to site ITER by October, 1995; (2) the equitable distribution of economic and technological benefits among the international partners, including the construction of ITER and related facilities and the manufacture of major ITER subsystems; (3) substantial United States industry and utility involvement in the design, construction, and operation of ITER to ensure United States industry and utility expertise in the technologies developed; and (4) a schedule to complete site-specific design activities by 1998. (c) United States Site Selection.--The Secretary shall-- (1) immediately initiate a process for identifying candidate sites within the United States which meet the site requirements for the construction and operation of ITER; and (2) propose within 90 days after the date of enactment of this Act a process for selection of a site within the United States by June, 1996, if the United States is selected as the host country for ITER pursuant to the international agreement described in subsection (b). (d) Final Cost Estimate.--The Secretary shall provide to Congress within 90 days following the completion of site-specific design activities a detailed estimate of the final projected total cost and cost to the United States of the construction and operation of ITER based on final site-specific engineering and construction designs. SEC. 8. REPORTS AND MISCELLANEOUS PROVISIONS. (a) Contingency Plan.--Within 120 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on the feasibility of conducting a parallel design effort on the Tokamak Physics Experiment to augment the capabilities of the Tokamak Physics Experiment in the event that an international agreement cannot be reached on the site selection or construction of ITER. (b) Program Report.--Within 180 days after the date of enactment of this Act, and biennially thereafter, the Secretary shall prepare and submit to the Congress a report on the Fusion Energy Research Program and the progress it has made in meeting the goals and requirements of this Act. (c) Coordination With Defense Fusion Research Programs.--(1) The Secretary shall, to the maximum extent practicable, coordinate the research and development activities of the civilian Inertial Fusion Energy Program and the defense Inertial Confinement Fusion Program to maximize the benefits to both programs. (2) Within 120 days after the enactment of this Act, the Secretary, in conjunction with the Secretary of Defense, shall submit a report to Congress with recommendations for sharing budget and other resources in order to enhance the civilian energy applications of the defense Inertial Confinement Fusion Program. (d) Repeal.--Section 2114 of the Energy Policy Act of 1992 (Public Law 102-486) is repealed. SEC. 9. UNIVERSITY RADIATION SCIENCE AND TECHNOLOGY PROGRAM. The Secretary shall combine the Nuclear Engineering Research and Education Program, the University Research Reactor Program, and the University Reactor Fuel Assistance Program to form a new University Radiation Science and Technology Program to be included as a separate and distinct part of the University and Science Education Program of the Department. SEC. 10. FUSION ENERGY FACILITY FUND. (a) Establishment of Fees.--The Secretary shall establish a fee, payable by persons who sell electricity for ultimate consumption, at a rate of 0.1 mills per kilowatt hour. (b) Collection.--The Secretary shall establish procedures for the collection of such fees. The Secretary may use the services of any Federal, State, or local agency or instrumentality to collect such fees, and may reimburse such agency or instrumentality a reasonable amount for such services. (c) Use of Funds.--Funds received under this section shall be deposited in a separate account in the Treasury, and shall be used, to the extent provided in advance in appropriation Acts, only for the design, engineering, and construction of ITER, facilities related to ITER (including a materials testing facility and a blanket testing facility) and the Tokamak Physics Experiment. (d) Termination of Fees.--The authority to assess and collect fees under this section shall expire at the earlier of-- (1) the achievement of a balance in the account established under subsection (c) sufficient in the judgment of the Secretary to satisfy the obligations of the United States in the design, engineering, and construction described in subsection (c); or (2) the completion of ITER construction. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Fusion Energy Research Program.--There are authorized to be appropriated to the Secretary for carrying out the Fusion Energy Research Program $380,000,000 for fiscal 1995, $425,000,000 for fiscal year 1996, $475,000,000 for fiscal year 1997, and such sums as may be necessary thereafter. (b) Alternative Fusion Research.--From the sums authorized in subsection (a), there are authorized to be appropriated to the Secretary for carrying out the Alternative Fusion Research Program under section 5(c)(2), $26,000,000 for fiscal year 1995, $31,000,000 for fiscal year 1996, $31,000,000 for fiscal year 1997, and such sums as may be necessary thereafter. (c) Tokamak Physics Experiment.--The total amount to be appropriated for the complete design, development, and construction of the Tokamak Physics Experiment shall not exceed $700,000,000. (d) University Radiation Science and Technology Program.--There are authorized to be appropriated to the Secretary for carrying out the University Radiation Science and Technology Program $25,000,000 for fiscal year 1995, $25,000,000 for fiscal year 1996, $25,000,000 for fiscal year 1997, and such sums as may be necessary thereafter. (e) Construction of ITER.--No funds are authorized for the construction of ITER until the Secretary certifies to the Congress that there is an international agreement that meets the requirements of section 7(b), and until the report required under section 7(d) is provided to Congress. (f) Limitation on Magnetic Fusion Facilities.--No funds are authorized for the design, engineering, or construction of any magnetic fusion facility other than ITER, facilities related to ITER (including a materials testing facility and a blanket testing facility) and the Tokamak Physics Experiment.

Summary: Fusion Energy Research Authorization Act of 1994 - Directs the Secretary of Energy to implement a Fusion Energy Research Program to demonstrate the technical and economic feasibility of producing safe, environmentally sound, and affordable energy from fusion. Prescribes program goals and elements. Directs the Secretary to contract with the National Academy of Sciences to review various magnetic fusion technologies and alternative fusion concepts with respect to their commercial viability. Instructs the Secretary to: (1) submit a comparisons study to the Congress regarding the siting of the International Thermonuclear Experimental Reactor (ITER); (2) seek to reach an agreement with international partners to select a host country for ITER; (3) initiate a process to identify candidate sites for ITER within the United States; and (4) provide within a certain time period a detailed estimate to the Congress of final ITER project costs. Directs the Secretary to submit reports to the Congress on: (1) a parallel design effort on the Tokamak Physics Experiment; (2) the Fusion Energy Research Program; and (3) resource sharing with the Secretary of Defense to enhance the civilian energy applications of the Defense Inertial Confinement Fusion Program. Repeals the five-year fusion energy program established under the Energy Policy Act of 1992. Directs the Secretary to form a new University Radiation Science and Technology Program comprised of: (1) the Nuclear Engineering Research and Education Program; (2) the University Research Reactor Program; and (3) the University Reactor Fuel Assistance Program. Directs the Secretary to establish a fee collection program for certain ITER purposes and the Tokamak Physics Experiment. Authorizes appropriations for: (1) the Alternative Fusion Research Program; (2) the Tokamak Physics Experiment; and (3) the University Radiation Science and Technology Program. Sets limitations upon funding for ITER construction and for magnetic fusion facilities.