SECTION 1. SHORT TITLE. This Act may be cited as the ``King Holiday and Service Act of 1993''. SEC. 2. MARTIN LUTHER KING, JR. FEDERAL HOLIDAY COMMISSION. The Act entitled ``An Act to establish a commission to assist in the first observance of the Federal legal holiday honoring Martin Luther King, Jr.'', approved August 27, 1984 (36 U.S.C. 169j et seq.; Public Law 98-399; 98 Stat. 1473) is amended-- (1) in section 3(1) by inserting ``including service opportunities'' after ``activities''; (2) in section 4 by adding at the end thereof the following new subsections: ``(e)(1) No less than 3 of the members appointed to the Commission under the provisions of subsection (a)(6) shall be under the age of 29 years on the date of such appointment. ``(2) The requirement under paragraph (1) shall apply with regard to appointments made during fiscal year 1994 and each fiscal year thereafter. ``(f) The Chairperson of the Board of the Commission on National and Community Service established under section 190 of the National and Community Service Act of 1990 (42 U.S.C. 12651) shall be an ex officio member of the Martin Luther King, Jr. Federal Holiday Commission. Such ex officio member shall be a voting member.''; (3) in section 6(a) by striking out ``grade GS-18 of the General Schedule under section 5332'' and inserting in lieu thereof ``a position above GS-15 of the General Schedule under section 5108''; (4) in section 7 by striking out ``$300,000 for fiscal year 1989 and each of the 4 succeeding fiscal years.'' and inserting in lieu thereof ``$300,000 for each of fiscal years 1994 and 1995 and such funds as may be necessary for each of fiscal years 1996 and 1997.''; (5) in section 8 by inserting after ``under this Act'' the following: ``or under section 168 of the National and Community Service Act of 1990''; and (6) in section 9 by striking out ``April 20, 1994'' and inserting in lieu thereof ``until terminated by law''. SEC. 3. NATIONAL SERVICE DAY. Part IV of subtitle E of title I of the National and Community Service Act of 1990 (42 U.S.C. 12621 et seq.) is amended by adding at the end thereof the following: ``SEC. 168. NATIONAL SERVICE DAY. ``(a) Grants.--The Commission may make grants under section 102 to eligible entities to pay for the Federal share of the cost of planning and carrying out service opportunities on the Federal legal holiday honoring the birthday of Martin Luther King, Jr. ``(b) Eligible Entities.--To be eligible to receive a grant under subsection (a), an entity shall be a State, community, institution of higher education, local educational agency, State educational agency, a private industry council established under section 102 of the Job Training Partnership Act (29 U.S.C. 1512), or a community-based agency. ``(c) Application.--To be eligible to receive a grant under subsection (a), an entity shall submit an application at such time, in such manner, and containing such information as the Commission may require. ``(d) Consideration of Applications.-- ``(1) Consultation.--In making grants under subsection (a), the Commission shall consult with the Martin Luther King, Jr. Federal Holiday Commission. ``(2) Recommendations.--The Martin Luther King, Jr. Federal Holiday Commission shall review the applications submitted under subsection (c) and make recommendations with respect to the entities that shall be eligible to receive a grant under subsection (a). ``(3) Selection.--The Commission shall not make a grant under subsection (a) to an entity unless the Martin Luther King, Jr. Federal Holiday Commission has recommended that the entity be eligible to receive such a grant. ``(e) Federal Share.-- ``(1) In general.--The Federal share of the cost of planning and carrying out the activities described in subsection (a) shall be 30 percent. ``(2) Calculation.--The State and local share of such cost may be in cash or in kind, fairly evaluated, including facilities, equipment, or services.''. (b) Definition.--Section 101(23) of such Act (42 U.S.C. 12511(23)) is amended by striking out ``students or out-of-school youth'' and inserting in lieu thereof ``participants or volunteers in programs under this Act''. (c) Report.--Section 172(b)(2) of such Act (42 U.S.C. 12632(b)(2)) is amended by adding at the end thereof the following: ``Each such report shall also contain an evaluation, conducted under section 179, of the service opportunities carried out under section 168.''. (d) Ex Officio Member.--Section 190(b)(1)(B) of such Act (42 U.S.C. 12651(b)(1)(B)) is amended by striking out ``and the Director of the ACTION agency'' and inserting in lieu thereof ``the Director of the ACTION Agency, and the chairperson of the Martin Luther King, Jr. Federal Holiday Commission''. (e) Authorization of Appropriations.--Section 501(a) of such Act (42 U.S.C. 12681(a)) is amended-- (1) in paragraph (1)(A), by striking out the period and inserting in lieu thereof ``and such sums as may be necessary for each of the fiscal years 1994 through 1999.''; and (2) in paragraph (2)-- (A) at the end of subparagraph (C), by striking out ``and''; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: ``(D) $300,000 shall be available to carry out section 168; and''. (f) Table of Contents.--Section 1(b) of such Act (42 U.S.C. 12401 note) is amended by inserting after the item relating to section 167 the following: ``Sec. 168. National service day.''.

Summary: King Holiday and Service Act of 1993 - Amends Federal law to: (1) authorize appropriations for the Martin Luther King, Jr. Federal Holiday Commission; (2) extend the Commission; and (3) revise its membership. Amends the National and Community Service Act of 1990 to authorize the Commission to make grants to eligible entities to carry out service opportunities on Martin Luther King, Jr.'s birthday. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Equality Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1997, Congress enacted the Adoption and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115), clearly stating that a child's health and safety are paramount, and that each child deserves a permanent home. (2) The Adoption and Safe Families Act of 1997 provides incentives for adoptions, and for fiscal year 2005, States placed nearly 52,000 children from State care. (3) In 2003, the Adoption Promotion Act (Public Law 108- 145, 117 Stat. 1879), which reauthorized the incentive program, gave greater emphasis on moving older children into permanency. (4) Despite the increase in adoptions, in 2005, more than 115,000 children in foster care were waiting to be adopted. (5) Some States have chosen to limit services provided to special needs adopted children who are not eligible for adoption assistance under part E of title IV of the Social Security Act, in effect discriminating against a child whose parental rights have been terminated by basing the child's eligibility for such assistance on the financial status of adults who are no longer the child's legal parents. (6) These children have many special needs and require Federal financial assistance and support to start the physical and emotional healing after what may have been past years of abuse and neglect. SEC. 3. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS. (a) In General.--Section 473(a)(2) of the Social Security Act (42 U.S.C. 673(a)(2)) is amended to read as follows: ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if the child-- ``(i)(I) at the time of termination of parental rights, was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State, that continuation in the home would be contrary to the safety or welfare of the child; ``(II) meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; or ``(III) was residing in a foster family home or child care institution with a minor parent of the child pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State, that continuation in the home would be contrary to the safety or welfare of the child; and ``(ii) has been determined by the State, pursuant to subsection (c), to be a child with special needs, which needs shall be considered by the State, together with the circumstances of the adopting parents, in determining the amount of any payments to be made to the adoptive parents. ``(B) Notwithstanding any other provision of law, and except as provided in paragraph (7), a child who is not a citizen or resident of the United States, who is lawfully present in the United States, and who meets the requirements of subparagraph (A) shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii). ``(C) A child who meets the requirements of subparagraph (A) of this paragraph, who was determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated, or because the child's adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).''. (b) Exception.--Section 473(a) of such Act (42 U.S.C. 673(a)) is amended by adding at the end the following: ``(7)(A) Notwithstanding any other provision of this subsection, a State shall not make a payment pursuant to this section to parents with respect to a child considered by a State to be a special needs child if the child-- ``(i) is not a citizen or resident of the United States; and ``(ii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. ``(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for a child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of the child by the parents described in such subparagraph.''. (c) Determination of a Child With Special Needs.--Section 473(c)(1) of such Act (42 U.S.C. 673(c)(1)) is amended to read as follows: ``(1)(A) the State has determined, pursuant to criteria established by the State, that the child cannot or should not be returned to the home of his or her parents; or ``(B) the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and''. SEC. 4. SENSE OF THE CONGRESS. It is the sense of the Congress that the States should reinvest in child welfare programs any savings resulting from the implementation of the amendments made by this Act. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on October 1, 2008, and shall apply with respect to adoption assistance agreements entered into, and to payments under part E of title IV of the Social Security Act for calendar quarters beginning, on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Delay Permitted if State Legislation Required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Summary: Adoption Equality Act of 2007 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise requirements for children with special needs in the adoption assistance program. Requires that the child be in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, where the state has determined that continuation in the home would be contrary to the child's safety or welfare. Specifies related requirements. Prohibits adoption assistance to parents with respect to a child who is not a U.S. citizen or resident, and who was adopted outside of the United States or brought into the United States for the purposes of being adopted. Expresses the sense of the Congress that the states should reinvest in child welfare programs any savings resulting from the implementation of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Establishing Beneficiary Equity in the Hospital Readmission Program Act of 2015''. SEC. 2. ESTABLISHING BENEFICIARY EQUITY IN THE MEDICARE HOSPITAL READMISSION PROGRAM. (a) Transitional Adjustment for Dual Eligible Population and Socioeconomic Status.--Section 1886(q)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(q)(4)(C)) is amended by adding at the end the following new clause: ``(iii) Transitional adjustment for dual eligible population and socioeconomic status.-- ``(I) In general.--In determining a hospital's excess readmission ratio under clause (i) for purposes of making payments for discharges occurring during fiscal years 2016 and 2017, and before the initial application of clause (iv), and in order to ensure that hospitals that treat the most vulnerable populations are not unfairly penalized by the program under this subsection, the Secretary shall provide for such risk adjustment as will take into account both a hospital's proportion of inpatients who are full- benefit dual eligible individuals (as defined in section 1935(c)(6)) and the socioeconomic status of the patients served by the hospital. ``(II) Quantitative method.--For purposes of applying subclause (I)(bb), the Secretary, to the maximum extent practicable, shall utilize the most recent data available from the Bureau of the Census in order to develop a quantitative method to adjust for socioeconomic status. In developing such quantitative method, the Secretary-- ``(aa) shall, to the maximum extent practicable, use inputs that address at least income, education level, or poverty rate; and ``(bb) may include inputs that address other socioeconomic and sociodemographic factors determined appropriate by the Secretary. ``(III) Patients served by the hospital.--For purposes of subclause (I)(bb), the Secretary shall, to the maximum extent practicable, measure the socioeconomic status for all patients served by each hospital. The Secretary may supplement incomplete or inaccessible patient-level data with data related to the geographic region of the patients served by the hospital. ``(IV) Minimizing reporting burden on hospitals.--In carrying out this clause, the Secretary shall not impose any additional reporting requirements on hospitals.''. (b) Subsequent Adjustments Based on IMPACT and MedPAC Reports.-- Section 1886(q)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(q)(4)(C)) is further amended by adding at the end the following new clause: ``(iv) Risk adjustments under readmission program based on impact and medpac reports.--In making recommendations under subparagraph (D) of section 2(d)(1) of the IMPACT Act of 2014 (Public Law 113-185; 42 U.S.C. 1395lll note) with respect to the application of risk adjustment under this subsection, the Secretary is required to base such risk adjustment on the reports submitted under subparagraphs (A)(ii) and (B)(ii) of such section as well as on the report submitted by the Medicare Payment Advisory Commission under section 2(c) of the Establishing Beneficiary Equity in the Hospital Readmission Program Act of 2015. The Administrator of the Centers for Medicare & Medicaid Services shall incorporate such recommendations in carrying out risk adjustment under this subsection for discharges occurring in fiscal years after fiscal year 2017 in order to ensure that hospitals that treat the most vulnerable populations are not unfairly penalized by the program under this subsection. For fiscal years beginning more than 5 years after the date of submission of the report under section 2(d)(1)(B)(ii) of the IMPACT Act of 2014, the Secretary may use alternative adjustment mechanisms under this subsection to account for socioeconomic factors if the Secretary finds that such measures are better at accounting for socioeconomic factors than the mechanisms that would otherwise apply.''. (c) MedPAC Study on 30-Day Readmission Threshold.--The Medicare Payment Advisory Commission shall conduct a study on the appropriateness of using a threshold of 30 days for readmissions under section 1886(q)(5)(E) of the Social Security Act (42 U.S.C. 1395ww(q)(5)(E)). The Commission shall submit to Congress a report on such study in its report to Congress in June 2016. (d) Addressing Issue of Noncompliant Patients.--Section 1886(q)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(q)(4)(C)), as amended by subsections (b) and (c), is further amended by adding at the end the following new clause: ``(v) Consideration of exclusion of noncompliant patient cases based on v or other appropriate codes.--In promulgating regulations to carry out this subsection for the applicable period with respect to fiscal year 2017, the Secretary shall consider the use of V or other ICD-related codes for potential exclusions of cases in order to address the issue of noncompliant patients.''. (e) Excluding Certain Clinical Conditions.-- (1) Study.-- (A) In general.--The Secretary of Health and Human Services shall conduct a study, consistent with this paragraph, that assesses and makes recommendations with respect to excluding patients whose clinical conditions or diagnoses may require frequent hospitalizations, from the calculation of excess readmissions under section 1886(q)(5)(E) of the Social Security Act (42 U.S.C. 1395ww(q)(5)(E)). (B) Use of a technical expert panel.--The Secretary shall convene a multi-stakeholder technical expert panel comprised of individuals knowledgeable about clinical care of hospitalized patients and quality measurement, to provide input and recommendations on the study conducted under this paragraph. (C) Clinical conditions to be considered.--In conducting the study, the Secretary shall consider exclusions for patients with transplants, burns, psychosis, and substance abuse disorders. The Secretary may include additional clinical conditions where appropriate care may require frequent hospitalizations. (D) Transparency.--The Secretary shall make a draft of report on such study available for public comment for a period of not less than 30 days. The final study and recommendations shall address the Secretary's response to public comments. (E) Deadline.--The Secretary shall submit a final report on the study to Congress no later than Oct. 1, 2016. Such final report shall include recommendations regarding the relevant clinical conditions that should be excluded from the calculation of excess readmissions described in subparagraph (A). (2) Application to calculation of excess readmissions.-- Beginning with fiscal year 2018, the Secretary shall exclude any relevant clinical conditions identified in the recommendations made in the final report under paragraph (1)(E) in determining a hospital's publicly reported readmission rate and excess readmissions ratio under section 1886(q)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(q)(4)(C)). The Secretary also is encouraged to consider applying the exclusions so identified to other Medicare public reporting and pay-for-performance programs in which readmission measures are used. (f) Budget Neutral Implementation.--The Secretary of Health and Human Services shall make such payment adjustment to subsection (d) hospitals under the inpatient prospective payment system under section 1886 of the Social Security Act (42 U.S.C. 1395ww) as may be necessary to ensure that the implementation of the this section (including the amendments made by this section) does not result in an increase in aggregate expenditures under such section 1886.

Summary: Establishing Beneficiary Equity in the Hospital Readmission Program Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act (SSAct) with respect to the hospital readmissions reduction program under the inpatient (hospital) prospective payment system (IPPS). The Secretary of Health and Human Services, in determining a hospital's excess readmission ratio for purposes of making payments for discharges occurring during FY2016-FY2017, is required to make a risk adjustment to the ratio that takes into account both: (1) a hospital's proportion of inpatients who are full-benefit dual eligible individuals (eligible for both Medicare and Medicaid under SSAct title XIX), and (2) the socioeconomic status of patients served by the hospital. The Secretary must base the risk adjustment under the readmission program for subsequent fiscal years on specified reports required by the Improving Medicare Post Acute Care Transformation Act of 2014 as well as a report the Medicare Payment Advisory Commission shall submit on the appropriateness of using a threshold of 30 days for readmissions under the program. The Administrator of the Centers for Medicare & Medicaid Services must then incorporate report recommendations in carrying out risk adjustments for discharges occurring in such fiscal years in order to ensure that the most vulnerable populations are not unfairly penalized by the program. The Secretary shall consider the use of V or other International Classification of Diseases-related codes for potential exclusion of noncompliant patient cases when promulgating related regulations for FY2017. The Secretary must: (1) assess whether to exclude from the calculation of excess readmissions any patients whose clinical conditions or diagnoses may require frequent hospitalizations; then (2) exclude, starting in FY2018, any relevant clinical conditions identified in the assessment recommendations when determining a hospital's publicly reported readmission rate and excess readmissions ratio. The Secretary is directed to make a payment adjustment to subsection (d) hospitals necessary to ensure that the implementation of this Act does not result in any increase in aggregate expenditures under the IPPS. (Generally, a subsection (d) hospital is an acute care hospital, particularly one that receives payment under the IPPS when providing covered inpatient services to eligible beneficiaries.)


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Narcotics Leadership Act Amendments of 1993''. SEC. 2. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY. Section 1003(c) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502(c)) is amended-- (1) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (2) by inserting after paragraph (4) the following: ``(5) The Director may require the inclusion, in the budget submission to the Office of Management and Budget by any National Drug Control Program agency, of funding requests for specific initiatives that are consistent with the President's priorities for the National Drug Control Strategy and certifications made pursuant to paragraph (3).''. SEC. 3. REPORT ON REPROGRAMMING; OFFICE PERSONNEL RESTRICTION. (a) Report on Reprogramming.--Section 1003(c)(7) of the National Narcotics Leadership Act of 1988, as redesignated by section 2(1) of this Act, is amended to read as follows: ``(7) The Director shall report to the Congress on a quarterly basis regarding the need for any reprogramming or transfer of appropriated funds in an amount greater than $5,000,000 for National Drug Control Program activities.''. (b) Office Personnel Restriction.--Section 1003 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is amended by adding at the end the following: ``(f) Prohibition on Political Campaigning.--A Federal officer in the Office of National Drug Control Policy who is appointed by the President, by and with the advice and consent of the Senate, may not participate in Federal election campaign activities, except that such an official is not prohibited by this subsection from making contributions to individual candidates.''. SEC. 4. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES. Section 1005(a) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)) is amended-- (1) in paragraph (2)(A) by inserting ``and the consequences of drug abuse'' after ``drug abuse''; and (2) by amending paragraph (4) to read as follows: ``(4) The Director shall include with each National Drug Control Strategy an evaluation of the effectiveness of Federal drug control during the preceding year. The evaluation shall include an assessment of Federal drug control efforts, including-- ``(A) assessment of the reduction of drug use, including estimates of drug prevalence and frequency of use as measured by national, State, and local surveys of illicit drug use and by other special studies of-- ``(i) high-risk populations, including school dropouts, the homeless and transient, arrestees, parolees, and probationers, and juvenile delinquents; and ``(ii) drug use in the workplace and the productivity lost by such use; ``(B) assessment of the reduction of drug availability, as measured by-- ``(i) the quantities of cocaine, heroin, and marijuana available for consumption in the United States; ``(ii) the amount of cocaine and heroin entering the United States; ``(iii) the number of hectares of poppy and coca cultivated and destroyed; ``(iv) the number of metric tons of heroin and cocaine seized; ``(v) the number of cocaine processing labs destroyed; ``(vi) changes in the price and purity of heroin and cocaine; ``(vii) the amount and type of controlled substances diverted from legitimate retail and wholesale sources; and ``(viii) the effectiveness of Federal technology programs at improving drug detection capabilities at United States ports of entry; ``(C) assessment of the reduction of the consequences of drug use and availability, which shall include estimation of-- ``(i) burdens drug users placed on hospital emergency rooms in the United States, such as the quantity of drug-related services provided; ``(ii) the annual national health care costs of drug use, including costs associated with people becoming infected with the human immunodeficiency virus and other communicable diseases as a result of drug use; ``(iii) the extent of drug-related crime and criminal activity; and ``(iv) the contribution of drugs to the underground economy, as measured by the retail value of drugs sold in the United States; and ``(D) determination of the status of drug treatment in the United States, by assessing-- ``(i) public and private treatment capacity within each State, including information on the number of treatment slots available in relation to the number actually used, including data on intravenous drug users and pregnant women; ``(ii) the extent, within each State, to which treatment is available, on demand, to intravenous drug users and pregnant women; ``(iii) the number of drug users the Director estimates could benefit from treatment; and ``(iv) the success of drug treatment programs, including an assessment of the effectiveness of the mechanisms in place federally, and within each State, to determine the relative quality of substance abuse treatment programs, the qualifications of treatment personnel, and the mechanism by which patients are admitted to the most appropriate and cost effective treatment setting. ``(5) The Director shall include with the National Drug Control Strategy required to be submitted not later than February 1, 1994, and with every second such strategy submitted thereafter-- ``(A) an assessment of the quality of current drug use measurement instruments and techniques to measure supply reduction and demand reduction activities; ``(B) an assessment of the adequacy of the coverage of existing national drug use measurement instruments and techniques to measure the casual drug user population and groups at-risk for drug use; ``(C) an assessment of the actions the Director shall take to correct any deficiencies and limitations identified pursuant to subparagraphs (A) and (B); and ``(D) identification of the specific factors that restrict the availability of treatment services to those seeking it and proposed administrative or legislative remedies to make treatment available to those individuals. ``(6) Federal agencies responsible for the collection or estimation of drug-related information required by the Director shall cooperate with the Director, to the fullest extent possible, to enable the Director to satisfy the requirements of sections 4 and 5. ``(7) By June 1, 1994, and with each National Drug Control Strategy submitted thereafter, the Director shall report to the President and the Congress on the Director's assessment of drug use and availability in the United States, including an estimate of the effectiveness of interdiction, treatment, prevention, law enforcement, and international programs under the National Drug Control Strategy in effect in the preceding year in reducing drug use and availability.''. SEC. 5. DIRECTOR AS A MEMBER OF THE NATIONAL SECURITY COUNCIL. Section 402(a)(7) of title 50, United States Code, is amended by-- (1) striking ``and'' after the semicolon in paragraph (6); (2) redesignating paragraph (7) as paragraph (8); and (3) inserting after paragraph (6) the following: ``(7) the Director of the Office of National Drug Control Policy; and''. SEC. 6. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER. (a) Drug Abuse Addiction and Rehabilitation Center.--Section 1003A of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a(c)(1)) is amended-- (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) identify and support, through interagency agreements or grants that are subjected to peer review by independent advisory boards, the application of technology to expanding the effectiveness or availability of drug treatment;''. (b) Assistance From the Advanced Research Project Agency.--Section 1003A of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a) is amended by adding at the end the following: ``(f) Assistance and Support to Office of National Drug Control Policy.--The Director of the Advanced Research Project Agency shall, to the fullest extent possible, render assistance and support to the Office of National Drug Control Policy and its Director.''. (c) Repeal and Redesignation.--The National Narcotics Leadership Act of 1988 is amended by-- (1) repealing section 1008 (21 U.S.C. 1505), as in effect on the date of the enactment of this Act; (2) redesignating section 1003A, as amended by subsection (b) of this section, as section 1008; and (3) moving such section, as redesignated, so as to follow section 1007. SEC. 7. PAYING CERTAIN NECESSARY EXPENSES FOR STRATEGY CONSULTATION. Section 1005(a)(3) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)(3)) is amended by adding at the end the following: ``(C) The Director may pay for the necessary and appropriate expenses for assemblages of individuals providing consultation to the Director in developing the National Drug Control Strategy.''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 1011 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1508) is amended by striking ``$3,500,000'' and all that follows through ``years,'' and inserting ``such sums as may be necessary for fiscal year 1994,''. SEC. 9. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY. Section 1009 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1506) is amended by striking ``the date which is 5 years after the date of the enactment of this subtitle'' and inserting ``September 30, 1994''. Passed the House of Representatives November 21, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Summary: National Narcotics Leadership Act Amendments of 1993 - Amends the National Narcotics Leadership Act of 1988 to authorize the Director for National Drug Control Policy to require the budget submission to the Office of Management and Budget by any National Drug Control Program agency to include funding requests for specific initiatives that are consistent with the President's priorities for the National Drug Control Strategy and certifications made regarding the adequacy of such request to implement the objectives of the Strategy for the relevant year. (Sec. 3) Requires the Director to report to the Congress on a quarterly basis regarding the need for any reprogramming or transfer of appropriated funds for Program activities in an amount greater than $5 million. Prohibits a Federal officer in the Office of National Drug Control Policy who is appointed by the President from participating in Federal election campaign activities, except that such an official is not thereby prohibited from making contributions to individual candidates. (Sec. 4) Revises provisions regarding the Strategy to: (1) include long-range goals for reducing the consequences of drug abuse; and (2) require the Director to include an evaluation of the effectiveness of Federal drug control during the preceding year. Specifies that such evaluation shall include an assessment of Federal drug control efforts, including: (1) an assessment of the reduction of drug use, drug availability, and associated consequences (such as the burdens drug users place on hospital emergency rooms); and (2) a determination of the status of U.S. drug treatment. Requires: (1) the Director to include with the Strategy specified information regarding assessment of drug use measurement, identification of factors restricting the availability of treatment, and proposed remedies to make such treatment available and to report to the President and the Congress on drug use and availability in the United States; and (2) Federal agencies responsible for the collection or estimation of drug-related information to cooperate with the Director to satisfy such requirements. (Sec. 5) Designates the Director as a member of the National Security Council. (Sec. 6) Requires: (1) the Director to identify and support, through interagency agreements or grants that are subjected to peer review by independent advisory boards, the application of technology to expanding the effectiveness or availability of drug treatment; and (2) the Director of the Advanced Research Project Agency to assist and support the Office and its Director. Repeals provisions of the Act pertaining to an executive reorganization study. (Sec. 7) Authorizes the Director to pay the expenses for assemblage of individuals providing consultation in developing the Strategy. (Sec. 8) Authorizes appropriations. (Sec. 9) Terminates the Office on September 30, 1994.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlined and Improved Methods at Polling Locations and Early Voting Act'' or the ``SIMPLE Voting Act''. SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING TIMES FOR VOTERS IN FEDERAL ELECTIONS. (a) Requirements for States.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 306 and 307; and (2) by inserting after section 303 the following new sections: ``SEC. 304. EARLY VOTING. ``(a) In General.--Each State shall allow individuals to vote in an election for Federal office on each day occurring during the 15-day period which ends 2 days before the date of the election, in the same manner as voting is allowed on such day. ``(b) Minimum Early Voting Requirements.--Each polling place which allows voting prior to the date of a Federal election pursuant to subsection (a) shall-- ``(1) allow such voting for not less than 10 hours on each day; and ``(2) have uniform hours each day for which such voting occurs. ``(c) Location of Polling Places Near Public Transportation.--To the greatest extent practicable, a State shall ensure that each polling place which allows voting prior to the date of a Federal election pursuant to subsection (a) is located within reasonable walking distance of a stop on a public transportation route. ``(d) Standards.-- ``(1) In general.--The Commission shall issue standards for the administration of voting prior to the date scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. ``(2) Deviation.--The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. ``(e) Effective Date.--This section shall apply with respect to elections held on or after January 1, 2014. ``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS. ``(a) Preventing Unreasonable Waiting Times.-- ``(1) In general.--Each State shall provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure-- ``(A) a fair and equitable waiting time for all voters in the State; and ``(B) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. ``(2) Criteria.--In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State shall take into account the following factors: ``(A) The voting age population. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(D) The number of voters who have registered since the most recent Federal election. ``(E) Census data for the population served by such voting site, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. ``(F) The educational levels and socio-economic factors of the population served by such voting site. ``(G) The needs and numbers of voters with disabilities and voters with limited English proficiency. ``(H) The type of voting systems used. ``(I) The length and complexity of initiatives, referenda, and other questions on the ballot. ``(J) Such other factors as the State considers appropriate. ``(3) Guidelines.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish and publish guidelines to assist States in meeting the requirements of this subsection. ``(4) Rule of construction.--Nothing in this subsection may be construed to authorize a State to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place. ``(b) Development and Implementation of Contingency Plans.-- ``(1) In general.--Each State shall develop, and implement to the greatest extent practicable, a contingency plan under which the State shall provide additional poll workers, machines, ballots, and other equipment and supplies (as the case may be) on the date of the election to any polling place used in an election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, at which waiting times exceed one hour. ``(2) Approval of plan by commission.--The State shall ensure that the contingency plan developed under paragraph (1) is approved by the Commission prior to the date of the election involved, in accordance with such procedures as the Commission may establish. ``(c) Effective Date.--This section shall apply with respect to elections held on or after January 1, 2014.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``sections 301, 302, and 303'' and inserting ``subtitle A of title III''. (c) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 306 and 307; and (2) by inserting after the item relating to section 303 the following new items: ``Sec. 304. Early voting. ``Sec. 305. Preventing unreasonable waiting times for voters.''. SEC. 3. NO EFFECT ON AUTHORITY OF STATE TO PROVIDE FOR LONGER PERIODS OF EARLY VOTING OR GREATER AMOUNT OF RESOURCES AT POLLING PLACES. Nothing in this Act or in any amendment made by this Act may be construed to prohibit a State, with respect to any election for Federal office-- (1) from providing (in an equitable and nondiscriminatory manner) a longer period for early voting than the minimum period required under section 304 of the Help America Vote Act of 2002 (as added by section 2(a)); or (2) from providing (in an equitable and nondiscriminatory manner) a greater number of systems, poll workers, and other election resources at any polling place than the minimum number required under section 305 of such Act (as added by section 2(a)).

Summary: Streamlined and Improved Methods at Polling Locations and Early Voting Act or SIMPLE Voting Act - Amends the Help America Vote Act of 2002 to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending two days before the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place which allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Generic Drug Pricing Fairness Act''. SEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(7) Pharmacy benefits manager transparency requirements.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall provide that the PDP may not enter into a contract with any pharmacy benefits manager (referred to in this paragraph as a `PBM') to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under such plan, unless the PBM adheres to the following criteria when handling personally identifiable utilization and claims data or other sensitive patient data: ``(A) The PBM may not transmit any personally identifiable utilization or claims data, with respect to a plan enrollee, to a pharmacy owned by a PBM if the plan enrollee has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at the PBM-owned pharmacy. ``(B) The PBM may not require that a plan enrollee use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a plan enrollee to encourage the enrollee to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies.''. (b) Regular Update of Prescription Drug Pricing Standard.-- Paragraph (6) of section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended to read as follows: ``(6) Regular update of prescription drug pricing standard.-- ``(A) In general.--If the PDP sponsor of a prescription drug plan uses a standard for reimbursement (as described in subparagraph (B)) of pharmacies based on the cost of a drug, each contract entered into with such sponsor under this part with respect to the plan shall provide that the sponsor shall-- ``(i) update such standard not less frequently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the market price of acquiring the drug; ``(ii) disclose to applicable pharmacies the sources used for making any such update; ``(iii) if the source for such a standard for reimbursement is not publicly available, disclose to the applicable pharmacies all individual drug prices to be so updated in advance of the use of such prices for the reimbursement of claims; and ``(iv) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for such drug. ``(B) Prescription drug pricing standard defined.-- For purposes of subparagraph (A), a standard for reimbursement of a pharmacy is any methodology or formula for varying the pricing of a drug or drugs during the term of the pharmacy reimbursement contract that is based on the cost of the drug involved, including drug pricing references and amounts that are based upon average wholesale price, wholesale average cost, average manufacturer price, average sales price, maximum allowable cost (MAC), or other costs, whether publicly available or not.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2015. SEC. 3. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD UNDER TRICARE RETAIL PHARMACY PROGRAM. Section 1074g(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(3) To the extent practicable, with respect to the TRICARE retail pharmacy program described in subsection (a)(2)(E)(ii), the Secretary shall ensure that a contract entered into with a TRICARE managed care support contractor includes requirements described in section 1860D- 12(b)(6) of the Social Security Act (42 U.S.C. 1395w-112(b)(6)) to ensure the provision of information regarding the pricing standard for prescription drugs.''. SEC. 4. PRESCRIPTION DRUG TRANSPARENCY IN THE FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsections: ``(p) A contract may not be made or a plan approved under this chapter under which a carrier has an agreement with a pharmacy benefits manager (in this subsection referred to as a `PBM') to manage prescription drug coverage or to control the costs of the prescription drug coverage unless the carrier and PBM adhere to the following criteria: ``(1) The PBM may not transmit any personally identifiable utilization or claims data with respect to an individual enrolled under such contract or plan to a pharmacy owned by the PBM if the individual has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at such a pharmacy. ``(2) The PBM may not require that an individual enrolled under such contract or plan use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a plan enrollee to encourage the enrollee to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies. ``(q)(1) If a contract made or plan approved under this chapter provides for a standard for reimbursement (as described in paragraph (2)) with respect to a prescription drug plan, such contract or plan shall provide that the applicable carrier-- ``(A) update such standard not less frequently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the market price of acquiring the drug; ``(B) disclose to applicable pharmacies the sources used for making any such update; ``(C) if the source for such a standard for reimbursement is not publicly available, disclose to the applicable pharmacies all individual drug prices to be so updated in advance of the use of such prices for the reimbursement of claims; and ``(D) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for such drug. ``(2) For purposes of paragraph (1), a standard for reimbursement of a pharmacy is any methodology or formula for varying the pricing of a drug or drugs during the term of the pharmacy reimbursement contract that is based on the cost of the drug involved, including drug pricing references and amounts that are based upon average wholesale price, wholesale average cost, average manufacturer price, average sales price, maximum allowable cost, or other costs, whether publicly available or not.''. (b) Application.--The amendment made by subsection (a) shall apply to any contract entered into under section 8902 of title 5, United States Code, on or after the date of enactment of this section.

Summary: Generic Drug Pricing Fairness Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require each contract entered into with a prescription drug plan (PDP) sponsor with respect to a PDP the sponsor offers to prohibit the PDP from entering into a contract with any pharmacy benefits manager (PBM) to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under it, unless the PBM adheres to specified criteria when handling personally identifiable utilization and claims data or other sensitive patient data. Revises requirements for contracts with PDP sponsors to require that the PDP sponsor disclose to applicable pharmacies the sources used for making any update of the prescription drug pricing standard, and if the source for such a standard is not publicly available, disclose to such pharmacies all individual drug prices to be so updated in advance of their use for the reimbursement of claims. Requires the PDP sponsor, as well, to establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for a drug. Directs the Secretary of Defense (DOD), with respect to the TRICARE retail pharmacy program, to ensure that a contract entered into with a TRICARE managed care support contractor includes requirements to ensure the provision of information regarding the pricing standard for prescription drugs. Establishes criteria to which a carrier and a PBM must adhere under a contract or an approved plan under which the carrier has an agreement with the PBM to manage prescription drug coverage or to control the costs of such coverage. Prohibits a PBM under such criteria from: (1) transmitting to a pharmacy owned by the PBM any personally identifiable utilization or claims data relating to an enrolled individual who has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at such a pharmacy; or (2) requiring any enrolled individual to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity in which the PBM has an ownership interest, or that has an ownership interest in the PBM, or give an incentive to encourage an enrollee to use the pharmacy if the incentive applies only to those pharmacies. Requires any contract or approved plan providing for a reimbursement standard with respect to a PDP to require the carrier to: (1) update the standard at least once every seven days to reflect the market price of a drug accurately; (2) disclose to pharmacies the sources used for making any such update; (3) make advance disclosure to those pharmacies of all individual drug prices to be updated if the source for a standard is not publicly available; and (4) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices less than the pharmacy acquisition price.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Code Talkers Recognition Act of 2008''. SEC. 2. PURPOSE. The purpose of this Act is to require the issuance of medals to express the sense of the Congress that-- (1) the service of Native American code talkers to the United States deserves immediate recognition for dedication and valor; and (2) honoring Native American code talkers is long overdue. SEC. 3. FINDINGS. The Congress finds the following: (1) When the United States entered World War I, Native Americans were not accorded the status of citizens of the United States. (2) Without regard to that lack of citizenship, members of Indian tribes and nations enlisted in the Armed Forces to fight on behalf of the United States. (3) The first reported use of Native American code talkers was on October 17, 1918. (4) Because the language used by the Choctaw code talkers in the transmission of information was not based on a European language or on a mathematical progression, the Germans were unable to understand any of the transmissions. (5) This use of Native American code talkers was the first time in modern warfare that such a transmission of messages in a native language was used for the purpose of confusing an enemy. (6) On December 7, 1941, Japan attacked Pearl Harbor, Hawaii, and the Congress declared war the following day. (7) The Federal Government called on the Comanche Nation to support the military effort during World War II by recruiting and enlisting Comanche men to serve in the Army to develop a secret code based on the Comanche language. (8) The United States Army recruited approximately 50 Native Americans for special native language communication assignments. (9) The United States Marine Corps recruited several hundred Navajos for duty in the Pacific region. (10) During World War II, the United States employed Native American code talkers who developed secret means of communication based on native languages and were critical to winning the war. (11) To the frustration of the enemies of the United States, the code developed by the Native American code talkers proved to be unbreakable and was used extensively throughout the European theater. (12) In 2001, the Congress and President Bush honored Navajo code talkers with congressional gold medals for the contributions of the code talkers to the United States Armed Forces as radio operators during World War II. (13) The heroic and dramatic contributions of Native American code talkers were instrumental in driving back Axis forces across the Pacific during World War II. (14) The Congress should provide to all Native American code talkers the recognition the code talkers deserve for the contributions of the code talkers to United States victories in World War I and World War II. SEC. 4. DEFINITIONS. In this Act, the following definitions shall apply: (1) Code talker.--The term ``code talker'' means a Native American who-- (A) served in the Armed Forces during a foreign conflict in which the United States was involved; and (B) transmitted (encoded and translated) secret coded messages for tactical military operations during World War I and World War II using their native tribal language (non- spontaneous communications) (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 5. CONGRESSIONAL GOLD MEDALS. (a) Award Authorization.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of gold medals of appropriate design in recognition of the service of Native American code talkers during World War I and World War II. (b) Identification of Recipients.--The Secretary, in consultation with the Secretary of Defense and the tribes, shall-- (1) determine the identity, to the maximum extent practicable, of each Native American tribe that had a member of that tribe serve as a Native American code talker, with the exception of the Navajo Nation; (2) include the name of each Native American tribe identified under subparagraph (A) on a list; and (3) provide the list, and any updates to the list, to the Smithsonian Institution for maintenance under section 5(c)(2). (c) Design and Striking of Medals.-- (1) In general.--The Secretary shall strike the gold medals awarded under subsection (a) with appropriate emblems, devices, and inscriptions, as determined by the Secretary. (2) Designs of medals emblematic of tribal affiliation and participation.--The design of a gold medal under paragraph (1) shall be emblematic of the participation of the code talkers of each recognized tribe. (3) Treatment.--Each medal struck pursuant to this subsection shall be considered to be a national medal for purposes of chapter 51 of title 31, United States Code. (d) Action by Smithsonian Institution.--The Smithsonian Institution-- (1) shall accept and maintain such gold medals, and such silver duplicates of those medals, as recognized tribes elect to send to the Smithsonian Institution; (2) shall maintain the list developed under section 6(1) of the names of Native American code talkers of each recognized tribe; and (3) is encouraged to create a standing exhibit for Native American code talkers or Native American veterans. SEC. 6. NATIVE AMERICAN CODE TALKERS. The Secretary, in consultation with the Secretary of Defense and the tribes, shall-- (1) with respect to tribes recognized as of the date of the enactment of this Act -- (A) determine the identity, to the maximum extent practicable, of each Native American code talker of each recognized tribe with the exception of the Navajo Nation; (B) include the name of each Native American code talker identified under subparagraph (A) on a list, to be organized by recognized tribe; and (C) provide the list, and any updates to the list, to the Smithsonian Institution for maintenance under section 5(d)(2); (2) in the future, determine whether any Indian tribe that is not a recognized as of the date of the enactment of this Act, should be eligible to receive a gold medal under this Act; and (3) with consultation from the tribes listed in following subsection, examine the following specific tribes to determine the existence of Code Talkers: (A) Assiniboine. (B) Chippewa and Oneida. (C) Choctaw. (D) Comanche. (E) Cree. (F) Crow. (G) Hopi. (H) Kiowa. (I) Menominee. (J) Mississauga. (K) Muscogee. (L) Sac and Fox. (M) Sioux. SEC. 7. DUPLICATE MEDALS. (a) Silver Duplicate Medals.-- (1) In general.--The Secretary shall strike duplicates in silver of the gold medals struck under section 5(b), to be awarded in accordance with paragraph (2). (2) Eligibility for award.-- (A) In general.--A Native American shall be eligible to be awarded a silver duplicate medal struck under paragraph (1) in recognition of the service of Native American code talkers of the recognized tribe of the Native American, if the Native American served in the Armed Forces as a code talker in any foreign conflict in which the United States was involved during the 20th century. (B) Death of code talker.--In the event of the death of a Native American code talker who had not been awarded a silver duplicate medal under this subsection, the Secretary may award a silver duplicate medal to the next of kin or other personal representative of the Native American code talker. (C) Determination.--Eligibility for an award under this subsection shall be determined by the Secretary in accordance with section 6. (b) Bronze Duplicate Medals.--The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 4 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold and silver medals. SEC. 8. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority to Use Fund Amounts.--There are authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 7(b) shall be deposited into the United States Mint Public Enterprise Fund. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Code Talkers Recognition Act of 2008 - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of gold medals (to be maintained by the Smithsonian Institution) to recognize the service of Native American code talkers during World War I and World War II. Defines "code talker" as a Native American who served in the Armed Forces during a foreign conflict and who transmitted secret coded messages for tactical military operations during World War I and World War II using native tribal language. Directs the Secretary of the Treasury: (1) in consultation with the Secretary of Defense and Indian tribes, to identify each Native American tribe, with the exception of the Navajo Nation, that had a member serve as a Native American code talker; (2) to provide a list of such code talkers to the Smithsonian Institution; (3) to design and strike the gold medals to be awarded; and (4) to strike silver duplicate medals for such code talkers or their next of kin or personal representatives. Authorizes the Secretary to strike and sell bronze duplicate medals to pay for the cost of the gold and silver medals. Directs the Smithsonian Institution to accept and maintain the gold medals awarded on behalf of the code talkers. Encourages the Smithsonian Institution to create a standing exhibit for Native American code talkers or Native American veterans. Authorizes payment from the U.S. Mint Public Enterprise Fund for the cost of medals struck pursuant to this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Health Access District Act''. SEC. 2. DEFINITIONS. (a) Comprehensive Health Access District.--In this Act, the term ``comprehensive health access district'' means a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of the following conditions occur at rates greater than the national average: (1) Infant mortality and low birth-weight babies. (2) Proportion of children below the age of 5 who have not received age-appropriate routine child-hood immunizations. (3) Hospitalization for preventable illnesses and conditions that may be managed successfully on an outpatient basis, such as otitis media, diabetes, and hypertension. (4) Emergency room visits for nonemergency conditions. (5) Accidental injury. (6) Incidence of tuberculosis, acquired immune deficiency syndrome, Black Lung disease, or cancer. (7) Incidence of violent crimes. (b) Comprehensive Community-Based Health Access Plan.--In this Act, the terms ``comprehensive community-based health access plan'' and ``health access plan'' mean an entity that provides health care services on a prepaid, capitated basis or any other risk basis and that the Secretary has certified meets all the requirements contained in section 5. (c) Secretary.--In this Act, the term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. MEDICAID STATE PLAN REQUIREMENTS FOR COMPREHENSIVE HEALTH ACCESS DISTRICTS. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) by striking the period at the end of paragraph (65) and inserting ``; and'', and (2) by inserting after paragraph (65) the following new paragraph: ``(66) provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan (as such terms are defined in section 2 of the Comprehensive Health Access District Act).''. SEC. 4. HEALTH ALLIANCE OBLIGATIONS WITH RESPECT TO COMPREHENSIVE HEALTH ACCESS DISTRICTS. Each Health Alliance or other health insurance purchasing cooperative created as a result of the enactment of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under title XIX of the Social Security Act and whose boundaries encompass a comprehensive health access district shall insure that a least one comprehensive community-based health access plan is available to persons living in such district. SEC 5. COMPREHENSIVE COMMUNITY-BASED HEALTH ACCESS PLANS. (a) Organizational Requirements.-- (1) In general.--A health access plan must-- (A) be a public or private organization, organized under the laws of any State; (B) locate its primary place of business in the comprehensive health access district it serves; (C) give preference in hiring to otherwise qualified individuals who live within the comprehensive health access district; and (D) have made adequate provision against the risk of insolvency, which provision is satisfactory to the State and which assures that individuals enrolled in a plan are in no case liable for debt of the plan in case of the plan's insolvency. (2) Methods of providing against risk of insolvency.--The provisions against the risk of insolvency under paragraph (1)(D) may include-- (A) escrow or similar arrangements to ensure that funds for the payment of providers are available only for such payments and cannot be otherwise used by the plan; (B) reinsurance purchased by the plan of an amount which is reasonably adequate to insure against unexpected costs; (C) a demonstration of financial viability, as evidenced by the plan's obtaining a significant amount of reinsurance, line of credit, or performance bond; or (D) such other mechanisms and requirements as the State finds appropriate. (b) Service Requirements.-- (1) Basic benefits.--A health access plan shall provide, either directly or through arrangements with providers, the following basic benefits: (A) Hospital services, including inpatient, outpatient and 24-hour emergency services. (B) Emergency and ambulatory medical and surgical services. (C) Physicians' services. (D) Medical care other than physicians' services recognized under State law and furnished by licensed practitioners within the scope of their practice as defined by State law. (E) Dental services. (F) Vision services. (G) Preventive health care services (including children's eye and ear examinations to determine the need for vision and hearing correction, well child services, immunizations against vaccine-preventable diseases, and screening for elevated blood lead levels). (H) Outpatient laboratory, radiology, and diagnostic services. (I) Ambulance services. (J) Mental health and substance abuse services. (K) Family planning services and services for pregnant women. (L) Outpatient prescription drugs and biologicals. (2) Community-based health services.--In addition to providing the services described in paragraph (1), a health access plan shall-- (A) identify the most frequent causes of morbidity and mortality in the comprehensive health access district (such as acquired immune deficiency syndrome, tuberculosis, mental illness, substance abuse and addiction, childhood developmental disorders (particularly those caused by children's exposure to violence), asthma, teen pregnancy, unhealthy behaviors (such as smoking and high-fat diets), and lead poisoning); and (B) design and implement programs of prevention, early intervention, or treatment intended to ameliorate or eliminate the factors identified in subparagraph (A). (3) Coordination of services.--In addition to providing the services described in paragraphs (1) and (2), a health access plan must promote its enrollees' access to social, educational or economic services (such as child day care, nutritional services, vocational training, and adult literacy programs). (c) Service Network Requirements.-- (1) Basic service network.--A health access plan shall enter into arrangements with a sufficient number and variety of providers to guarantee that-- (A) the plan's enrollees have access to the services described in subsection (b); and (B) the provider network takes into account and is representative of the cultural identity and diversity of the community being served. (2) Traditional community providers.--A health access plan shall, to the extent feasible, draw upon health care providers currently serving the community, including health centers (as defined in section 330(a) of the Public Health Service Act) and hospitals operated by units of local government, in developing its service network. (3) Development of new health resources.--A health access plan shall develop new health resources in the community (such as schoolbased clinics, mobile screening programs, and clinics based in public housing) to meet needs that are not met by existing community resources. (d) Access Standards.--A health access plan shall insure that each individual enrolled in it-- (1) is linked with the primary care physician within the health access plan's provider network of the individual's choice and has access to that doctor on a 24-hour a day, 7-day a week basis; (2) has round-the-clock telephone access to a central program office for information purposes as well as to voice grievances; and (3) has access to interpreter services as necessary (where a significant proportion of the population in the community health access district is non-English speaking, the health access plan shall insure that a corresponding proportion of its health care providers have multilingual capability). (e) Quality Assurance Standards.--A health access plan shall establish and maintain a quality assurance program that includes at least the following activities: (1) Treatment standards.--A health access plan shall establish-- (A) minimum standards for treating patients that participating providers must satisfy; (B) a program of ongoing medical record reviews and other provider audits to insure compliance with the plan's treatment standards; and (C) a system of sanctions to insure that providers who do not comply with the plan's treatment standards will be penalized and, if found to be repeatedly out of compliance, terminated from participation in the health access plan service network. (2) Data collection.--A health access plan shall monitor morbidity and mortality within the comprehensive health access district and identify the leading causes of death and disease. (3) Member surveys.--A health access plan shall survey its enrollees on a regular basis to determine their satisfaction with the quality of services received. (4) Independent quality audits.--A health access plan shall be evaluated on a regular basis by an independent health care accrediting organization. (f) Effective Grievance Procedures.--A health access plan must provide for effective procedures for hearing and resolving grievances between the plan and individuals enrolled in the plan. (g) Confidentiality of Enrollee Records.-- (1) A health access plan shall ensure that information concerning its enrollees is protected from unauthorized disclosure by the plan, its employees or its providers. (2) To promote the coordination of benefits to health plan enrollees, a health access plan may disclose information about its enrollees to the extent necessary to facilitate the enrollee's receipt of services and assistance from other entities. SEC. 6. DESIGNATION OF COMPREHENSIVE HEALTH ACCESS DISTRICTS AND CERTIFICATION OF COMPREHENSIVE COMMUNITY-BASED HEALTH ACCESS PLANS. The Secretary shall designate a community that meets the criteria set forth in section 2(a) as a comprehensive health access district and shall certify an entity that meets the requirements set forth in section 5 as a comprehensive community-based health access plan. Each such certification and designation shall be reviewed every five years. The Secretary may delegate all or part of the certification function for health access plans to the State in which the health access plan operates. SEC. 7. NATIONAL HEALTH OUTCOMES RESEARCH AND EVALUATION. (a) Provision of Information.--In order to evaluate the performance of health access plans in improving the health status of persons living in comprehensive health access districts, each health access plan shall provide the Secretary, at a time and in a manner specified by the Secretary, at least the following information: (1) Information on the characteristics of enrollees that may affect their need for or use of health services. (2) Information on the types of treatments and services and outcomes of treatments with respect to the clinical health, functional status and well-being of enrollees. (3) Information on enrollee satisfaction. (4) Information on health care expenditures, volume and prices of procedures, and use of specialized services. (b) Analysis of Information.--The Secretary shall analyze the information reported by health access plans in order to report to Congress, the plans and the public, not less often than annually, on the following: (1) The health status of persons living in comprehensive health access district (particularly those indicators listed in section 2(a)). (2) The level and rate of expenditures by health access plans on medical services and other programs to improve health status. (3) The effectiveness of health access plans in improving health outcomes (particularly outcomes related to health indicators listed in section 2(a)). (c) Research.-- (1) The Secretary shall examine the relationship between socioeconomic factors and health status and, based on his findings, suggest interventions appropriate to comprehensive health access districts. (2) The Secretary may contract with non-governmental entities to perform this research. Persons undertaking this work shall have access to the information provided by the health access plans to the Secretary. SEC. 8. REGULATIONS AND EFFECTIVE DATE. (a) In General.--The Secretary shall promulgate regulations necessary to implement this Act. (b) Effective Date.--This Act shall take effect on July 1, 2000, without regard to whether or not final regulations to carry out this Act have been promulgated by such date.

Summary: Comprehensive Health Access District Act - Defines: (1) "comprehensive health access district" as a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of certain diseases and conditions occur at rates greater than the national average; and (2) "comprehensive community-based health access plan" as an entity that provides health care services on a prepaid, capitated basis, or any other risk basis, and that the Secretary of Health and Human Services has certified meets certain requirements. (Sec. 3) Amends title XIX (Medicaid) of the Social Security Act to require, among other things, that each Medicaid State plan provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan. (Sec. 4) Requires each Health Alliance or other health insurance purchasing cooperative created out of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under Medicaid, and whose boundaries encompass a comprehensive health access district, to ensure that at least one comprehensive community-based health access plan is available to persons living in such district. (Sec. 5) Sets forth specified requirements for an entity to be certified as a comprehensive community-based health access plan. (Sec. 6) Requires the Secretary to designate a community a comprehensive health access district and to certify an entity as a comprehensive health access plan provided they meet certain criteria. (Sec. 7) Requires each health access plan, in order to evaluate its performance in improving the health status of persons living in comprehensive health access districts, to provide the Secretary with specified health-related information.


SECTION 1. SHORT TITLE. This Act may be cited as the ``So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003'' or the ``SNIPER Act of 2003''. SEC. 2. ENFORCING COMPLIANCE WITH RECORD KEEPING REQUIREMENTS. (a) Inspections.--Section 923(g)(1) of title 18, United States Code, is amended-- (1) in subparagraph (B)(ii)(I), by striking ``once'' and inserting ``4 times''; (2) in subparagraph (C)(i), by striking ``once'' and inserting ``4 times''; (3) by redesignating subparagraph (D) as subparagraph (E); and (4) by inserting after subparagraph (C), the following: ``(D) If a licensed importer, licensed manufacturer, licensed dealer, or licensed collector is found in violation of this chapter, or the related regulations, the Attorney General shall inspect or examine the inventory and records of such violator not less than once each year during the 3 years following such violation.''. (b) Ammunition Sales.--Section 923(g)(1)(A) is amended in the first sentence by striking ``firearms at his'' and inserting ``firearms and ammunition, except on .22 caliber rimfire ammunition, at such licensee's''. (c) Penalty Enhancement.--Section 924(a)(1) of title 18, United States Code, is amended-- (1) in subparagraph (C), by striking ``or'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) willfully violates section 923(g); or''. SEC. 3. ENFORCEMENT ACTIONS AGAINST VIOLATORS OF FEDERAL FIREARMS LAWS. (a) Suspensions.--Section 924 of title 18, United States Code, as amended by section 2(c), is further amended by adding at the end the following: ``(q) A licensed importer, manufacturer, dealer, or collector who violates any provision of this chapter, or the related regulations, may be subject to-- ``(1) the revocation of any applicable license; ``(2) the suspension of any applicable license; or ``(3) a fine under this title.''. (b) Warning Letters; Notices; Fines.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8) If an inspection under paragraph (1) reveals that a licensee has violated any provision of this chapter, or the related regulations, the Attorney General shall-- ``(A) issue a warning letter to the alleged violator, and maintain a copy of such letter, along with any written report prepared by the inspector-- ``(i) in the files of the appropriate Director of Industry Operations; and ``(ii) at the headquarters of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; ``(B) issue a notice of revocation of the license and conduct the appropriate proceedings; or ``(C) issue a notice of revocation, suspension, or imposition of a civil fine, and conduct the appropriate proceedings.''. (c) Timeliness of Enforcement Actions.--The Attorney General shall, by regulation, require the Director of Industry Operations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to issue a final decision within 120 days from the date on which a notice of revocation, suspension, or imposition of a civil fine is mailed to a licensee (as that term is defined in section 103(j)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note). (d) Judicial Stays of Enforcement Actions.--Section 923(f)(3) of title 18, United States Code, is amended by striking the period at the end of the first sentence and inserting ``, and shall not postpone the effective date of such decision unless so ordered by a United States district court judge or magistrate who has jurisdiction over the matter.''. (e) Enforcement Action not Dependent Upon Criminal Conviction.-- Section 923(f) of title 18, United States Code, is amended by striking paragraph (4). SEC. 4. RESTRICTION OF GUN SALES TO IN-STATE RESIDENTS. Section 922(b)(3) of title 18, United States Code, is amended by striking ``(A) shall not apply'' and all that follows through ``and (B)''. SEC. 5. BALLISTICS TESTING OF FIREARMS. (a) Short Title.--This section may be cited as the ``Technological Resource to Assist Criminal Enforcement Act'' or the ``TRACE Act''. (b) Purposes.--The purposes of this section are-- (1) to increase public safety by assisting law enforcement in solving more gun-related crimes and offering prosecutors evidence to link felons to gun crimes through ballistics technology; (2) to provide for ballistics testing of all new firearms for sale to assist in the identification of firearms used in crimes; (3) to require ballistics testing of all firearms in custody of Federal agencies to assist in the identification of firearms used in crimes; and (4) to add ballistics testing to existing firearms enforcement programs. (c) Definition of Ballistics.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Ballistics.--The term `ballistics' means a comparative analysis of fired bullets and cartridge casings to identify the firearm from which bullets and cartridge casings were discharged, through identification of the unique markings that each firearm imprints on bullets and cartridge casings.''. (d) Test Firing and Automated Storage of Ballistics Records.-- (1) Amendment.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) In addition to the other licensing requirements under this section, a licensed manufacturer or licensed importer shall-- ``(A) test fire firearms manufactured or imported by such licensees as specified by the Attorney General by regulation; ``(B) prepare ballistics images of the fired bullet and cartridge casings from the test fire; ``(C) make the records available to the Attorney General for entry into the electronic database established under paragraph (3)(B); and ``(D) store the fired bullet and cartridge casings in such a manner and for such a period as specified by the Attorney General by regulation. ``(2) Nothing in this subsection creates a cause of action against any Federal firearms licensee or any other person for any civil liability except for imposition of a civil penalty under this section. ``(3)(A) The Attorney General shall assist firearm manufacturers and importers in complying with paragraph (1) by-- ``(i) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment to be placed at locations readily accessible to licensed manufacturers and importers; ``(ii) hiring or designating sufficient personnel to develop and maintain a database of ballistics images of fired bullets and cartridge casings, research, and evaluation; ``(iii) providing education about the role of ballistics as part of a comprehensive firearm crime reduction strategy; ``(iv) providing for the coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking; and ``(v) taking other necessary steps to make ballistics testing effective. ``(B) The Attorney General shall-- ``(i) establish an electronic database-- ``(I) through which State and local law enforcement agencies can promptly access the ballistics records stored under this subsection, as soon as such capability is available; and ``(II) that shall not include any identifying information regarding dealers, collectors, or purchasers of firearms; and ``(ii) require training for all ballistics examiners. ``(4) The Attorney General shall conduct mandatory ballistics testing of all firearms obtained or in the possession of their respective agencies. ``(5) Not later than 3 years after the date of enactment of this subsection, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report regarding the implementation of this section, including-- ``(A) the number of Federal and State criminal investigations, arrests, indictments, and prosecutions of all cases in which access to ballistics records, provided under the system established under this section and under similar systems operated by any State, served as a valuable investigative tool in the prosecution of gun crimes; ``(B) the extent to which ballistics records are accessible across jurisdictions; and ``(C) a statistical evaluation of the test programs conducted pursuant to paragraph (4). ``(6) There are authorized to be appropriated to the Department of Justice $20,000,000 for each of the fiscal years 2005 through 2008 to carry out this subsection, to be used to-- ``(A) install ballistics equipment and bullet and cartridge casing recovery equipment; ``(B) establish sites for ballistics testing; ``(C) pay salaries and expenses of necessary personnel; and ``(D) conduct related research and evaluation.''. (2) Effective date.-- (A) In general.--Except as provided in subparagraphs (A) and (B), the amendment made by paragraph (1) shall take effect on the date on which the Attorney General, in consultation with the Board of the National Integrated Ballistics Information Network, certifies that the ballistics system used by the Department of Justice is sufficiently developed to support mandatory ballistics testing of new firearms. (B) Ballistics testing.--Section 923(m)(1) of title 18, United States Code, as added by paragraph (1), shall take effect 2 years after the date of enactment of this Act. (C) Effective on date of enactment.--Section 923(m)(4) of title 18, United States Code, as added by paragraph (1), shall take effect on the date of enactment of this Act. (e) Privacy Rights of Law Abiding Citizens.--Ballistics information of individual guns in any form or database established by this section may not be used for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime. SEC. 6. ADDITIONAL FUNDING FOR THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (a) Gun Crime Task Forces.-- (1) In general.--The Attorney General shall establish, within each field division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, a group of inspectors, agents, and support personnel to be known as the ``gun crime task force''. (2) Purpose.--The gun crime task forces established pursuant to paragraph (1) shall investigate, and assist in the regulation of, and if appropriate, the prosecution of, licensees (as that term is defined in section 103(j)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)) and unlicensed dealers, who are suspected of violating chapter 44 or 96 of title 18, United States Code. (b) Authorization of Appropriations.-- (1) Gun crime task forces.--There are authorized to be appropriated $10,000,000 for each of the fiscal years 2005 through 2008 to carry out the provisions of subsection (a). (2) Industry operations.--There are authorized to be appropriated $25,000,000 for each of the fiscal years 2005 through 2008 to employ additional inspectors, regulators, and employees in the Industry Operations field divisions of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Summary: So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003 (SNIPER Act of 2003) - Amends the Brady Handgun Violence Prevention Act to: (1) authorize the Secretary of the Treasury to inspect the inventory and records of a licensed importer, manufacturer, or dealer without reasonable cause or warrant not more than four times (currently, once) during any 12-month period; and (2) require such persons to maintain records of disposition of ammunition, except on .22 caliber rimfire ammunition. Provides for enhanced penalties for violations. Subjects violators to revocation or suspension of any applicable license or a fine. Directs the Attorney General to send warning letters to alleged violators, issue notices of revocation, suspension, or imposition of a civil fine, and conduct proceedings, as appropriate. Repeals an exemption from Brady Act requirements involving gun sales to instate residents. Technological Resource to Assist Criminal Enforcement Act (TRACE Act) - Amends the Brady Act to require a licensed manufacturer or importer to: (1) test fire firearms manufactured or imported by certain licensees; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into an electronic database (established by this Act); and (4) store the fired bullet and cartridge casings as specified. Directs the Attorney General to: (1) conduct mandatory ballistics testing of all firearms in the custody of Federal agencies; and (2) establish, within each Bureau of Alcohol, Tobacco, Firearms, and Explosives field division, a gun crime task force.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hass Avocado Quality Assurance Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Hass avocados are an integral food source in the United States that are a valuable and healthy part of the human diet and are enjoyed by millions of persons every year for a multitude of everyday and special occasions. (2) Hass avocados are a significant tree fruit crop grown by many individual producers both domestically and abroad. (3) Hass avocados move in interstate and foreign commerce and Hass avocados that do not move in interstate or foreign channels of commerce but only in intrastate commerce directly affect interstate commerce of Hass avocados. (4) The maintenance and expansion of markets in existence on the date of enactment of this Act, and the development of new or improved markets or uses for Hass avocados, are needed to preserve and strengthen the economic viability of the domestic Hass avocado industry for the benefit of producers, importers, and other persons associated with the producing, importing, marketing, processing, and consuming of Hass avocados. (5) The marketing of immature Hass avocados adversely affects demand for all Hass avocados because immature avocados are unpalatable and unfit for human consumption and, when marketed, result in dissatisfied customers who will cease purchasing Hass avocados. (6) There is no better method of ensuring the maturity of Hass avocados than through requiring that Hass avocados meet an established mandatory minimum maturity standard, as measured by percentage of dry matter. (7) The application of consistent and mandatory minimum maturity standards for all Hass avocados is necessary for the maintenance, expansion, and development of markets for Hass avocados. (b) Purpose.--It is the purpose of this Act to set forth certain mandatory quality standards in the form of mandatory minimum maturity requirements for all Hass avocados, and to provide the Secretary with the authority necessary to ensure that such standards are met, with the intention of-- (1) strengthening the position of the Hass avocado industry in the domestic marketplace; and (2) maintaining, developing, and expanding markets and uses for Hass avocados. SEC. 3. MATURITY REQUIREMENTS FOR HASS AVOCADOS. Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``SEC. 209. MATURITY REQUIREMENTS FOR HASS AVOCADOS. ``(a) In General.--Not later than 180 days after the date of the enactment of the Hass Avocado Quality Assurance Act of 2007, the Secretary of Agriculture shall issue final regulations to ensure that all Hass avocados sold to consumers in the United States meet the minimum maturity standards (as measured by percentage of dry matter) for sale to a consumer of the State of California, as required by regulations issued pursuant to chapter 9 of division 17 of the California Food and Agricultural Code or any succeeding provision of California law governing the minimum maturity standards of Hass avocados for sale to a consumer. ``(b) Exceptions.--Subsection (a) and the regulations issued pursuant to subsection (a) shall not apply to Hass avocados-- ``(1) intended for consumption by charitable institutions; ``(2) intended for distribution by relief agencies; ``(3) intended for commercial processing into products; or ``(4) that the Secretary determines should not be subject to such subsection or such regulations. ``(c) Use of Existing Inspectors.--The Secretary shall, to the greatest extent practicable, use inspectors that inspect avocados for compliance with section 8e of the Agricultural Adjustment Act (7 U.S.C. 608e-1), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to conduct inspections under this section. ``(d) Penalties.-- ``(1) Diversion.--The Secretary may divert, export, or repack and reinspect any Hass avocados that do not meet the requirements of this section or the regulations issued pursuant to this section. ``(2) Civil penalties.--The Secretary may require any person who violates this section or the regulations issued pursuant to this section to-- ``(A) forfeit to the United States a sum equal to the value of the commodity at the time of violation, which forfeiture shall be recoverable in a civil suit brought in the name of the United States; or ``(B) on conviction, be fined not less than $50 or more than $5,000 for each violation. ``(e) Fees.--The Secretary may prescribe and collect fees to cover the costs of providing for the inspection of Hass avocados under this section. All fees and penalties collected shall be credited to the accounts that incur such costs and shall remain available until expended without fiscal year limitation. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. SEC. 4. SEVERABILITY. If any provision of this Act or the amendment made by this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendment made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.

Summary: Hass Avocado Quality Assurance Act of 2007 - Amends the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture to provide for mandatory minimum maturity standards for all domestic and imported Hass avocados sold to consumers in California. Provides exceptions for commercial processing and charitable and relief uses. Sets forth penalty provisions.