SECTION 1. DEPARTMENT OF VETERANS AFFAIRS SEXUAL TRAUMA COUNSELING PROGRAM. (a) Extension of Period of Authority To Provide Sexual Trauma Counseling.--Subsection (a) of section 1720D of title 38, United States Code, is amended-- (1) by striking out ``December 31, 1995,'' in paragraph (1) and inserting in lieu thereof ``December 31, 1998,''; and (2) by striking out ``December 31, 1994,'' in paragraph (3) and inserting in lieu thereof ``December 31, 1998,''. (b) Period of Eligibility To Seek Counseling.--(1) Such subsection is further amended-- (A) by striking out paragraph (2); and (B) by redesignating paragraph (3) (as amended by subsection (a)(2)) as paragraph (2). (2) Section 102(b) of the Veterans Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4946; 38 U.S.C. 1720D note) is repealed. (c) Repeal of Limitation on Period of Receipt of Counseling.-- Section 1720D of title 38, United States Code, is further amended-- (1) by striking out subsection (b); and (2) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively. (d) Increased Priority of Care.--Section 1712(i) of title 38, United States Code, is amended-- (1) in paragraph (1)-- (A) by inserting ``(A)'' after ``To a veteran''; and (B) by inserting ``, or (B) who is eligible for counseling under section 1720D of this title, for the purposes of such counseling'' before the period at the end; and (2) in paragraph (2)-- (A) by striking out ``, (B)'' and inserting in lieu thereof ``or (B)''; and (B) by striking out ``, or (C)'' and all that follows through ``such counseling''. (e) Program Revision.--(1) Section 1720D of title 38, United States Code, is further amended-- (A) by striking out ``woman'' in subsection (a)(1); (B) by striking out ``women'' in subsection (b)(2)(C) and in the first sentence of subsection (c), as redesignated by subsection (c); and (C) by striking out ``women'' in subsection (c)(2), as so redesignated, and inserting in lieu thereof ``individuals''. (2)(A) The heading of such section is amended to read as follows: ``Sec. 1720D. Counseling for sexual trauma''. (B) The item relating to such section in the table of sections at the beginning of chapter 17 of such title is amended to read as follows: ``1720D. Counseling for sexual trauma.''. (f) Information on Counseling by Telephone.--(1) Paragraph (1) of section 1720D(c) of title 38, United States Code, as redesignated by subsection (c) of this section, is amended by striking out ``may'' and inserting in lieu thereof ``shall''. (2) In providing information on counseling available to veterans through the information system required under section 1720D(c)(1) of title 38, United States Code (as amended by this section), the Secretary of Veterans Affairs shall ensure-- (A) that the telephone system described in such section is operated by Department of Veterans Affairs personnel who are trained in the provision to persons who have experienced sexual trauma of information about the care and services relating to sexual trauma that are available to veterans in the communities in which such veterans reside, including care and services available under programs of the Department (including the care and services available under section 1720D of such title) and from non-Department agencies or organizations; (B) that such personnel are provided with information on the care and services relating to sexual trauma that are available to veterans and the locations in which such care and services are available; (C) that such personnel refer veterans seeking such care and services to appropriate providers of such care and services (including care and services that are available in the communities in which such veterans reside); (D) that the telephone system is operated in a manner that protects the confidentiality of persons who place telephone calls to the system; and (E) that the telephone system operates at all times. (3) The Secretary shall ensure that information about the availability of the telephone system is visibly posted in Department medical facilities and is advertised through public service announcements, pamphlets, and other means. (4) Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the operation of the telephone system required under section 1720D(c)(1) of title 38, United States Code (as so amended). The report shall set forth the following: (A) The number of telephone calls placed to the system during the period covered by the report, with a separate display of (i) the number of calls placed to the system from each State (as such term is defined in section 101(20) of title 38, United States Code) during that period, and (ii) the number of persons who placed more than one call to the system during that period. (B) The types of sexual trauma described to personnel operating the system by persons placing calls to the system. (C) A description of the difficulties, if any, experienced by persons placing calls to the system in obtaining care and services for sexual trauma in the communities in which such persons live, including care and services available from the Department and from non-Department agencies and organizations. (D) A description of the training provided to the personnel operating the system. (E) The recommendations and plans of the Secretary for the improvement of the system. (5) The Secretary shall commence operation of the telephone system required under section 1720D(c)(1) of title 38, United States Code (as so amended), not later than 180 days after the date of the enactment of this Act. SEC. 2. REPORT RELATING TO DETERMINATIONS OF SERVICE CONNECTION FOR SEXUAL TRAUMA. (a) Report.--The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing the Secretary's assessment of-- (1) the difficulties that veterans encounter in obtaining from the Department of Veterans Affairs determinations that disabilities relating to sexual trauma resulting from events that occurred during active duty are service-connected disabilities; and (2) the extent to which Department personnel fail to make determinations that such disabilities are service-connected disabilities. (b) Recommendations.--The Secretary shall include in the report the Secretary's recommendations for actions to be taken to respond in a fair manner to the difficulties described in the report and to eliminate failures to make determinations that such disabilities are service-connected disabilities. (c) Definition.--In this section, the term ``sexual trauma'' means the immediate and long-term physical or psychological trauma resulting from rape, sexual assault, aggravated sexual abuse (as such term is described in section 2241 of title 18, United States Code), sexual harassment, or other act of sexual violence. (d) Deadline for Report.--The report required by this section shall be submitted not later than June 30, 1994. SEC. 3. COORDINATORS OF WOMEN'S SERVICES. (a) Requirement of Full-time Service.--Section 108 of the Veterans Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4948; 38 U.S.C. 1710 note) is amended-- (1) by inserting ``(a)'' before ``The Secretary''; and (2) by adding at the end the following: ``(b) Each official who serves in the position of coordinator of women's services under subsection (a) shall so serve on a full-time basis.''. (b) Additional Responsibilities.--Subsection (a) of such section (as designated by subsection (a) of this section) is further amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph (5): ``(5) Facilitating communication between women veterans coordinators under the jurisdiction of such regional coordinator and the Under Secretary for Health and the Secretary.''. (c) Support for Women's Services Coordinators.--The Secretary of Veterans Affairs shall take appropriate actions to ensure that-- (1) sufficient funding is provided to each Department of Veterans Affairs facility in order to permit the coordinator of women's services to carry out the responsibilities of the coordinator at the facility; (2) sufficient clerical and communications support is provided to each such coordinator for that purpose; and (3) each such coordinator has direct access to the Director or Chief of Staff of the facility to which the coordinator is assigned.

Summary: Amends the Veterans Health Care Act of 1992 and Federal veterans' benefits provisions to: (1) extend through December 31, 1998, the authority of the Department of Veterans Affairs to provide sexual trauma counseling at Department facilities as well as through non-Department providers; (2) remove a requirement that veterans seek such counseling within a specified period after discharge; (3) remove the current one-year limit on the length of such counseling; (4) make the provision of such counseling equal in priority to the provision of Department outpatient services; (5) authorize the Department to provide such counseling to all veterans (currently, only women); and (6) require (current law authorizes) the provision of a 24-hour toll-free telephone number for the provision of sexual trauma crisis counseling. Directs the Secretary of Veterans Affairs to make certain reports with respect to: (1) the operation of the telephone hotline; and (2) the difficulties veterans encounter in obtaining from the Department determinations that disabilities relating to sexual trauma are service-connected. Modifies responsibilities of Department coordinators of women's services. Requires the Secretary to ensure that such coordinators are provided sufficient resources to carry out such responsibilities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety and Fuel Economy (SAFE) Act''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) Automobile fuel economy standards have played an important role in mitigating the increased consumption of gasoline and have resulted in lower fuel costs to consumers. (2) Such standards and the successful response of automobile manufacturers to those standards have been very effective in increasing automobile fuel efficiency, resulting in a near doubling of the passenger automobile fleet fuel economy between 1975 and the present. (3) In recent years, the average automobile fuel economy of the fleets of many automobile manufacturers has actually declined, while the size and horsepower of the fleets have increased. Overall, automobile and light truck average fuel economy in 2000 was at its lowest in 20 years. (4) Several Government studies agree that increased fuel efficiency is possible utilizing currently available technology and without significant changes in the size, mix, or performance of the fleet of automobiles. In addition, the safety of the current fleet of automobiles can be maintained and potentially improved through improved safety features. (5) With appropriate lead time, and by utilizing technology currently in production, passenger automobile average fuel economy of between 38 and 45 miles per gallon has been estimated by various experts to be feasible without significant changes in automobile size or performance. When technology currently in development becomes available, even higher levels of average fuel economy are possible. (6) Improved automobile average fuel economy standards can reduce carbon dioxide emissions, improve air quality, and potentially mitigate against global warming. SEC. 3. IMPROVING CRASH SAFETY OF AUTOMOBILES AND LIGHT TRUCKS IN COLLISIONS. (a) In General.--Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 30128. Crash safety of automobiles and light trucks in collisions ``(a) Motor Vehicle Safety Standard.-- ``(1) Notice of proposed rulemaking.--Not later than June 1, 2002, the Secretary of Transportation shall issue a notice of proposed rulemaking to prescribe a new Federal motor vehicle safety standard to improve the crash safety of automobiles and light trucks in collisions. ``(2) CRAGG index.--The new standard prescribed under this subsection shall include a Crash Aggressivity index (in this section referred to as a `CRAGG index') that-- ``(A) measures the aggressivity of a motor vehicle; ``(B) takes into account the stiffness, structure height, and mass of a vehicle; and ``(C) substantially improves the present crash safety of automobiles and light trucks by reducing the aggressivity of such vehicles. ``(3) Final rule.--Notwithstanding any other provision of law, the Secretary shall complete a rulemaking to prescribe such a standard by issuing, not later than June 1, 2003, a final rule with any provision the Secretary considers appropriate, consistent with this subsection and the requirements of section 30111 of title 49, United States Code. ``(4) Effective date.--The Secretary shall specify in the final rule issued under this subsection that the rule-- ``(A) shall become effective in phases as rapidly as practicable, beginning September 1, 2005; and ``(B) shall be fully effective for all vehicles identified in section 30127(b) of title 49, United States Code, that are manufactured on and after September 1, 2009. ``(b) Disclosure of CRAGG Index Ratings to Purchasers.-- ``(1) Disclosure by manufacturers.--The Secretary of Transportation shall issue regulations that require that motor vehicle manufacturers-- ``(A) report CRAGG index ratings for each model year after model year 2005; ``(B) submit the first such report by no later than August 1, 2005, and submit such reports by August 1 of each year thereafter; and ``(C) conspicuously post on each new motor vehicle at the point of sale the CRAGG index rating for the vehicle, beginning September 1, 2005. ``(2) Disclosure by secretary.--The Secretary shall also post on the Department of Transportation's Internet website, beginning September 1, 2005-- ``(A) comparative CRAGG index ratings, by make and model; and ``(B) an identification of the 10 motor vehicles with the greatest aggressivity, by CRAGG index rating, each year. ``(c) Annual Report.--The Secretary of Transportation shall annually report to the Congress on January 1 of each year beginning in 2004 on the progress made in improving the crash safety of automobiles and light trucks in collisions. Such report shall address the comparative improvement in the aggressivity of new vehicles as measured by the CRAGG index and the number of fatalities caused by the aggressivity of light trucks and sport utility vehicles in collisions with other vehicles. ``(d) Revision of Standard.--On September 1, 2007, the Secretary of Transportation shall issue an advanced notice of proposed rulemaking to determine if substantial improvement has been made in the crash safety of automobiles and light trucks that are subject to the Federal motor vehicle safety standard prescribed under subsection (a). If substantial improvement has not been made, the Secretary shall issue a notice of proposed rulemaking by March 1, 2008, to revise such standard to further increase crash comparability. If initiated, the Secretary shall complete the rulemaking required by this subsection by issuing a new final rule not later than March 1, 2009. The Secretary shall specify in the rule that the rule shall become effective in phases as rapidly as practicable, beginning September 1, 2010. The rule shall become fully effective for all vehicles identified in section 30127(b), title 49, United States Code, that are manufactured on and after September 1, 2012. ``(e) Phased-In Requirements.-- ``(1) In general.--If the Secretary of Transportation fails to meet any of the deadlines in subsections (a) through (d) of this section with respect to any motor vehicle, motor vehicles with respect to which such deadline applied having a gross vehicle weight rating less than 10,000 pounds that are manufactured by each manufacturer must satisfy the requirements described in paragraph (2) in accordance with the following phase-in schedule: ``(A) 20 percent of such vehicles manufactured by a manufacturer in the first year after the date the deadline is not met must satisfy such requirements. ``(B) 40 percent of such vehicles manufactured by a manufacturer in the second year after the date the deadline is not met must satisfy such requirements. ``(C) 60 percent of such vehicles manufactured by a manufacturer in the third year after the date the deadline is not met must satisfy such requirements. ``(D) 80 percent of such vehicles manufactured by a manufacturer in the fourth year after deadline is not met must satisfy such requirements. ``(E) All such vehicles manufactured by a manufacturer after the fourth year after the date the deadline is not met must satisfy such requirements. ``(2) Requirements.--The requirements referred to in paragraph (1) are the following, in the frontal barrier crash test defined in section 571.208 S5.1 of title 49, Code of Federal Regulations, conducted with a load cell barrier: ``(A) The height of the center of force as determined by a 30 mile per hour crash into a load cell barrier shall not be greater than 22 inches (55 centimeters). ``(B) For any vehicle with a curb weight greater than 3,500 pounds, the dynamic stiffness shall not be greater than the number determined by multiplying-- ``(i) 50,000 pounds; by ``(ii) the number determined by dividing-- ``(I) 33,000; by ``(II) the number determined by subtracting the weight of the vehicle (in pounds) from 20,000. ``(f) Advisory Committees.--The Secretary of Transportation shall ensure that-- ``(1) any Federal advisory committee, task force, or other entity concerned with vehicle compatibility includes a balance of representatives from consumer and safety organizations, insurers, manufacturers, and suppliers; and ``(2) such consumer and safety organization representatives are selected from among organizations that do not receive any significant funding from motor vehicle manufacturers and their affiliates. ``(g) Definitions.-- ``(1) Automobile; light truck.--Each of the terms `automobile' and `light truck' has the meaning set forth in section 32901 of this title. ``(2) Aggressivity.--The term `aggressivity' means the degree to which the front of a motor vehicle, in a collision with another motor vehicle-- ``(A) inflicts damage to the other motor vehicle; and ``(B) causes injury to the occupants of the other motor vehicle.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30127 the following: ``30128. Crash safety of automobiles and light trucks in collisions.''. SEC. 4. INCREASED AVERAGE FUEL ECONOMY STANDARDS FOR PASSENGER AUTOMOBILES AND LIGHT TRUCKS. (a) Increased Standards.--Section 32902 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``Non-Passenger Automobiles.--'' and inserting ``Prescription of Standards by Regulation.--''; and (B) by striking ``(except passenger automobiles)'' and inserting ``(except passenger automobiles and light trucks)''; and (2) by amending subsection (b) to read as follows: ``(b) Standards for Passenger Automobiles and Light Trucks.-- ``(1) Passenger automobiles, generally.--The average fuel economy standard for passenger automobiles manufactured by a manufacturer-- ``(A) after model year 2003 shall be 30.0 miles per gallon; and ``(B) after model year 2005 shall be 32.5 miles per gallon. ``(2) Light trucks.--The average fuel economy standard for light trucks manufactured by a manufacturer-- ``(A) after model year 2003 shall be 23.0 miles per gallon; and ``(B) after model year 2005 shall be 25.5 miles per gallon. ``(3) Combined standard.--The average fuel economy standard for the combination of passenger automobiles and light trucks manufactured by a manufacturer-- ``(A) after model year 2007 shall be 32.0 miles per gallon; ``(B) after model year 2009 shall be 36.0 miles per gallon; and ``(C) after model year 2011 shall be 40.0 miles per gallon.''. (b) Definition of Light Truck.-- (1) In general.--Section 32901(a) of title 49, United States Code, is amended by adding at the end the following: ``(17) `light truck' means an automobile that the Secretary decides by regulation-- ``(A) is manufactured primarily for transporting not more than 10 individuals; ``(B) is rated at not more than 8,500 pounds gross vehicle weight; and ``(C) is not a passenger automobile.''. (2) Deadline for regulations.--The Secretary of Transportation-- (A) shall issue proposed regulations implementing the amendment made by this subsection by not later than 6 months after the date of the enactment of this Act; and (B) shall issue final regulations implementing such amendment by not later than one year after the date of the enactment of this Act. (c) Conforming Amendments.--(1) Section 32902(c) of title 49, United States Code, is amended-- (A) in paragraph (1), by striking ``the standard'' and inserting ``a standard''; and (B) in paragraph (2), by striking ``increases the standard above 27.5 miles per gallon, or decreases the standard below 26.0 miles per gallon,'' and inserting ``increases the standard above the standard that would otherwise apply under subsection (b), or decreases the standard by more than 1.5 miles per gallon below the standard that would otherwise apply under subsection (b),''. (d) Application.--The amendments made by this section shall apply beginning on January 1, 2006. (e) Applicability of Existing Standards.--This section does not affect the application of section 32902 of title 49, United States Code, to passenger automobiles and light trucks manufactured before model year 2007. SEC. 5. FUEL ECONOMY STANDARDS FOR AUTOMOBILES UP TO 10,000 POUNDS GROSS VEHICLE WEIGHT. (a) Vehicles Defined as Automobiles.--Section 32901(a)(3) of title 49, United States Code, is amended by striking ``6,000'' each place it appears and inserting ``8,500''. (b) Application Date.--The amendment made by subsection (a) shall apply beginning on January 1, 2006. SEC. 6. IMPROVEMENT OF CALCULATION OF AVERAGE FUEL ECONOMY. (a) In General.--Section 32904(a) of title 49, United States Code, is amended-- (1) by inserting ``(1)'' before the first sentence; (2) in paragraph (1) (as so designated), in the second sentence by inserting ``and subject to paragraph (2) of this subsection,'' after ``of this title,''; and (3) by adding at the end the following: ``(2) Calculations and testing procedures prescribed by the Secretary under paragraph (1) shall ensure that average fuel economy calculated under this subsection-- ``(A) reflects, and is determined under conditions that include, actual driving conditions; and ``(B) is not an optimized number that results solely from tests performed under laboratory conditions.''. (b) Application.--The amendment made by subsection (a) shall apply with respect to automobiles manufactured after model year 2005. (c) Regulations.--The Administrator of the Environmental Protection Agency shall issue regulations that implement the amendments made by subsection (a) by not later than December 31, 2002.

Summary: Safety and Fuel Economy (SAFE) Act - Amends Federal transportation law to direct the Secretary of Transportation to issue a notice of proposed rulemaking to prescribe a new Federal motor vehicle safety standard to improve the crash safety of automobiles and light trucks in collisions. Directs the Secretary to issue regulations that require motor vehicle manufacturers to disclose CRAGG index ratings to purchasers of new motor vehicles after model year 2005. Establishes the CRAGG (Crash Aggressivity) index as one that: (1) measures a motor vehicle's aggressivity; (2) takes into account its stiffness, structure height, and mass; and (3) substantially improves the present crash safety of automobiles and light trucks by reducing their aggressivity. Defines "aggressivity" as the degree to which the front of a motor vehicle in a collision with another motor vehicle inflicts damage to the other vehicle and causes injury to its occupants.Sets forth average fuel economy standards for passenger automobiles and light trucks manufactured after model years 2003, 2005, 2007, 2009, and 2011.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Ninth Circuit Court of Appeals Reorganization Act of 2000''. SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter before the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ Arizona, California, Nevada.''; and (B) by inserting between the last 2 items the following: ``Twelfth...................... Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, Washington.''. SEC. 3. NUMBER OF CIRCUIT JUDGES. The table in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth..................................................... 20''; and (2) by inserting between the last 2 items the following: ``Twelfth................................................... 8''. SEC. 4. PLACES OF CIRCUIT COURT. The table in section 48(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ San Francisco, Los Angeles.''; and (2) by inserting between the last 2 items at the end the following: ``Twelfth...................... Portland, Seattle.''. SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES. Each circuit judge in regular active service of the former ninth circuit whose official station on the day before the effective date of this Act-- (1) is in Arizona, California, or Nevada is assigned as a circuit judge of the new ninth circuit; and (2) is in Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, or Washington is assigned as a circuit judge of the twelfth circuit. SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior judge of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 7. SENIORITY OF JUDGES. The seniority of each judge-- (1) who is assigned under section 5 of this Act; or (2) who elects to be assigned under section 6 of this Act; shall run from the date of commission of such judge as a judge of the former ninth circuit. SEC. 8. APPLICATION TO CASES. The provisions of the following paragraphs of this section apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) If the matter has been submitted for decision, further proceedings in respect of the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after the effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. SEC. 9. DEFINITIONS. In this Act, the term-- (1) ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 2(2); and (3) ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 2(3). SEC. 10. ADMINISTRATION. The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. Such court shall cease to exist for administrative purposes on July 1, 2002. SEC. 11. EFFECTIVE DATE. This Act and the amendments made by this Act shall become effective on October 1, 2000.

Summary: Assigns circuit judges of the former ninth circuit to either of the two new circuits based upon their official station, with senior judges permitted election of assignment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast College Revitalization Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) Approximately 30 institutions of higher education in the Gulf Coast region, serving approximately 100,000 students, directly sustained damage from Hurricane Katrina. (2) The approximately 30 institutions of higher education in the Gulf Coast region impacted by Hurricane Katrina employed approximately 30,000 faculty, administrators, and staff. (3) Revitalizing institutions of higher education in the Gulf Coast region will be a vital element in attracting middle and upper income families back to the Gulf Coast region, and in ensuring sustained economic recovery to the region's lower income families. (4) Revitalizing the Gulf Coast economy will depend on providing a highly skilled workforce. (5) The return of qualified academic professionals and administrators is a vital element in the revitalization of affected institutions of higher education in the Gulf Coast region. (6) Students from throughout the Nation who attend institutions of higher education in the Gulf Coast region, and their families, contribute significantly to the local economy. (7) Many of the scientific, health, technology, and cultural industries of the Gulf Coast region are dependant on local institutions of higher education. (8) Hundreds of other institutions of higher education throughout America and their students are accommodating victims of the Gulf hurricane disasters. (b) Sense of Congress.--It is the sense of Congress that the assistance provided under this Act to revitalize affected institutions of higher education in the Gulf Coast region is a first step toward revitalizing and restoring the economic, social, and cultural prosperity of the entire Gulf Coast region. SEC. 3. INSTITUTIONAL GRANTS FOR RECRUITMENT AND RETENTION. (a) Purpose.--The purpose of this section is to support affected institutions of higher education in their efforts to revitalize their communities following the Gulf hurricane disasters. (b) Program Authorized.-- (1) Authority.--The Secretary shall award grants to institutions of higher education adversely affected by a Gulf hurricane disaster to assist the affected institutions in recruiting and retaining students and retaining faculty. The Secretary shall award grants under this Act as soon as possible, but no later than 6 months after the date of the enactment of this Act. (2) Duration; limitation.--Each grant awarded to an affected institution under this section shall be awarded for a period of 5 years, and may not be renewed. An affected institution may not receive more than one grant under this section. (3) Use of funds.-- (A) Aid to students.--Not less than 50 percent of the funds made available by a grant under this section shall be used by an affected institution to provide need-based aid to students attending the affected institution for academic year 2005-2006, and each of the 4 succeeding academic years, for purposes of attracting new and returning students to enroll in such affected institution. Such need-based aid may include-- (i) assisting enrolled students with tuition, fees, and textbook expenses; (ii) employing enrolled students to assist in rebuilding facilities of the affected institution; (iii) providing room and board assistance for enrolled students living on campus; (iv) attracting and retaining first- generation students, minority students, and other at-risk or underserved populations; (v) creating innovative work and study incentives for enrolled students; and (vi) any other aid deemed necessary by the institution and approved by the Secretary. (B) Incentives for faculty.--Not more than 50 percent of the funds made available by a grant under this section shall be used by an affected institution to provide incentives for faculty employed by an affected institution to remain in the Gulf Coast region at such affected institution or, if such affected institution is unable to continue to employ such faculty, at another affected institution. Such incentives may include-- (i) employing returning faculty to assist in rebuilding facilities of the affected institution; (ii) developing and providing temporary housing for returning faculty and their dependents who have been displaced from their homes; (iii) continuing salaries and health benefits for returning faculty for up to one year; (iv) providing tuition assistance for returning faculty and their dependents; (v) creating innovative work and research incentives for returning faculty; and (vi) any other incentives deemed necessary by the institution and approved by the Secretary. (C) Institutional promotion.--Not more than 5 percent of the funds made available by a grant under this section shall be used by an affected institution to promote the institution at job and college fairs, and through the media. (4) Prevailing wages.--Wages paid, for purposes of rebuilding an affected institution's facilities under paragraph (3)(A)(ii) or paragraph (3)(B)(i), to students or faculty in whole or in part with grant funds received under this section for employment as laborers, mechanics, or service employees shall be paid at rates not less than those prevailing in the locality as determined by the Secretary of Labor in accordance with sections 3141, 3142, and 3145 of title 40, United States Code or section 351 of title 41, United States Code, as the case may be. Notwithstanding any other provision of law, the requirements of this paragraph shall not be waived or suspended. (c) Applications.--An institution of higher education desiring a grant under this section shall submit an application to the Secretary within 90 days of the date of enactment of this Act, in such manner, and accompanied by such information as the Secretary may require. Each application shall-- (1) demonstrate that the institution is an affected institution as defined in section 6; (2) specify the amount of grant funds requested; (3) demonstrate the need of the institution for such grant by including in the application-- (A) evidence that, as a result of a Gulf hurricane disaster, the institution suffered a direct and significant economic impact and a decline in student enrollment, hindering the institution's ability to continue full operation; (B) evidence that, as a result of a Gulf hurricane disaster, the institution lost resources necessary to retain faculty, hindering the institution's ability to continue full operation; (C) an assessment of damage to the infrastructure of the institution as a result of a Gulf hurricane disaster; (D) information regarding additional needs created by a Gulf hurricane disaster; and (E) other relevant data; and (4) contain a description of the institution's plan to carry out the purposes of this section. (d) Priority.--The Secretary shall give priority in awarding grants under this section to affected institutions most in need, as determined by the Secretary. (e) Reporting Requirements; Reviews.-- (1) Reports.--Each affected institution receiving a grant under this section shall report to the Secretary no later than September 30 of each year of the 5-year period for which the grant is awarded. (2) Contents.--The report shall include-- (A) data on the populations served under this section; (B) a description of the use of the grant funds received under this section, including a description of programs developed with such funds; (C) a financial statement accounting for the use of the grant funds; and (D) data on the impact of the grant on enrollment and retention at the institution, including data on the numbers and percentages of new and returning students, and the number and percentage of faculty that have been retained. (3) Reviews.--The Secretary shall conduct periodic reviews to ensure that grant funds are being properly managed, and that the programs using such funds are achieving their intended outcomes. (f) Availability of Funds.--There shall be available to the Secretary to carry out this section, from funds not otherwise appropriated, $3,000,000,000 for fiscal year 2006, which shall remain available through fiscal year 2010. SEC. 4. LOAN FORGIVENESS. (a) Statement of Purpose.--The purpose of this section is to encourage students to continue attending, and to earn degrees from, affected institutions of higher education. (b) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1040), and of canceling the obligation to repay a qualified loan amount for a loan made under part D or E of such title IV, in accordance with subsection (c), for any borrower, who-- (1) returns to or enrolls in an affected institution of higher education in academic year 2005-2006, 2006-2007, or 2007-2008; (2) obtains an associate's degree or a bachelor's degree from such institution; and (3) is not in default on a loan for which the borrower seeks forgiveness. (c) Qualified Loan Amount.-- (1) Associate's degree.--Upon completion of an associate's degree from an affected institution, the Secretary shall repay-- (A) in the case of a full-time student, $2,500 for each academic year of enrollment at such affected institution; or (B) in the case of a student enrolled less than full-time, $2,500 for the equivalent of one academic year of enrollment as a full-time student at such affected institution, as determined by the Secretary; not to exceed $5,000. (2) Bachelor's degree.--Upon completion of a bachelor's degree from an affected institution, the Secretary shall repay-- (A) in the case of a full-time student, $2,500 for each academic year of enrollment at such affected institution; or (B) in the case of a student enrolled less than full-time, $2,500 for the equivalent of one academic year of enrollment as a full-time student at such affected institution, as determined by the Secretary; not to exceed $10,000. (3) Limitation.--The Secretary shall repay not more than the total outstanding federal loan obligation of the student, or $10,000, whichever is less. (4) Prevention of abuse.--The Secretary is authorized to issue such regulations as may be necessary to prevent borrowers from receiving repayment under this section for an excessive period of enrollment in comparison to the enrollment period which the Secretary determines is appropriate to obtain an associate's or a bachelor's degree. (5) Academic year of enrollment.--For the purpose of calculating loan repayment under this section, the term ``academic year of enrollment'' means the academic year in which an affected institution reopens, or any subsequent academic year. (d) Priority.--The Secretary shall give priority in awarding grants under this section to students most in need, as determined by the Secretary. (e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. (f) Availability of Funds.--There shall be available to the Secretary to carry out this section, from funds not otherwise appropriated, $1,600,000,000 for fiscal year 2006, which shall remain available through fiscal year 2013. SEC. 5. REGULATIONS. The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this Act. SEC. 6. EMERGENCY DESIGNATIONS. Sections 3 and 4 of this Act are designated as emergency requirements pursuant to section 402 of H. Con. Res. 95 (109th Congress). SEC. 7. DEFINITIONS. For the purposes of this Act: (1) Affected institution.--The term ``affected institution'' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002))-- (A) located in an area affected by a Gulf hurricane disaster; and (B) that was forced to close, relocate, or significantly curtail its activities as a result of damage directly sustained by a Gulf hurricane disaster. (2) Faculty.--The term ``faculty'' means academic professionals, administrators, and staff employed by an affected institution-- (A) in the case of an institution located in an area affected by Hurricane Katrina, as of August 29, 2005; or (B) in the case of an institution located in an area affected by Hurricane Rita, as of September 24, 2005. (3) Gulf hurricane disaster.--The term ``Gulf hurricane disaster'' means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and that was caused by Hurricane Katrina or Hurricane Rita. (4) Area affected by a gulf hurricane disaster.--The term ``area affected by a Gulf hurricane disaster'' means a county or parish, in an affected State, that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita. (5) Affected state.--The term ``affected State'' means the State of Alabama, Louisiana, Mississippi, or Texas.

Summary: Gulf Coast College Revitalization Act - Expresses the sense of Congress that the assistance provided under this Act to revitalize institutions of higher education (IHE) affected by Hurricane Katrina or Hurricane Rita is a first step toward revitalizing and restoring the economic, social, and cultural prosperity of the entire Gulf Coast region. Directs the Secretary (of Education) to award grants to IHEs adversely affected by a Gulf hurricane disaster to assist the affected institutions in recruiting and retaining students and retaining faculty. Directs the Secretary to assume or cancel repayment obligations for qualified loan amounts under specified student loan programs under the Higher Education Act of 1965 for certain borrowers who return to or enroll in such affected IHEs in academic years 20052006, 20062007, or 20072008, and obtain associates or bachelors degrees from such IHEs. Designates such provisions for institutional grants and student loan forgiveness under this Act as emergency requirements pursuant to specified budget provisions of H. Con. Res. 95 of the 109th Congress.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Conservation Act of 2010''. SEC. 2. HOME ENERGY CONSERVATION BONDS. (a) In General.--Subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 54G. HOME ENERGY CONSERVATION BONDS. ``(a) Home Energy Conservation Bond.--For purposes of this subchapter, the term `home energy conservation bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used to make qualified residential energy efficiency assistance grants and loans, ``(2) not less than 20 percent of the available project proceeds of such issue are to be used to make qualified low- income residential energy efficiency assistance grants and loans, ``(3) not less than 10 percent of the available project proceeds of such issue are to be used to make qualified very low-income residential energy efficiency assistance grants, ``(4) repayments of principal and applicable interest on financing provided by the issue are used not later than the close of the 3-month period beginning on the date the prepayment (or complete repayment) is received to redeem bonds which are part of the issue or to make qualified residential energy efficiency assistance grants and loans, ``(5) the bond is issued by a State or local government, and ``(6) the issuer designates such bond for purposes of this section. ``(b) Limitation on Amount of Bonds Designated.--The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under subsection (d) to such issuer. ``(c) National Limitation on Amount of Bonds Designated.--There is a national home energy conservation bond limitation of $2,400,000,000. ``(d) Allocations.-- ``(1) In general.--The limitation under subsection (c) shall be allocated by the Secretary among the States in proportion to the population of the States. ``(2) Allocations to largest local governments.-- ``(A) In general.--In the case of any State in which there is a large local government, each such local government shall be allocated a portion of such State's allocation which bears the same ratio to the State's allocation (determined without regard to this subparagraph) as the population of such large local government bears to the population of such State. ``(B) Allocation of unused limitation to state.-- The amount allocated under this subsection to a large local government may be reallocated by such local government to the State in which such local government is located. ``(C) Large local government.--For purposes of this section, the term `large local government' means any municipality or county if such municipality or county has a population of 500,000 or more. ``(e) Qualified Residential Energy Efficiency Assistance Grants and Loans.--For purposes of this section-- ``(1) In general.--Qualified residential energy efficiency assistance grants and loans are any grant or low-interest loan, as the case may be, to acquire (including reasonable installation and testing costs) any of the following: ``(A) Any property which meets (at a minimum) the requirements of the Energy Star program and which is to be installed in a dwelling unit. ``(B) Any property not described in subparagraph (A) which meets (at a minimum) the requirements of the Water Sense program and which is to be installed in a dwelling unit. ``(C) Any improvements to a dwelling unit which are made pursuant to a plan which-- ``(i) is developed by a Residential Energy Services Network (RESNET), Building Performance Institute (BPI), or equivalent, energy efficiency expert, and ``(ii) is certified by such energy efficiency expert (based on testing done before and after such improvements) as resulting in at least a 20 percent reduction in total household energy consumption related to heating, cooling, lighting, and appliances. For purposes of this subparagraph, improvements to a dwelling unit for basic health and safety may be taken into account to the extent that such improvements do not exceed 10 percent of the value of the grant or loan and are required under State or local law as a condition of making the other improvement described in this subparagraph. ``(2) Dollar limitations.-- ``(A) Dwelling unit improvements.-- ``(i) In general.--Such term shall not include any grant or loan for improvements described in paragraph (1)(C) with respect to any dwelling unit to the extent that such grant or loan (when added to all other grants or loans for such improvements) exceeds $5,000. ``(ii) Increased limitation for certain principal residences.--In the case of a dwelling unit which is used as a principal residence (within the meaning of section 121) by the recipient of the grant or loan referred to in clause (i)-- ``(I) clause (i) shall be applied by substituting `$12,000' for `$5,000' if such grant or loan would satisfy the requirements of paragraph (1)(C) if such paragraph were applied by substituting `40 percent' for `20 percent', and ``(II) in any case to which subclause (I) does not apply, clause (i) shall be applied by substituting `$8,000' for `$5,000' if such grant or loan would satisfy the requirements of paragraph (1)(C) if such paragraph were applied by substituting `30 percent' for `20 percent'. ``(iii) Increased limitation for cash positive loans.--In the case of a dwelling unit which is used as a principal residence (within the meaning of section 121) by the recipient of a loan with respect to which the reduced energy costs which result from the improvements described in paragraph (1)(C) exceed the payments required under the terms of the loan-- ``(I) clause (i) shall be applied by substituting `$12,000' for `$5,000', and ``(II) clause (ii) shall not apply. ``(B) Reduction in water consumption.--Such term shall not include any grant or loan for property described in paragraph (1)(B) with respect to any dwelling unit to the extent that such grant or loan (when added to all other grants or loans for such property) exceeds $500. ``(3) Low-interest loan.--The term `low interest loan' means any loan which charges interest at a rate which does not exceed the applicable Federal rate in effect under section 1288(b)(1) determined as of the issuance of the loan. ``(4) Exclusion of certain property.--The following property shall not be taken into account for purposes of paragraph (1): ``(A) Any equipment used in connection with a swimming pool, hot tub, or similar property. ``(B) Any television. ``(C) Any device for converting digital signal to analog. ``(D) Any DVD player. ``(E) Any video cassette recorder (VCR). ``(F) Any audio equipment. ``(G) Any cordless phone. ``(H) Any other item of property where there is substantial recreational use. ``(f) Qualified Low-Income Residential Efficiency Assistance Grants and Loans.-- ``(1) In general.--Qualified low-income residential energy efficiency assistance grants and loans are any qualified residential energy efficiency assistance grant or loan, as the case may be, with respect to a dwelling unit which is occupied (at the time of the grant or loan) by individuals whose income is 100 percent or less of area median gross income. Rules similar to the rules of section 142(d)(2)(B) shall apply for purposes of this paragraph. ``(2) Restriction to grants and very low interest loans.-- Such term shall not include any loan unless the rate of interest on such loan does not exceed the excess of-- ``(A) the applicable Federal rate in effect under section 1288(b)(1) determined as of the issuance of the loan, over ``(B) 100 basis points. ``(g) Qualified Very Low-Income Residential Efficiency Assistance Grants.--For purposes of this section, qualified very low-income residential energy efficiency assistance grants are any qualified low- income residential energy efficiency assistance grant with respect to a dwelling unit which is occupied (at the time of the grant) by individuals whose income is 50 percent or less of area median gross income. Rules similar to the rules of section 142(d)(2)(B) shall apply for purposes of this paragraph. ``(h) Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable interest.--The term `applicable interest' means, with respect to any loan, so much of any interest on such loan which exceeds 1 percentage point. ``(2) Special rule relating to arbitrage.--An issue shall not be treated as failing to meet the requirements of section 54A(d)(4)(A) by reason of any investment of available project proceeds in qualified residential energy efficiency assistance loans. ``(3) Exclusion of administrative expenses.--The amount treated as used to make any grant or loan described in this section shall not exceed the amount of such grant or loan. ``(4) Population.--The population of any State or local government shall be determined as provided in section 146(j) for the calendar year which includes the date of the enactment of this section. ``(5) Reporting.-- ``(A) Reports by issuers.--Issuers of home energy conservation bonds shall, not later than 6 months after the expenditure period (as defined in section 54A) and annually thereafter until the last such bond is redeemed, submit reports to the Secretary regarding such bonds, including information regarding-- ``(i) the number and monetary value of loans and grants provided and the purposes for which provided, ``(ii) the number of dwelling units the energy efficiency of which improved as result of such loans and grants, ``(iii) the types of property described in subparagraphs (A) and (B) of subsection (e)(1) installed as a result of such loans and grants and the projected energy savings with respect to such property, and ``(iv) the projected energy savings as a result of such loans and grants for improvements described in subsection (e)(1)(C). ``(B) Report to congress.--Not later than 12 months after receipt of the first report under subparagraph (A) and annually thereafter until the last such report is required to be submitted, the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall submit a report to Congress regarding the bond program under this section, including information regarding-- ``(i) the aggregate of each category of information described in subparagraph (A) (including any independent assessment of projected energy savings), and ``(ii) an estimate of the amount of greenhouse gas emissions reduced as a result of such bond program.''. (b) Treatment as a Specified Tax Credit Bond for Purposes of Direct Payment Provisions.--Subparagraph (A) of section 6431(f)(3) of such Code is amended by striking ``or'' at the end of clause (iii), by striking ``and'' at the end of clause (iv) and inserting ``or'', and by adding at the end the following new clause: ``(v) a home energy conservation bond (as defined in section 54G), and''. (c) Conforming Amendments.-- (1) Paragraph (1) of section 54A(d) of such Code is amended by striking ``or'' at the end of subparagraph (D), by inserting ``or'' at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: ``(F) a home energy conservation bond,''. (2) Subparagraph (C) of section 54A(d)(2) of such Code is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by adding at the end the following new clause: ``(vi) in the case of a home energy conservation bond, a purpose specified in section 54G(a)(1).''. (3) The table of sections for subpart I of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 54G. Home energy conservation bonds.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Summary: Home Energy Conservation Act of 2010 - Amends the Internal Revenue Code to allow the issuance of tax-exempt home energy conservation bonds to finance qualified residential energy efficiency assistance grants and loans and extend such grants and loans to low and very-low income taxpayers. Imposes a national home energy conservation bond limitation amount of $2.4 billion and allocates such amount to states in proportion to state population. Defines "qualified residential energy efficiency assistance grants and loans" as any grant or loan to acquire: (1) any property which meets (at a minimum) the requirements of the Energy Star program or the Water Sense program and which is to be installed in a dwelling unit; and (2) any improvement to a dwelling unit made under a plan which is developed by a Residential Energy Services Network, Building Performance Institute, or equivalent energy efficiency expert and is certified by such expert as resulting in at least a 20% reduction in total household energy consumption related to heating, cooling, lighting, and appliances. Imposes dollar limitations on such grants and loans and excludes certain types of property from such grant and loan program, including equipment used in connection with a swimming pool or hot tub, any television, any device for converting a digital signal to analog, any DVD player, video cassette recorder, audio equipment, cordless phone, or other property where there is a substantial recreational use.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Wetlands Jurisdiction Act of 2005''. SEC. 2. STATEMENT OF PURPOSES. The purposes of this Act are-- (1) to clarify the jurisdiction of the Federal Government over waters of the United States in light of the decision of the Supreme Court in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), so that, consistent with the States' traditional and primary power over land and water use, waters such as isolated wetlands that do not have a significant nexus with traditional navigable waters are not subject to Federal jurisdiction, but remain subject to regulation by the States; (2) to provide consistency throughout the Nation in determining the jurisdiction of the Federal Government over waters of the United States; (3) to consolidate in one Federal agency the administrative authority of the Federal Government to determine, in accordance with this Act, the waters of the United States subject to the jurisdiction of the permitting program established by section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); and (4) to protect the right of States to regulate wetlands and other waters within their jurisdiction. SEC. 3. FEDERAL JURISDICTION. Section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) is amended-- (1) by striking ``(a) The Secretary'' and inserting the following: ``(a) Issuance of Permits.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) Jurisdiction.-- ``(A) In general.--Waters of the United States, including the territorial seas, shall be subject to the jurisdiction of the permitting program established by this section if the waters are-- ``(i) navigable; ``(ii) connected to navigable waters through a continuous, naturally occurring surface water connection; or ``(iii) wetlands adjacent to waters described in clause (i) or (ii). ``(B) Included waters.--For purposes of subparagraph (A)(ii) waters shall be considered to be connected to navigable waters by a continuous, naturally occurring surface water connection if the waters are connected by perennial or intermittent streams that contribute flow to navigable waters, including perennial or intermittent streams that have been restored, relocated, or channelized on the surface or that flow through culverts. ``(C) Excluded waters.-- ``(i) In general.--For purposes of subparagraph (A)(ii), waters shall not be considered to be connected to navigable waters by a continuous, naturally occurring surface water connection if the waters are connected by-- ``(I) sheet flow; ``(II) ephemeral waters, ground water, manmade ditches, or pipelines; or ``(III) a municipal separate storm sewer system or any other point source regulated under section 402, including a State program approved under section 402(b). ``(ii) Treatment of connecting waters.--The connecting waters described in clause (i) shall not be subject to the jurisdiction of the permitting program established by this section. ``(iii) Fastlands.--Fastlands shall not be subject to the jurisdiction of the permitting program established by this section.''. SEC. 4. STATUTORY CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to preclude or deny the right of any State or interstate agency to control the discharge of dredged or fill material in any portion of the wetlands or other waters within the jurisdiction of such State, including any activity of any Federal agency. SEC. 5. SINGLE AGENCY IMPLEMENTATION. Section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) is further amended by adding the following: ``(3) Authority of secretary.--Beginning on the date of enactment of this paragraph, the Secretary shall have sole administrative authority to determine, in accordance with this Act, the waters of the United States subject to the jurisdiction of the permitting program established by this section.''. SEC. 6. DETERMINATION OF JURISDICTION. Section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) is further amended by adding the following: ``(4) Request for determination.--A person who holds an ownership interest in property, or who has written authorization from such person, may submit to the Secretary a request identifying the property and requesting the Secretary to determine the presence or absence of waters of the United States subject to the jurisdiction of the permitting program established by this section. The person making the request may limit the request to a determination of the presence or absence of any of the waters described in paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii). ``(5) Requests for additional information.--Not later than 30 days after the date of receipt of a request under paragraph (4), the Secretary may make one request for such additional information as may be necessary to make the jurisdiction determination. ``(6) Determination and notification by the secretary.--Not later that 90 days after the date of receipt of a request under paragraph (4), or not later than 60 days after the date of receipt of additional information provided under paragraph (5), whichever is later, the Secretary shall-- ``(A) make a jurisdictional determination for the waters described in the request; and ``(B) provide written notification of the jurisdictional determination to the person submitting the request, together with written documentation of the determination and a written basis for the determination. ``(7) Authority to seek immediate judicial review.-- ``(A) In general.--Any person authorized under paragraph (4) to request a jurisdictional determination for property may-- ``(i) seek judicial review of any such jurisdictional determination, or injunctive relief in the case of a failure to make a determination, in the United States District Court for the district in which the property is located; or ``(ii) proceed under the administrative appeals process established under this section. ``(B) Waters subject to review.--Judicial review, injunctive relief, or administrative appeal under subparagraph (A) may be sought for any of the waters described in paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii), as specified in the request made under paragraph (4). ``(C) Judicial review following administrative appeals.--Any person who elects to proceed under the administrative appeals process shall retain the right to seek in the United States District Court for the district in which the property is located judicial review of the final decision of the Secretary under the administrative appeals process.''. SEC. 7. DEFINITIONS. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is further amended by adding at the end the following: ``(v) Definitions.--In this section, the following definitions apply: ``(1) Adjacent wetlands.--The term `adjacent wetlands' means wetlands that are physically touching (abutting or contiguous to) a water described in subsection (a)(2)(A)(i) or (a)(2)(A)(ii). Wetlands separated by a riverbank from which river water overflows into the wetlands annually or biannually are adjacent wetlands for purposes of this section. ``(2) Culvert.--The term `culvert' means a pipe or structure that conveys perennial or intermittent streams from one side of a linear structure, such as a roadway, to the other side. ``(3) Fastlands.--The term `fastlands' means areas located within legally constituted manmade structures, such as levees and dikes, constructed and maintained to permit the utilization of the areas for commercial, industrial, or residential purposes consistent with local land use planning requirements. ``(4) Navigable.--The term `navigable' means a water that is presently used, or is susceptible to use, in its natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to its ordinary highwater mark, including all waters that are subject to the ebb and flow of the tide shoreward to their mean highwater mark. ``(5) Sheet flow.--The term `sheet flow' means non- channelized water flowing over upland. ``(6) Wetlands.--The term `wetlands' means those lands that have a predominance of hydric soils and that are inundated or saturated by surface water or ground water at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.''.

Summary: Federal Wetlands Jurisdiction Act of 2005 - Amends the Federal Water Pollution Control Act to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material (permitting program) if such waters are: (1) navigable; (2) connected to navigable waters through a continuous, naturally occurring surface water connection; or (3) wetlands adjacent to such navigable or connected waters. States that waters are considered connected to navigable waters for purposes of this Act if connected by perennial or intermittent streams that contribute flow to navigable waters. Excludes from the definition those waters connected by: (1) sheet flow (non-channelized water flowing over upland); (2) ephemeral waters, ground water, manmade ditches, or pipelines; or (3) a municipal separate storm sewer system or any other regulated point source. Excludes fastlands (areas located behind legally constituted manmade structures) from the jurisdiction of the permitting program. Grants sole authority to the Secretary of the Army to determine the waters subject to the jurisdiction of the permitting program. Sets forth procedures whereby property owners, or those with written authorization from such owners, may: (1) request that the Secretary determine jurisdiction under this Act and thereafter seek judicial review or injunctive relief; or (2) proceed under the administrative appeals process.


SECTION 1. SHORT TITLE. This Act may be cited as the ``West Nile Virus and Arboviral Disease Act''. SEC. 2. TEMPORARY PROGRAM FOR WEST NILE VIRUS AND RELATED ARBOVIRAL DISEASES. Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended-- (1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and (2) by inserting after subsection (a), the following: ``(b) Temporary Program for West Nile Virus and Related Arboviral Diseases.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States for the prevention and control of West Nile Virus and related arboviral diseases. States that receive grants under this subsection are encouraged to work with local health entities to develop prevention and control programs. ``(2) Preference in making grants.--In awarding grants under paragraph (1), the Secretary may give preference to State that-- ``(A) have an incidence or prevalence of West Nile Virus or related arboviral diseases, or a population of infected mosquitoes, that is substantial relative to other States; or ``(B) have an increased risk of West Nile Virus or related arboviral diseases. ``(3) Use of funds.--Funds made available under a grant under this subsection shall be used for-- ``(A) the development, implementation, and evaluation by States and localities of community-based, comprehensive mosquito control plans, based upon the guidelines developed under paragraph (7); and ``(B) the development and implementation of programs on medical entomology, arbovirology, and other vector-borne diseases, that would support longer term prevention and control efforts, including training to assist in developing a competent workforce to direct and manage local mosquito and vector-borne disease control programs. ``(4) Matching funds and limitation on supplanting.-- ``(A) In general.--To be eligible to receive a grant under this subsection a State shall provide assurances to the Secretary that the State shall, with respect to the costs of the program to be carried out by the State under the grant, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of such costs (or $1 for each $1 of Federal funds provided under the grant). ``(B) Determination of amount contributed.--Non- Federal contributions required under subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(C) Supplement not supplant.--Amounts provided under a grant under this subsection shall be used to supplement, and not supplant, State and local funds provided for activities of the type funded under this subsection. ``(D) Waiver.--The Secretary may waive the requirements of subparagraph (A) with respect to a State if the Secretary determines that extraordinary economic conditions in the State justify such a waiver. ``(5) Local involvement.-- ``(A) In general.--A State that receives funds under this subsection shall, to the extent practicable, involve localities in the planning, implementation, and evaluation of community-based, comprehensive mosquito control plans. ``(B) Local public health improvement.--A State that receives a grant under this subsection shall ensure that not less than 85 percent of the amount received under the grant is expended at the local level or for local public health improvement related to the West Nile Virus or related arboviral diseases. ``(6) Technical assistance.-- ``(A) In general.--Amounts appropriated to carry out this subsection may be used to expand the capability of the Centers for Disease Control and Prevention to provide technical support to State and local health departments in the implementation and evaluation of mosquito control programs and the containment of relevant arboviral diseases. Such technical assistance may include the development of guidelines, as described in paragraph (7). ``(B) Limitation.--Not to exceed 20 percent of the amount appropriated to carry out this subsection for a fiscal year may be used as provided for under subparagraph (A). ``(7) Mosquito abatement guidelines.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with public and private health and mosquito control organizations, shall provide for the development of a plan, together with standard operating procedures, to serve as a guideline for State and local communities for the development, implementation, and evaluation of sustainable, locally managed, integrated mosquito control programs. The elements of such guidelines shall be limited to those functions determined as appropriate by the Director for building the public health infrastructure. Such guidelines should include programs to-- ``(A) identify new human cases of disease; ``(B) track the spread of disease through monitoring infection in mosquitoes, birds, horses, and any other creatures that may be involved; ``(C) provide laboratory support for testing; ``(D) increase participation in the existing surveillance system for arboviruses; ``(E) provide for the conduct of educational and public outreach campaigns to reduce exposure to arboviruses; and ``(F) outline appropriate procedures for mosquito control and for monitoring possible health or environmental effects. ``(8) Evaluation.-- ``(A) In general.--The Secretary shall conduct an evaluation of the program established under this subsection. ``(B) Report.--Not later than 18 months after the date of enactment of the West Nile Virus and Arboviral Disease Act, the Secretary shall submit to Congress a report concerning the program established under this subsection, that shall include-- ``(i) the results of the evaluation conducted under subparagraph (A); ``(ii) information related to the development of a sustainable mosquito abatement program for those States that have received funds under this subsection; ``(iii) a description of the progress made in the development and implementation of the guidelines under paragraph (7); and ``(iv) an evaluation of the overall costs and benefits of the program established under this subsection. ``(9) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2003 and 2004. In the case of control programs carried out in response to the West Nile Virus or related arboviruses that constitute a public health emergency, the authorization of appropriations under the preceding sentence is in addition to applicable authorizations under the Public Health Security and Bioterrorism Response Act of 2002 (or the amendments made by such Act). ``(10) Termination.--The program established under this subsection shall terminate on September 30, 2004, except that the Secretary, based on the evaluation conducted under paragraph (6), may extend such program for an additional fiscal year.''. SEC. 3. RESEARCH PROGRAM. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following: ``SEC. 249. ARBOVIRUS RESEARCH PROGRAM. ``(a) In General.--The President shall expand, intensify, and enhance research (either directly or through the awarding of grants or contracts) to-- ``(1) identify or develop methods of controlling the population of insects that transmit to humans diseases that have significant adverse health consequences (including the West Nile Virus); ``(2) develop rapid screening tools for West Nile Virus in blood or organs; ``(3) develop pathogen inactivation technologies (technologies that safely and cost-effectively remove RNA and DNA from blood); and ``(4) develop additional methodologies for containing the spread of the West Nile Virus or other related arboviruses. ``(b) Scope of Activities.--Activities under subsection (a)(1) may include examining methodologies that have been used or are being used to control insect populations as well as developing new methodologies. ``(c) Entities Involved.--Activities under subsection (a) may be carried out through the National Institute of Environmental Health Sciences, other Institutes at the National Institutes of Health, the Environmental Protection Agency, the Centers for Disease Control and Prevention. the Food and Drug Administration, or any other relevant Federal Government entity. To the extent practicable, in carrying out this section, the President shall promote coordination between the relevant Federal agencies, the private sector, and individuals and organizations with appropriate expertise including expertise in public health, entomology, arbovirology, and veterinary health. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2003 through 2007.''.

Summary: West Nile Virus and Arboviral Disease Act - Amends the Public Health Service Act to establish a temporary program for West Nile Virus and related arboviral diseases, which may include grants by the Secretary of Health and Human Services to States for the prevention and control of such diseases. Directs grant funds to be used for: (1) the development, implementation, and evaluation by States and localities of community-based, comprehensive mosquito control plans; and (2) the development and implementation of programs on medical entomology, arbovirology, and other vector-borne diseases. Includes a 50 percent matching requirement for such grants.Requires 85 percent of grant funds to any State to be expended locally.Directs the Secretary, acting through the Director of the Centers for Disease Control and Prevention and with appropriate consultation, to develop a plan, together with standard operating procedures, to serve as a guideline for State and local mosquito control programs. Sets forth elements that such plan should include, including programs to: (1) identify new human cases of disease; and (2) provide laboratory support for testing. Sets a termination date of September 30, 2004, for the temporary program.Directs the President to expand, intensify, and enhance research for various activities, including to: (1) identify and develop methods of controlling the population of insects that transmit to humans diseases that have significant adverse health consequences (including the West Nile Virus); and (2) develop rapid screening tools for West Nile Virus in blood or organs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Review Freedom Act of 2015''. SEC. 2. CONSUMER REVIEW PROTECTION. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered communication.--The term ``covered communication'' means a written, oral, or pictorial review, performance assessment of, or other similar analysis of, including by electronic means, the goods, services, or conduct of a person by an individual who is party to a form contract with respect to which such person is also a party. (3) Form contract.-- (A) In general.--Except as provided in subparagraph (B), the term ``form contract'' means a contract with standardized terms-- (i) used by a person in the course of selling or leasing the person's goods or services; and (ii) imposed on an individual without a meaningful opportunity for such individual to negotiate the standardized terms. (B) Exception.--The term ``form contract'' does not include an employer-employee or independent contractor contract. (4) Pictorial.--The term ``pictorial'' includes pictures, photographs, video, illustrations, and symbols. (b) Invalidity of Contracts That Impede Consumer Reviews.-- (1) In general.--Except as provided in paragraphs (2) and (3), a provision of a form contract is void from the inception of such contract if such provision-- (A) prohibits or restricts the ability of an individual who is a party to the form contract to engage in a covered communication; (B) imposes a penalty or fee against an individual who is a party to the form contract for engaging in a covered communication; or (C) transfers or requires an individual who is a party to the form contract to transfer to any person any intellectual property rights in review or feedback content, with the exception of a non-exclusive license to use the content, that the individual may have in any otherwise lawful covered communication about such person or the goods or services provided by such person. (2) Rule of construction.--Nothing in paragraph (1) shall be construed to affect-- (A) any duty of confidentiality imposed by law (including agency guidance); (B) any civil cause of action for defamation, libel, or slander, or any similar cause of action; (C) any party's right to remove or refuse to display publicly on an Internet website or webpage owned, operated, or otherwise controlled by such party any content of a covered communication that-- (i) contains the personal information or likeness of another person or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (ii) is unrelated to the goods or services offered by or available at such party's Internet website or webpage; or (iii) is clearly false or misleading; or (D) a party's right to establish terms and conditions with respect to the creation of photographs or video of such party's property when those photographs or video are created by an employee or independent contractor of a commercial entity and solely intended for commercial purposes by that entity. (3) Exceptions.--Paragraph (1) shall not apply to the extent that a provision of a form contract prohibits disclosure or submission of, or reserves the right of a person or business that hosts online consumer reviews or comments to remove-- (A) trade secrets or commercial or financial information obtained from a person and considered privileged or confidential; (B) personnel and medical files and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (C) records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (D) content that is unlawful or otherwise meets the requirements of paragraph (2)(C); or (E) content that contains any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications, or files. (c) Prohibition.--It shall be unlawful for a person to offer a form contract containing a provision described as void in subsection (b). (d) Enforcement by Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (c) by a person with respect to which the Commission is empowered under section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (e) Enforcement by States.-- (1) Authorization.--Subject to subparagraph (B), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (c) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person described in subsection (d)(1). (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1) against a person described in subsection (d)(1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (c), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (f) Education and Outreach for Businesses.--Not later than 60 days after the date of the enactment of this Act, the Commission shall commence conducting education and outreach that provides businesses with non-binding best practices for compliance with this Act. (g) Relation to State Causes of Action.--Nothing in this section shall be construed to affect any cause of action brought by a person that exists or may exist under State law. (h) Effective Dates.--This section shall take effect on the date of the enactment of this Act, except that-- (1) subsections (b) and (c) shall apply with respect to contracts in effect on or after the date that is 90 days after the date of the enactment of this Act; and (2) subsections (d) and (e) shall apply with respect to contracts in effect on or after the date that is 1 year after the date of the enactment of this Act. Passed the Senate December 14, 2015. Attest: JULIE E. ADAMS, Secretary.

Summary: Consumer Review Freedom Act of 2015 (Sec. 2) This bill makes a provision of a form contract void from the inception if it: (1) prohibits or restricts an individual who is a party to such a contract from engaging in written, oral, or pictorial reviews, or other similar performance assessments or analyses of, including by electronic means, the goods, services, or conduct of a person that is also a party to the contract; (2) imposes penalties or fees against individuals who engage in such communications; or (3) transfers or requires the individual to transfer intellectual property rights in review or feedback content (with the exception of a nonexclusive license to use the content) in any otherwise lawful communications about such person or the goods or services provided by such person. A "form contract" is a contract with standardized terms: (1) used by a person in the course of selling or leasing the person's goods or services, and (2) imposed on an individual without a meaningful opportunity to negotiate the standardized terms. The definition excludes an employer-employee or independent contractor contract. The standards under which provisions of a form contract are considered void under this Act shall not be construed to affect: legal duties of confidentiality; civil actions for defamation, libel, or slander; or a party's right to establish terms and conditions for the creation of photographs or video of such party's property when those photographs or video are created by an employee or independent contractor of a commercial entity and are solely intended to be used for commercial purposes by that entity. Such standards also shall not be construed to affect any party's right to remove or refuse to display publicly on an Internet website or webpage owned, operated, or controlled by such party content that: (1) contains the personal information or likeness of another person or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (2) is unrelated to the goods or services offered by or available at such party's website; or (3) is clearly false or misleading. A provision shall not be considered void under this Act to the extent that it prohibits disclosure or submission of, or reserves the right of a person or business that hosts online consumer reviews or comments to remove, certain: (1) trade secrets or commercial or financial information; (2) personnel and medical files; (3) law enforcement records; (4) content that is unlawful or that a party has a right to remove or refuse to display; or (5) computer viruses or other potentially damaging computer code, processes, applications, or files. A person is prohibited from offering form contracts containing a provision that is considered void under this Act. Enforcement authority is provided to the Federal Trade Commission (FTC) and states. The FTC must provide businesses with nonbinding best practices for compliance.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurturing And Supporting Healthy Babies Act'' or as the ``NAS Healthy Babies Act''. SEC. 2. GAO REPORT ON NEONATAL ABSTINENCE SYNDROME (NAS). (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance and the Committee on Health, Education, Labor and Pensions of the Senate a report on neonatal abstinence syndrome (in this section referred to as ``NAS'') in the United States. (b) Information To Be Included in Report.--Such report shall include information on the following: (1) The prevalence of NAS in the United States, including the proportion of children born in the United States with NAS who are eligible for medical assistance under State Medicaid programs under title XIX of the Social Security Act at birth and the costs associated with NAS through such programs. (2) The services for which coverage is available under State Medicaid programs for treatment of infants with NAS. (3) The settings (including inpatient, outpatient, hospital-based, and other settings) for the treatment of infants with NAS and the reimbursement methodologies and costs associated with such treatment in such settings. (4) The prevalence of utilization of various care settings under State Medicaid programs for treatment of infants with NAS and any Federal barriers to treating such infants under such programs, particularly in non-hospital-based settings. (5) What is known about best practices for treating infants with NAS. (c) Recommendations.--Such report also shall include such recommendations as the Comptroller General determines appropriate for improvements that will ensure access to treatment for infants with NAS under State Medicaid programs. SEC. 3. EXCLUDING ABUSE-DETERRENT FORMULATIONS OF PRESCRIPTION DRUGS FROM THE MEDICAID ADDITIONAL REBATE REQUIREMENT FOR NEW FORMULATIONS OF PRESCRIPTION DRUGS. (a) In General.--The last sentence of section 1927(c)(2)(C) of the Social Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by inserting before the period at the end the following: ``, but does not include an abuse-deterrent formulation of the drug (as determined by the Secretary), regardless of whether such abuse-deterrent formulation is an extended release formulation''. (b) Effective Date.--The amendment made by subsection (a) shall apply to drugs that are paid for by a State in calendar quarters beginning on or after the date of the enactment of this Act. SEC. 4. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND ABUSE. (a) In General.--Title XI of the Social Security Act is amended by inserting after section 1128J (42 U.S.C. 1320a-7k) the following new section: ``SEC. 1128K. DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND ABUSE. ``(a) Reference to Predictive Modeling Technologies Requirements.-- For provisions relating to the use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children's Health Insurance Program under title XXI, see section 4241 of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m). ``(b) Limiting Disclosure of Predictive Modeling Technologies.--In implementing such provisions under such section 4241 with respect to covered algorithms (as defined in subsection (c)), the following shall apply: ``(1) Nonapplication of foia.--The covered algorithms used or developed for purposes of such section (including by the Secretary or a State (or an entity operating under a contract with a State)) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(2) Limitation with respect to use and disclosure of information by state agencies.-- ``(A) In general.--A State agency may not use or disclose covered algorithms used or developed for purposes of such section except for purposes of administering the State plan (or a waiver of the plan) under the Medicaid program under title XIX or the State child health plan (or a waiver of the plan) under the Children's Health Insurance Program under title XXI, including by enabling an entity operating under a contract with a State to assist the State to identify or prevent waste, fraud, and abuse with respect to such programs. ``(B) Information security.--A State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of covered algorithms used or developed for purposes of such section 4241 and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures described in subparagraph (A). ``(C) Procedural requirements.--State agencies to which information is disclosed pursuant to such section 4241 shall adhere to uniform procedures established by the Secretary. ``(c) Covered Algorithm Defined.--In this section, the term `covered algorithm'-- ``(1) means a predictive modeling or other analytics technology, as used for purposes of section 4241(a) of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children's Health Insurance Program under title XXI; and ``(2) includes the mathematical expressions utilized in the application of such technology and the means by which such technology is developed.''. (b) Conforming Amendments.-- (1) Medicaid state plan requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (A) in paragraph (80), by striking ``and'' at the end; (B) in paragraph (81), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (81) the following new paragraph: ``(82) provide that the State agency responsible for administering the State plan under this title provides assurances to the Secretary that the State agency is in compliance with subparagraphs (A), (B), and (C) of section 1128K(b)(2).''. (2) State child health plan requirement.--Section 2102(a)(7) of the Social Security Act (42 U.S.C. 1397bb(a)(7)) is amended-- (A) in subparagraph (A), by striking ``, and'' at the end and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) to ensure that the State agency involved is in compliance with subparagraphs (A), (B), and (C) of section 1128K(b)(2).''. SEC. 5. MEDICAID IMPROVEMENT FUND. Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w- 1(b)(1)) is amended to read as follows: ``(1) In general.--There shall be available to the Fund, for expenditures from the Fund for fiscal year 2021 and thereafter, $5,000,000.''. Passed the House of Representatives May 11, 2016. Attest: KAREN L. HAAS, Clerk.

Summary: Nurturing and Supporting Healthy Babies Act or the NAS Healthy Babies Act (Sec. 2) This bill requires the Government Accountability Office (GAO) to report on neonatal abstinence syndrome (NAS), which results from a newborn's exposure to addictive opiate drugs while in the mother's womb. Specifically, the GAO shall report on: the prevalence of NAS, NAS treatment services for which coverage is available under state Medicaid programs, the settings and associated reimbursement methodologies for NAS treatment, the prevalence of utilization of various care settings under state Medicaid programs for NAS treatment, any federal barriers to treating infants with NAS under state Medicaid programs, and best practices for treating infants with NAS. The GAO shall also report on its recommendations for improvements that will ensure access to NAS treatment under state Medicaid programs. (Sec. 3) The bill amends title XIX (Medicaid) of the Social Security Act to exclude abuse-deterrent formulations of prescription drugs from the requirement that manufacturers of single-source or innovator drugs pay additional rebates to state Medicaid programs. (Sec. 4) Under current law, the Centers for Medicare & Medicaid Services (CMS) must use predictive modeling and other analytic technologies to identify improper Medicaid claims. The bill prohibits a state agency from using or disclosing such technologies except for purposes of administering a state Medicaid program or Children's Health Insurance Program. A state agency shall have in effect adequate data security and control policies to ensure that access to such information is restricted to authorized persons for authorized uses. (Sec. 5) The bill places $5 million in the Medicaid Improvement Fund to be available beginning in FY2021.