SECTION 1. SHORT TITLE. This Act may be cited as the ``Service for Schools Act of 2015''. SEC. 2. SERVICE FOR SCHOOLS. Subtitle H of title I of the National and Community Service Act of 1990 (42 U.S.C. 12653 et seq.) is amended by adding at the end the following: ``PART VI--NATIONAL SERVICE FOR SCHOOLS ``SEC. 198T. SERVICE OPPORTUNITY REGISTRY. ``(a) Definitions.-- ``(1) Eligible service opportunity.--The term `eligible service opportunity' means a national service opportunity-- ``(A) that achieves purposes specified in section 2(b), including meeting an unmet human, educational, environmental, or public safety need of the United States, without displacing existing (as of the first date of the opportunity) workers, as determined by the Chief Executive Officer; and ``(B) for which-- ``(i) a participant may receive compensation but, except as provided in clauses (ii) and (iii), the total compensation, in the aggregate, shall not exceed the product of-- ``(I) $10.00 per hour; and ``(II) the number of the qualifying hours of service involved; ``(ii) a participant may receive total compensation that exceeds the product described in clause (i), if the excess is subtracted from the amount of the participant's corresponding award under subsection (d); and ``(iii) a participant in a professional corps program described in section 122(c)(1)(D), who is in engaged in a service opportunity that meets human, educational, environmental, or public safety needs in a high-need community with an inadequate number of such professionals, as determined by the Chief Executive Officer, may receive compensation without regard to clauses (i) and (ii). ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) completed 2000 qualifying hours of service when the individual was a qualified student, which hours are recorded by a State Commission under subsection (c); and ``(B) is not older than age 35. ``(3) Qualified student.--The term `qualified student' means an individual who is not younger than age 12 or older than age 30. ``(4) Qualifying hour of service.--The term `qualifying hour of service' means an hour of service performed for an eligible service opportunity and for which the participant did not receive a payment under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.). ``(b) Registry.-- ``(1) In general.--The Corporation shall establish and carry out directly, in partnership with a nonprofit organization or State Commission or through a grant or subgrant to a nonprofit organization or State Commission, activities concerning a Service Opportunity Registry (referred to in this section as the `Registry'), which shall list eligible service opportunities and the registered organizations offering the opportunities. ``(2) Application.--To be eligible to be registered in the Registry, an organization that offers an eligible service opportunity shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require. ``(3) Registry information.--On receipt of an application that meets the requirements of paragraph (2) from an organization that the Chief Executive Officer determines offers an eligible service opportunity, the Corporation shall register the organization by listing in the Registry-- ``(A) the names and contact information for the organization; and ``(B) a description of the eligible service opportunity. ``(4) Web site.--The Corporation shall make the Registry available to the public through a National Service for Schools Web site. ``(5) Re-registration.--Not less often than every 2 years, a listed organization that offers an eligible service opportunity shall re-apply for listing in the Registry. ``(c) Service.-- ``(1) Application.--To be eligible to participate in and receive credit for service in service opportunities listed in the Registry, a qualified student shall submit an application to the student's State Commission, at such time, in such manner, and containing the qualified student's name, the qualified student's contact information, and such other information as the Corporation, after consultation with the State Commissions, may require. ``(2) Designation.--In order for students in a State to participate in and receive credit for that service, the State Commission shall participate in the program carried out under this part. On receipt of an application that meets the requirements of paragraph (1) from a qualified student, the State Commission shall designate the qualified student as eligible to so participate and receive such credit. ``(3) Contact.--A qualified student who wishes to participate in a service opportunity listed in the Registry shall contact and make arrangements with the organization providing the opportunity. ``(4) Record of service.-- ``(A) Organization.--The organization shall record the qualifying hours of service completed by each qualified student who participates in an eligible service opportunity with the organization. ``(B) State commission.--The organization shall, not less often than annually, notify the appropriate State Commission of the number of qualifying hours of service completed by each qualified student on an eligible service opportunity with the organization since the last notification. The State Commission shall record the qualifying hours of service in a record for the qualified student. The State Commission shall make the record available to the Corporation on request. ``(5) Transfer of application and record.--At the request of a qualified student, a State Commission shall transfer to another State Commission the qualified student's application for service under paragraph (1) and record of hours of service under paragraph (4)(B). ``(6) Effect of erroneous certifications.--If the State Commission or the Corporation determines that the organization's record of service under paragraph (4) is erroneous due to a willful act of the organization or is incorrect, and the Corporation makes any associated payment from the National Service Trust due to the erroneous or incorrect record of service, the Corporation may assess against the organization a charge for the amount of the payment. In assessing the amount of the charge, the Corporation shall consider the full facts and circumstances surrounding the erroneous or incorrect recording of hours. ``(d) Awards.-- ``(1) In general.--Subject to appropriations, an eligible student shall receive an award of $10,000 from the National Service for Schools Account, established in section 145A, to be used as described in subsection (f), except that-- ``(A) the eligible student may not receive more than 4 of such awards; and ``(B) the eligible student may not receive both an award under this section and a national service educational award for the same hours of service. ``(2) Application.--An eligible student seeking such an award shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require. ``(e) Credit of Hours of Service for National Service Participants.--A participant who is eligible to receive a national service educational award from the National Service Trust under section 146 may opt to use the hours certified under section 146A towards an award under subsection (d). The Corporation shall establish a process allowing such participants to elect to use their hours certified under section 146A towards that award instead of towards a national service educational award. ``(f) Use of Funds.-- ``(1) In general.--Award funds provided under this section shall be available-- ``(A) to repay eligible student loans in accordance with section 148(b); and ``(B) to pay all or part of the cost of attendance or other educational expenses at an institution of higher education in accordance with section 148(c). ``(2) Application.--For purposes of the application of subsections (b) and (c) of section 148 under paragraph (1), a reference in those subsections-- ``(A) to a national service educational award shall be considered to be a reference to an award under this section; ``(B) to an eligible individual shall be considered to be a reference to an eligible student who has met the requirements for an award under this section; ``(C) to the National Service Trust shall be considered to be a reference to the National Service for Schools Account established in section 145A; ``(D) to a position shall be considered to be a reference to activities under this section; and ``(E) to a term of service shall be considered to be a term of service under this section. ``(g) National Service for Schools Account.-- ``(1) Investment.--The Secretary of the Treasury shall invest in full the amounts appropriated under subsection (i)(1)(B) to the National Service for Schools Account in section 145A. Except as otherwise provided in this section, the only provisions of subtitle D relating to funds in the National Service Trust that apply to amounts in the Account shall be section 145(b) and subsections (b) and (c) of section 148. ``(2) Obligations for awards.--Notwithstanding section 149, the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.), subchapter III of chapter 13 of title 31, United States Code, and any other Federal law, the Corporation shall not record an obligation for an award under this section until such time as the Corporation approves the corresponding application under subsection (d)(2). ``(h) Annual Estimates.--Not later than January 31 of each fiscal year, the Corporation and the Director of the Congressional Budget Office shall jointly-- ``(1) estimate the amount necessary to make award payments under subsection (d) in the next fiscal year; and ``(2) submit a report containing the estimate to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. ``(i) Appropriations.-- ``(1) In general.--There is authorized to be appropriated for a fiscal year-- ``(A) such sums as may be necessary to carry out the Registry under this section; and ``(B) such sums as may be necessary for the National Service for Students Account, to make award payments under subsection (d). ``(2) Insufficient appropriations.--If, for any fiscal year, the funds appropriated for award payments under this part are insufficient to make all the awards for which applications are submitted and approved under subsection (d)(2), the Corporation shall promptly transmit a notice of such insufficiency to each House of Congress, and identify in such notice the additional amount that would be required to be appropriated to make all such awards.''. SEC. 3. ESTABLISHMENT OF THE NATIONAL SERVICE FOR SCHOOLS ACCOUNT. Subtitle D of title I of the National and Community Service Act of 1990 is amended by inserting after section 145 (42 U.S.C. 12601) the following: ``SEC. 145A. NATIONAL SERVICE FOR SCHOOLS ACCOUNT. ``(a) Establishment.--There is established in the National Service Trust a National Service for Schools Account. ``(b) Amounts in the Account.--The Account shall consist of-- ``(1) the amounts appropriated under section 198T(i)(1)(B); ``(2) any amounts received by the Corporation as gifts, bequests, devises, or otherwise pursuant to section 196(a)(2), if the terms of such donations direct that the donated amounts be deposited in the Account; and ``(3) the interest on, and proceeds from the sale or redemption of, any obligations held by the Account. ``(c) Administration.--The Account shall be administered as described in section 198T.''.

Summary: Service for Schools Act of 2015 This bill amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to establish the National Service for Schools Program to carry out activities concerning a Service Opportunity Registry that shall list eligible service opportunities and the registered organizations that offer them. Upon receiving an application from an organization that offers an eligible service opportunity, the Corporation shall register it in a specified manner, including a description of the eligible service opportunity in the Registry. To be eligible to participate in and receive credit for service in a service opportunity listed in the Registry, qualified students must apply to their participating State Commission on National and Community Service. Each organization shall: record the qualifying hours of service completed by each qualified student who participates in a service opportunity; and notify the appropriate State Commission at least annually of the number of qualifying hours of service completed by each qualified student on a service opportunity. Eligible students shall receive an award of $10,000 from the National Services for Schools Account (established by this bill) for use to: repay eligible student loans, or pay all or part of the cost of attendance or other educational expenses at an institution of higher education.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Accuracy in Medicare Physician Payment Act of 2013''. SEC. 2. EXPERT ADVISORY PANEL REGARDING RELATIVE VALUE SCALE PROCESS USED IN MEDICARE PHYSICIAN FEE SCHEDULE. Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395m(c)(2)) is amended by adding at the end the following new subparagraph: ``(M) Use of expert advisory panel regarding relative value scale process used.-- ``(i) In general.--For purposes of providing oversight to the processes (including the process described in subparagraph (K)) relating to valuation of physicians' services, not later than 90 days after the date of the enactment of this subparagraph, the Secretary shall establish and appoint an expert outside advisory panel (in this subparagraph referred to as the `panel'). ``(ii) Composition of panel.--The panel shall be composed of individuals with expertise in the valuation of physicians' services, such as individuals who are medical directors for carriers, experts in medical economics and technology diffusion, and private payer plan representatives, and shall include a mix of physicians in different specialty areas, particularly physicians who are not directly affected by changes in the valuation of physicians' services under this section (such as retired physicians and physicians who are employed by managed care organizations or academic medical centers), as well as representatives of individuals enrolled under this part. ``(iii) Duties.-- ``(I) In general.--The panel shall provide oversight to the processes of identifying, reviewing, and adjusting valuations for physicians' services under this section, including activities described in the succeeding provisions of this clause. ``(II) Establishment of screens.-- The panel may establish screens (in addition to the screens identified under subparagraph (K)(ii)) and other means for identifying physicians' services for which there are potentially misvalued codes for review, such as services that have experienced substantial changes in length of stay, site of service, volume, practice expense, and other factors that may indicate changes in physician work. ``(III) Data collection.--The panel may collect data and develop supporting evidence relating to the valuation of physicians' services. ``(IV) Surveys.--The panel may conduct surveys of suppliers of physicians' services and may conduct time and motion studies relating to such valuations. ``(V) Transmitting codes for review and recommendations.--The panel may transmit with supporting evidence codes for review and recommendations through the means described in subparagraphs (I) through (III) of subparagraph (K)(iii). ``(VI) Evaluation of recommendations submitted.--The panel shall evaluate any recommendations submitted through such means (whether pursuant to the solicitation under subclause (V) or otherwise) and report to the Secretary on such evaluation. The panel's activities under subclauses (III) and (IV) may be conducted directly or through contracts with appropriate, qualified entities. ``(iv) Application of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the panel, except that section 14 of such Act shall not apply. ``(v) Funding.--The Secretary shall provide for the transfer of not to exceed $10,000,000 for each fiscal year (beginning with fiscal year 2014) from the Federal Medical Supplementary Medical Insurance Trust Fund established in section 1841 to the Center for Medicare & Medicaid Services Program Management Account to carry out this subparagraph, including for the management and staffing of the panel and the conduct of activities described in clause (iii).''.

Summary: Accuracy in Medicare Physician Payment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and appoint an expert outside advisory panel for purposes of providing oversight to the processes relating to valuation of physicians' services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Head Start Assessment Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) When used appropriately, valid and reliable assessments can be of positive value for improving instruction and supporting development of young children. (2) According to the National Academy of Sciences report, Eager to Learn: Educating Our Preschoolers, assessment of children below school age is in ``flux'' and ``all assessments, and particularly assessments for accountability, must be used carefully and appropriately if they are to resolve, and not create, educational problems.'' (3) The Eager to Learn report emphasized that the intended purpose and use of the data to be derived from assessments should be considered in determining which assessment instruments and procedures are most appropriate. (4) The National Academy of Sciences reports that few early childhood educators and administrators are well-trained in the selection and appropriate use of assessments for young children. (5) According to the National Academy of Sciences report, From Neurons to Neighborhoods, the emotional and social development of young children is as critical to school readiness as language and cognitive development. (6) The Head Start Act currently requires programs to assess children in Head Start a minimum of three times a year against certain performance standards, which include all domains of the development and learning of children. (7) The proposed Head Start National Reporting System on Child Outcomes assessment is not reflective of the full range of skills and competencies that the National Academy of Sciences reports state children require to succeed, and it has not been thoroughly debated by those groups associated with Head Start, including early childhood development and assessment experts, early childhood educators and administrators, family members of children participating in Head Start, or Congress. SEC. 3. DELAYED IMPLEMENTATION OF ASSESSMENT PROCEDURES IN CONNECTION WITH THE HEAD START NATIONAL REPORTING SYSTEM ON CHILD OUTCOMES. (a) Satisfaction of Conditions.--The Secretary of Health and Human Services shall not proceed with the full-scale implementation of the Head Start National Reporting System on Child Outcomes, as described in the project proposal (68 Fed. Reg. 17815; relating to Implementation of the Head Start National Reporting System on Child Outcomes), until the Secretary certifies to Congress that the following conditions have been satisfied: (1) Oversight hearings.--Congressional oversight hearings have been concluded concerning the development and implementation of the Head Start National Reporting System on Child Outcomes. (2) Public forums.--The Secretary has concluded, consistent with the requirements of subsection (b), public forums in different regions of the United States, and provided an opportunity for written public comments, concerning early childhood assessment proposals. (3) Study on early childhood assessments.--The Secretary has submitted, consistent with subsection (c), to Congress a study of early childhood assessments focusing on improving accountability, instruction, and the delivery of services. The Secretary shall request the National Academy of Sciences to prepare the study using a panel of nationally recognized experts in early childhood assessment, child development, and education. (4) Availability of funds.--Without reducing the number of students served by Head Start, sufficient funds are available to-- (A) develop and implement any new Head Start assessments; and (B) deliver necessary additional technical assistance and professional development required to successfully implement the new assessments. (b) Public Forum Participation.--To satisfy the condition specified in subsection (a)(2), the Secretary shall ensure that participation in the required forums includes-- (1) early childhood development and assessment experts; (2) early childhood educators and administrators; and (3) family members of children participating in Head Start. (c) Information Required by Study on Early Childhood Assessments.-- To satisfy the condition specified in subsection (a)(3), the Secretary shall ensure that the required study contains, at a minimum, specific information regarding the following: (1) Which skills and competencies are predictive of school readiness and future academic success. (2) The development, selection, and use of instruments, determined to be reliable and validated for preschoolers, including preschoolers in the Head Start population, to assess the development in young children of-- (A) literacy, language, and mathematical skills; (B) emotional and social skills; and (C) health and physical well-being. (3) The development of appropriate benchmarks and the proper use of early childhood assessments to improve Head Start program effectiveness and instruction. (4) The resources required for successful implementation of additional assessments within Head Start and how such additional assessments might be coordinated with current processes. (5) Whether a new assessment would provide information to improve program accountability or instruction that is not already available from existing assessments and reporting procedures within Head Start. (6) The professional development and personnel needs for successful implementation of early childhood assessments. (7) The practicality of employing sampling techniques as part of any early childhood assessment. (8) The practicality of employing observational and work- sampling assessment techniques as part of an early childhood assessment. (9) Steps needed to ensure that assessments accommodate the racial, cultural, and linguistic diversity of young children, including young children with disabilities.

Summary: Head Start Assessment Act of 2003 - Prohibits the Secretary of Health and Human Services from proceeding with the full-scale implementation of the Head Start National Reporting System on Child Outcomes, as described in a specified project proposal, until the Secretary certifies to Congress that: (1) congressional oversight hearings have been concluded concerning the development and implementation of the System; (2) the Secretary has concluded public forums in different regions of the United States, and provided an opportunity for written public comments, concerning early childhood assessment proposals; (3) the Secretary has reported to Congress a study by the National Academy of Sciences of early childhood assessments focusing on improving accountability, instruction, and the delivery of services; and (4) sufficient funds are available to develop and implement any new Head Start assessments, and deliver necessary additional technical assistance and professional development required to successfully implement these assessments. Prescribes requirements for participants in such public forums.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care OverUse Reform Today Act (HealthCOURT Act) of 2011''. SEC. 2. LIMITATION ON RECOVERY IN A HEALTH CARE LAWSUIT BASED ON COMPLIANCE WITH BEST PRACTICE GUIDELINES. (a) Selection and Issuance of Best Practices Guidelines.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall provide for the selection and issuance of best practice guidelines for treatment of medical conditions (each in this subsection referred to as a ``guideline'') in accordance with paragraphs (2) and (3). (2) Development process.--Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop guidelines. The contract shall require that the organization submit guidelines to the agency not later than 18 months after the date of enactment of this Act. (3) Issuance.-- (A) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall, after notice and opportunity for public comment, make a rule that provides for the establishment of the guidelines submitted under paragraph (2). (B) Limitation.--The Secretary may not make a rule that includes guidelines other than those submitted under paragraph (2). (C) Dissemination.--The Secretary shall post such guidelines on the public Internet web page of the Department of Health and Human Services. (4) Maintenance.--Not later than 4 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall review the guidelines and shall, as necessary, enter into contracts similar to the contract described in paragraph (2), and issue guidelines in a manner similar to the issuance of guidelines under paragraph (3). (b) Limitation on Damages.-- (1) Limitation on noneconomic damages.--In any health care lawsuit, a court may not award noneconomic damages with respect to treatment that is consistent with a guideline issued under subsection (a). (2) Limitation on punitive damages.--In any health care lawsuit, no punitive damages may be awarded against a health care provider based on a claim that such treatment caused the claimant harm if-- (A) such treatment was subject to quality review by a qualified physician consensus-building organization and has been found to be safe, effective, and appropriate; (B) such treatment was approved in a guideline that underwent full review by such organization, public comment, approval by the Secretary, and dissemination as described in subparagraph (a); or (C) such medical treatment is generally recognized among qualified experts (including medical providers and relevant physician specialty organizations) as safe, effective, and appropriate. (c) Use.-- (1) Introduction as evidence.--Guidelines established in a rule made under subsection (a) may not be introduced as evidence of negligence or deviation in the standard of care in any health care lawsuit unless they have previously been introduced by the defendant. (2) No presumption of negligence.--There shall be no presumption of negligence if a health care provider provides treatment in a manner inconsistent with such guidelines. (d) Construction.--Nothing in this section shall be construed as preventing a State from-- (1) replacing their current medical malpractice rules with rules that rely, as a defense, upon a health care provider's compliance with a guideline issued under subsection (a); or (2) applying additional guidelines or safe-harbors that are in addition to, but not in lieu of, the guidelines issued under subsection (a). SEC. 3. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS. ``(a) In General.--The Secretary may award grants to States for the development, implementation, and evaluation of administrative health care tribunals that comply with this section, for the resolution of disputes concerning injuries allegedly caused by health care providers. ``(b) Conditions for Demonstration Grants.--To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as may be required by the Secretary. A grant shall be awarded under this section on such terms and conditions as the Secretary determines appropriate. ``(c) Representation by Counsel.--A State that receives a grant under this section may not preclude any party to a dispute before an administrative health care tribunal operated under such grant from obtaining legal representation during any review by the expert panel under subsection (d), the administrative health care tribunal under subsection (e), or a State court under subsection (f). ``(d) Expert Panel Review and Early Offer Guidelines.-- ``(1) In general.--Prior to the submission of any dispute concerning injuries allegedly caused by health care providers to an administrative health care tribunal under this section, such allegations shall first be reviewed by an expert panel. ``(2) Composition.-- ``(A) In general.--The members of each expert panel under this subsection shall be appointed by the head of the State agency responsible for health. Each expert panel shall be composed of no fewer than 3 members and not more than 7 members. At least one-half of such members shall be medical experts (either physicians or health care professionals). ``(B) Licensure and expertise.--Each physician or health care professional appointed to an expert panel under subparagraph (A) shall-- ``(i) be appropriately credentialed or licensed in 1 or more States to deliver health care services; and ``(ii) typically treat the condition, make the diagnosis, or provide the type of treatment that is under review. ``(C) Independence.-- ``(i) In general.--Subject to clause (ii), each individual appointed to an expert panel under this paragraph shall-- ``(I) not have a material familial, financial, or professional relationship with a party involved in the dispute reviewed by the panel; and ``(II) not otherwise have a conflict of interest with such a party. ``(ii) Exception.--Nothing in clause (i) shall be construed to prohibit an individual who has staff privileges at an institution where the treatment involved in the dispute was provided from serving as a member of an expert panel merely on the basis of such affiliation, if the affiliation is disclosed to the parties and neither party objects. ``(D) Practicing health care professional in same field.-- ``(i) In general.--In a dispute before an expert panel that involves treatment, or the provision of items or services-- ``(I) by a physician, the medical experts on the expert panel shall be practicing physicians (allopathic or osteopathic) of the same or similar specialty as a physician who typically treats the condition, makes the diagnosis, or provides the type of treatment under review; or ``(II) by a health care professional other than a physician, at least two medical experts on the expert panel shall be practicing physicians (allopathic or osteopathic) of the same or similar specialty as the health care professional who typically treats the condition, makes the diagnosis, or provides the type of treatment under review, and, if determined appropriate by the State agency, an additional medical expert shall be a practicing health care professional (other than such a physician) of such a same or similar specialty. ``(ii) Practicing defined.--In this paragraph, the term `practicing' means, with respect to an individual who is a physician or other health care professional, that the individual provides health care services to individual patients on average at least 2 days a week. ``(E) Pediatric expertise.--In the case of dispute relating to a child, at least 1 medical expert on the expert panel shall have expertise described in subparagraph (D)(i) in pediatrics. ``(3) Determination.--After a review under paragraph (1), an expert panel shall make a determination as to the liability of the parties involved and compensation. ``(4) Acceptance.--If the parties to a dispute before an expert panel under this subsection accept the determination of the expert panel concerning liability and compensation, such compensation shall be paid to the claimant and the claimant shall agree to forgo any further action against the health care providers involved. ``(5) Failure to accept.--If any party decides not to accept the expert panel's determination, the matter shall be referred to an administrative health care tribunal created pursuant to this section. ``(e) Administrative Health Care Tribunals.-- ``(1) In general.--Upon the failure of any party to accept the determination of an expert panel under subsection (d), the parties shall have the right to request a hearing concerning the liability or compensation involved by an administrative health care tribunal established by the State involved. ``(2) Requirements.--In establishing an administrative health care tribunal under this section, a State shall-- ``(A) ensure that such tribunals are presided over by special judges with health care expertise; ``(B) provide authority to such judges to make binding rulings, rendered in written decisions, on standards of care, causation, compensation, and related issues with reliance on independent expert witnesses commissioned by the tribunal; ``(C) establish gross negligence as the legal standard for the tribunal; ``(D) allow the admission into evidence of the recommendation made by the expert panel under subsection (d); and ``(E) provide for an appeals process to allow for review of decisions by State courts. ``(f) Review by State Court After Exhaustion of Administrative Remedies.-- ``(1) Right to file.--If any party to a dispute before a health care tribunal under subsection (e) is not satisfied with the determinations of the tribunal, the party shall have the right to file their claim in a State court of competent jurisdiction. ``(2) Forfeit of awards.--Any party filing an action in a State court in accordance with paragraph (1) shall forfeit any compensation award made under subsection (e). ``(3) Admissibility.--The determinations of the expert panel and the administrative health care tribunal pursuant to subsections (d) and (e) with respect to a State court proceeding under paragraph (1) shall be admissible into evidence in any such State court proceeding. ``(g) Definition.--In this section, the term `health care provider' means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. ``(h) Authorization of Appropriations.--There are authorized to be appropriated for any fiscal year such sums as may be necessary for purposes of making grants to States under this section.''. SEC. 4. DEFINITIONS. In this Act: (1) Health care lawsuit.--The term ``health care lawsuit'' means any health care liability claim concerning the provision of health care goods or services brought in a Federal court or in a State court or pursuant to an alternative dispute resolution system, if such claim concerns items or services with respect to which payment is made under title XVIII, title XIX, or title XXI of the Social Security Act or for which the claimant receives a Federal tax benefit, against a health care provider, a health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, regardless of the theory of liability on which the claim is based, or the number of claimants, plaintiffs, defendants, or other parties, or the number of claims or causes of action, in which the claimant alleges a health care liability claim. Such term does not include a claim or action which is based on criminal liability; which seeks civil fines or penalties paid to Federal government; or which is grounded in antitrust. (2) Noneconomic damages.--The term ``noneconomic damages'' means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and any other nonpecuniary losses. (3) Punitive damages.--The term ``punitive damages'' means damages awarded, for the purpose of punishment or deterrence, and not solely for compensatory purposes, against a health care provider. Punitive damages are neither economic nor noneconomic damages. (4) Medical treatment.--The term ``medical treatment'' means the provision of any goods or services by a health care provider or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings. (5) Health care provider.--The term ``health care provider'' means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (6) Federal tax benefit.--A claimant shall be treated as receiving a Federal tax benefit with respect to payment for items or services if-- (A) such payment is compensation by insurance-- (i) which constitutes medical care, and (ii) with respect to the payment of premiums for which the claimant, or the employer of the claimant, was allowed an exclusion from gross income, a deduction, or a credit for Federal income tax purposes, (B) a deduction was allowed with respect to such payment for Federal income tax purposes, or (C) such payment was from an Archer MSA (as defined in section 220(d) of the Internal Revenue Code of 1986), a health savings account (as defined in section 223(d) of such Code), a flexible spending arrangement (as defined in section 106(c)(2) of such Code), or a health reimbursement arrangement which is treated as employer-provided coverage under an accident or health plan for purposes of section 106 of such Code.

Summary: Health Care OverUse Reform Today Act (HealthCOURT Act) of 2011 - Requires the Secretary of Health and Human Services (HHS) to provide for the selection and issuance of best practice guidelines for treatment of medical conditions. Requires the Secretary to contract with a qualified physician consensus-building organization to develop guidelines and issue a rule that provides for the establishment of such guidelines. Prohibits the Secretary from making a rule that includes guidelines other than those submitted by such organization. Requires the Secretary to routinely review guidelines and, as necessary, enter into additional contracts to issue guidelines. Prohibits a court from awarding noneconomic damages or punitive damages in any health care lawsuit with respect to treatment that is consistent with a guideline issued under this Act. Prohibits guidelines from being introduced as evidence of negligence or deviation in the standard of care in any health care lawsuit unless such guidelines have previously been introduced by the defendant. Declares that there shall be no presumption of negligence if a health care provider provides treatment in a manner inconsistent with such guidelines. Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers. Sets forth provisions governing the operation of such tribunals, including requiring a review of allegations by an expert panel to assess liability.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Abuse Treatment on Demand Assistance Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Department of Health and Human Services, each year drug and alcohol related abuse kills more than 120,000 Americans. (2) In 1999, an estimated 14,800,000 Americans were current illicit drug users. (3) States across the country are faced with increasing demands for drug treatment programs. (4) In addition, methamphetamine abuse continues to be on the rise. Methamphetamine abuse accounts for 5.1 percent of all treatment admissions, which was the fourth highest percentage after cocaine, heroin, and marijuana. (5) Current statistics show that methamphetamine use is increasing rapidly especially among the nation's youth. (6) There are 2,700,000 substance abusers in America in need of treatment. (7) This number exceeds the 2,137,100 persons receiving treatment. (8) Recent reports indicate that every additional dollar invested in substance abuse treatment saves taxpayers $7.46 in societal costs. (9) In California, the average cost to taxpayers per inmate, per year, is $23,406 versus $4,300 for a full treatment program. (10) Drugs and alcohol cost taxpayers nearly $276,000,000,000 annually in preventable health care costs, extra law enforcement, auto crashes, crime and lost productivity versus $3,100,000,000 appropriated for substance abuse-related activities in fiscal year 2000. (11) Nationwide, 59 percent of police chiefs believe that drug offenders should be treated rather than incarcerated. (12) Current treatment on demand programs such as those in San Francisco and Baltimore focus on the specific drug abuse needs of the local community and should be encouraged. (13) Many States have developed programs designed to treat non-violent drug offenders and this should be encouraged. (14) Drug treatment prevention programs must be increased in order to effectively address the needs of those actively seeking treatment before they commit a crime. SEC. 3. PURPOSE. It is the purpose of this Act to-- (1) assist individuals who voluntarily seek the services of drug abuse treatment programs by providing them with treatment on demand; (2) provide assistance to help eliminate the backlog of individuals on waiting lists to obtain drug treatment for their addictions; (3) enhance public safety by reducing drug-related crimes and preserving jails and prison cells for serious and violent criminal offenders; and (4) assist States in the implementation of alternative drug treatment programs that divert non-violent drug offenders to treatment programs that are more suited for the rehabilitation of drug offenders. SEC. 4. DEFINITIONS. In this Act: (1) Drug treatment program.-- (A) In general.--The terms ``drug treatment program'' and ``alternative treatment program'' mean a licensed or certified community drug treatment program that may include-- (i) outpatient treatment; (ii) half-way house treatment; (iii) narcotic replacement therapy; or (iv) drug education or prevention courses or limited inpatient or residential drug treatment as needed to address special detoxification or relapse situation or severe dependence. (B) Limitation.--Such terms shall not include drug treatment programs offered in a prison or jail facility. (2) Non-violent.--The term ``non-violent'' with respect to a criminal offense means an offense that is not a crime of violence as defined under the applicable State law. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia and the Commonwealth of Puerto Rico. SEC. 5. GRANTS FOR THE EXPANSION OF CAPACITY FOR PROVIDING TREATMENT. Section 501 of the Public Health Service Act (42 U.S.C. 290aa), as amended by section 3102 of the Youth Drug and Mental Health Services Act (Public Law 106-310), is amended-- (1) in subsection (d)-- (A) in paragraph (17), by striking ``and'' at the end; (B) in paragraph (18), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(19) make grants for the purpose of increasing the maximum number of individuals to whom public and nonprofit private entities are capable of providing effective treatment for substance abuse, with the goal of ensuring that substance abuse treatment is available for all substance abusers who seek it.''; and (2) in subsection (o)-- (A) by striking ``For the'' and inserting the following: ``(1) In general.--For the''; (B) by inserting ``except for grants under subsection (d)(19),''; and (C) by adding at the end the following: ``(2) Treatment Capacity.--For the purpose of making grants under subsection (d)(19), there are authorized to be appropriated-- ``(A) $600,000,000 for fiscal year 2002; ``(B) $1,200,000,000 for fiscal year 2003; ``(C) $1,800,000,000 for fiscal year 2004; ``(D) $2,400,000,000 for fiscal year 2005; and ``(E) $3,000,000,000 for fiscal year 2006.''. SEC. 6. ALTERNATIVE TREATMENT PROGRAMS. (a) Grants.--The Attorney General, in consultation with the Secretary, shall award grants to eligible States to enable such States, either directly or through the provision of assistance to counties or local municipalities, to provide drug treatment services to individuals who have been convicted of non-violent drug possession offenses and diverted from incarceration because of the enrollment of such individuals into community-based drug treatment programs. (b) Eligibility.--To be eligible to receive a grant under this section a State shall-- (1) be implementing an alternative drug treatment program under which any individual in the State who has been convicted of a non-violent drug possession offense may be enrolled in an appropriate drug treatment program as an alternative to incarceration; and (2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of Funds.--Amounts provided to a State under a grant under this section may be used by the State (or by State or local entities that receive funding from the State under this section) to pay expenses associated with-- (1) the construction of treatment facilities; (2) payments to related drug treatment services providers that are necessary for the effectiveness of the program, including aftercare supervision, vocational training, education, and job placement; (3) drug testing; (4) probation services; and (5) counseling, including mental health services. (d) Matching Requirement.--Funds may not be provided to a State under this section unless the State agrees that, with respect to the costs to be incurred by the State in carrying out the drug treatment program involved, the State will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is at least equal to the amount of Federal funds provided to the State under this section. (e) Authorization of Appropriations.--There is authorized to carry out this section, $125,000,000 for each of fiscal years 2002 through 2006.

Summary: Drug Abuse Treatment on Demand Assistance Act - Authorizes appropriations for grants for the purpose of increasing the maximum number of individuals to whom public and nonprofit private entities are capable of providing effective treatment for substance abuse, with the goal of ensuring that substance abuse treatment is available for all substance abusers who seek it.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National September 11 Memorial & Museum Commemorative Medal Act of 2010''. SEC. 2. STRIKING AND DESIGN OF MEDALS. (a) Striking of Medals.--In commemoration of the 10th anniversary of the September 11, 2001, terrorist attacks on the United States and the establishment of the National September 11 Memorial & Museum at the World Trade Center, the Secretary of the Treasury (hereinafter referred to as the ``Secretary'') shall strike and make available for sale not more than 2,000,000 silver medals, each of which shall contain 1 ounce of silver. (b) Design Requirement.-- (1) In general.--The design of the medals struck under this Act shall be emblematic of the courage, sacrifice, and strength of those individuals who perished in the terrorist attacks of September 11, 2001, the bravery of those who risked their lives to save others that day, and the endurance, resilience, and hope of those who survived. (2) Inscriptions.--On each medal struck under this Act, there shall be-- (A) an inscription of the years ``2001-2011''; and (B) an inscription of the words ``Always Remember''. (c) Selection.--The design for the medals struck under this Act shall be-- (1) selected by the Secretary, after consultation with the National September 11 Memorial & Museum at the World Trade Center and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 3. ISSUANCE OF MEDALS. (a) Quality of Medals.--The medals struck under this Act shall be made available for sale in the quality comparable to proof coins. (b) Mint Facility.-- (1) In general.--Only 2 facilities of the United States Mint may be used to strike medals under this Act. (2) Use of the united states mints at west point, new york, and philadelphia, pennsylvania.--It is the sense of Congress that, to the extent possible, approximately one-half of the medals to be struck under this Act should be struck at the United States Mint at West Point, New York, and approximately one-half struck at the United States Mint at Philadelphia, Pennsylvania. (c) Date of Issuance.--The Secretary may make the medals available for sale under this Act beginning on January 1, 2011. (d) Termination of Authority.--No medals shall be struck under this Act after December 31, 2012. SEC. 4. NUMISMATIC ITEMS. For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 6. SALE OF MEDALS. (a) Sales Price.--The medals made available for sale under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the cost of designing and selling such medals (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping); and (2) the surcharge provided in section 7 with respect to such medals. (b) Bulk Sales.--The Secretary shall make bulk sales of the medals at a reasonable discount. (c) Introductory Orders.-- (1) In general.--The Secretary shall accept introductory orders for medals made available for sale under this Act. (2) Discount.--Sale prices with respect to introductory orders under paragraph (1) shall be made at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of medals made available for sale under this Act shall include a surcharge of $10 per medal. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of medals under this Act shall be paid to the National September 11 Memorial & Museum at the World Trade Center to support the operations and maintenance of the National September 11 Memorial & Museum at the World Trade Center following its completion. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National September 11 Memorial & Museum at the World Trade Center as may be related to the expenditures of amounts paid under subsection (b). SEC. 8. BUDGET COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: National September 11 Memorial & Museum Commemorative Medal Act of 2010 - Directs the Secretary of the Treasury to strike and make available for sale not more than 2 million silver national medals, containing one ounce of silver each, in commemoration of the 10th anniversary of the September 11, 2001, terrorist attacks on the United States and the establishment of the National September 11 Memorial & Museum at the World Trade Center. Declares that all sales of medals under this Act shall include a surcharge of $10 per medal, which shall be paid to the National September 11 Memorial & Museum at the World Trade Center to support its operations and maintenance. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Collection Act Amendments of 1993''. SEC. 2. IMPROVED DEBT COLLECTION PRACTICES. (a) Use of Collection Agencies.--Section 3718(a) of title 31, United States Code, is amended by striking ``Under conditions'' and all that follows through ``make'' and inserting ``The head of an executive or legislative agency shall make''. (b) Salary Offset.--Subsection (a)(1) of section 5514 of title 5, United States Code, is amended by striking ``may be collected'' and inserting ``shall be collected''. (c) Disclosure to Consumer Reporting Agencies.--Subsection (f)(1) of section 3711 of title 31, United States Code, is amended by striking ``may disclose'' and inserting ``shall disclose''. (d) Administrative Offsets.--Subsection (a) of section 3716 of title 31, United States Code, is amended by striking ``may'' the first place it appears and inserting ``shall''. (e) Report to the Internal Revenue Service of Debts Paid in Full.-- Subchapter II of chapter 37 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 3720B. Report to the Internal Revenue Service of Debts Paid in Full ``The head of a Federal agency shall report any debt that has been paid in full to the Internal Revenue Service promptly after the agency has determined that the debt has been paid in full.''. (f) Disclosure by Internal Revenue Service of Address Information.--Section 6103(m)(2)(A) of the Internal Revenue Code of 1986 is amended by inserting before the period ``, or any other law granting a Federal agency the authority to collect or compromise a Federal claim against the taxpayer.''. (g) Audits and Report of Audit.-- (1) Audits of federal agencies.--The Comptroller General of the United States shall annually conduct audits of each Federal agency to determine-- (A) the amount of debt owed to the agency; (B) the amount of debt owed to the agency that is delinquent; and (C) any action taken by the agency to recover the delinquent debt. (2) Reports to congress.--The Comptroller General shall submit annually to the Congress a report containing the information obtained through the audits prepared pursuant to paragraph (1). (h) Extension of Pilot Debt Collection Project.-- (1) Extension of pilot project.--Section 5 of Public Law 99-578 (31 U.S.C. 3718 note) is repealed. (2) Additional reporting requirements.--Section 3718(c) of title 31, United States Code, is amended-- (A) in paragraph (2), by striking ``and'' at the end thereof; and (B) in paragraph (3)-- (i) in subparagraph (C), by striking the period and adding at the end ``; and''; and (ii) by adding after subparagraph (C) the following new subparagraph: ``(D) the total cost of the pilot program established by Public Law 99-578 (100 Stat. 3305) as well as the total amount of debt recovered under that pilot program.''. (3) Use of recovered funds to reduce budget deficit.-- Section 3718 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(g) Except as provided by subsection (d), any amount recovered through a contract entered into under subsection (b) shall be used to reduce the budget deficit of the United States.''. Notwithstanding the preceding sentence, a percentage (which is hereafter specified by law) of the amount recovered through such a contract shall be paid to the agency on whose behalf such amount was recovered for use by such agency in collecting indebtedness owed to such agency. SEC. 3. IMPROVED LOAN ORIGINATION PROCEDURES. (a) Improved Prescreening Procedures.-- (1) Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 9704. Improved prescreening procedures ``The head of a Federal agency may not make a loan to a loan applicant until the applicant has been prescreened to determine if the applicant is creditworthy. The determination of creditworthiness shall include an evaluation of the ability and willingness of the applicant to repay the debt, the agency's level of acceptable risk, other agency or Federal Government obligations that could jeopardize or be jeopardized by the loan under consideration, and the existence of other debts owed by the loan applicant to the Federal Government, including a tax delinquent account with the Internal Revenue Service.''. (2) Section 6103(m)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``the Secretary may'' and inserting ``the Secretary shall''. (b) Denial of Credit to Applicants With Delinquent Debts.--Chapter 97 of title 31, United States Code, as amended by subsection (a), is further amended by adding at the end the following new section: ``Sec. 9705. Denial of credit to applicants with delinquent debts ``The head of a Federal agency may not make a loan to a loan applicant who owes a delinquent debt to the Federal Government, including the Internal Revenue Service.''. SEC. 4. USE OF ADMINISTRATIVE CHARGES TO IMPROVE CREDIT MANAGEMENT TECHNIQUES. Section 3717 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i) The Secretary shall deposit in a special fund any amounts received by a Federal agency to cover the cost of processing and handling delinquent claims under subsection (e). The Secretary shall, without further appropriation and upon request by the agency, disburse money from such fund to the agency solely for the use of improving credit management techniques, except that the access of each agency to funds in the special account shall be limited to the amount that the agency received to cover the cost of processing and handling delinquent claims under subsection (e).''. SEC. 5. TECHNICAL AMENDMENTS. (a) Chapter 37 Amendments.--The table of sections at the beginning of chapter 37 of title 31, United States Code, is amended by inserting after the item relating to section 3720A the following new item: ``3720B. Report to the Internal Revenue Service of debts paid in full.''. (b) Chapter 97 Amendments.--The table of sections at the beginning of chapter 97 of title 31, United States Code, is amended by adding at the end the following new items: ``9704. Improved prescreening procedures. ``9705. Denial of credit to applicants with delinquent debts.''.

Summary: Debt Collection Act Amendments of 1993 - Amends Federal law to require the head of an executive or legislative agency (who, currently, is merely authorized) to: (1) contract with a collection service to recover indebtedness owed to the United States; (2) collect such indebtedness from Federal employees in installment deductions; (3) disclose certain information to a consumer reporting agency when trying to collect a claim; and (4) collect such a claim by administrative offset. Requires the head of a Federal agency to report promptly to the Internal Revenue Service (IRS) any debt that has been paid in full. Amends the Internal Revenue Code to allow the IRS to disclose address information in accordance with any law granting a Federal claim against a taxpayer. Directs the Comptroller General to report to the Congress after annual audits of each Federal agency on: (1) the amount of debt owed to the agency; (2) the amount that is delinquent; and (3) action taken by the agency to recover such debt. Repeals the termination date of the pilot debt collection project of the Department of Justice. Requires the Attorney General to include in the annual report to the Congress on activities to recover indebtedness the total cost of the pilot project and the total amount of debt recovered under it. Requires that recovered funds be used to reduce the Federal deficit. Requires a percentage of recovered funds to be used by the agency in collecting indebtedness. Prohibits the head of a Federal agency from making a loan until the loan applicant has been prescreened to determine creditworthiness. Requires the IRS to disclose address information to a Federal agency for use in collecting a claim. Prohibits the head of a Federal agency from making a loan to a loan applicant who owes a delinquent debt to the Federal Government, including the IRS. Allows the use of administrative charges by the Secretary of the Treasury for improving credit management techniques.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Trust Funds Management Act of 1999''. SEC. 2. INVESTMENT OF THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND. (a) In General.--Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended to read as follows: ``(d)(1) Subject to paragraphs (2) and (3), it shall be the duty of the Managing Trustee to invest such portion of the Trust Funds as is not, in the judgment of the Trustee, required to meet current withdrawals. The Managing Trustee may purchase interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States, on original issue or at the market price. ``(2)(A) If the Managing Trustee, after consultation with the Commissioner of Social Security, determines that the purchase of obligations issued in accordance with paragraph (4) is in the best interest of paying current and future benefits under this title, and will not jeopardize the payment of such benefits, the Managing Trustee may purchase such obligations. ``(B) If the Commissioner of Social Security does not concur with the investment decisions of the Managing Trustee, or believes that other investment strategies are appropriate, the Commissioner shall promptly so inform the President and Congress in writing. ``(3) In investing contributions made to the Trust Funds, the Managing Trustee may not invest such contributions in private financial markets. Neither the Managing Trustee nor any other officer or employee of the Federal Government shall direct private pension plans as to what type of investments to make or in which financial markets to invest. ``(4) The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize the issuance at par of public-debt obligations for purchase by the Trust Funds. Such obligations issued for purchase by the Trust Funds shall have maturities fixed with due regard for the needs of the Trust Funds and shall bear interest at a rate equal to the average market yield (computed by the Managing Trustee on the basis of market quotations as of the end of the calendar month next preceding the date of such issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 percent, the rate of interest of such obligations shall be the multiple of one-eighth of 1 percent nearest such market yield. Each obligation issued for purchase by the Trust Funds under this subsection shall be evidenced by a paper instrument in the form of a bond, note, or certificate of indebtedness issued by the Secretary of the Treasury setting forth the principal amount, date of maturity, and interest rate of the obligation, and stating on its face that the obligation shall be incontestable in the hands of the Trust Fund to which it is issued, that the obligation is supported by the full faith and credit of the United States, and that the United States is pledged to the payment of the obligation with respect to both principal and interest.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 3. INFORMATION REQUIREMENTS FOR SOCIAL SECURITY ACCOUNT STATEMENTS. (a) In General.--Section 1143(a) of the Social Security Act (42 U.S.C. 1320b-13(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (B), by inserting ``, including a separate estimate of the amount of interest earned on the contributions,'' after ``disability insurance''; (B) in subparagraph (C)-- (i) by inserting ``, including a separate estimate of the amount of interest earned on the contributions,'' after ``hospital insurance''; and (ii) by striking ``and'' after the semicolon; (C) in subparagraph (D), by striking the period at the end and inserting a semicolon; (D) by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E), respectively; (E) by inserting after the matter preceding subparagraph (B), as redesignated by subparagraph (D), the following: ``(A) the name, age, gender, mailing address, and marital status of the eligible individual;''; (F) by adding at the end the following: ``(F) the total amount of the employer and employee contributions for the eligible individual for old-age and survivors insurance benefits, as of the end of the month preceding the date of the statement, in both actual dollars and dollars adjusted for inflation; ``(G) the projected value of-- ``(i) the aggregate amount of the employer and employee contributions for old-age and survivors insurance benefits that are expected to be made by or on behalf of the individual prior to the individual attaining retirement age, in both actual dollars and dollars adjusted for inflation; ``(ii) the annual amount of old-age and survivors insurance benefits that are expected to be payable on the eligible individual's account for a single individual and for a married couple, in dollars adjusted for inflation; ``(iii) the total amount of old-age and survivors insurance benefits payable on the eligible individual's account for the individual's life expectancy, in dollars adjusted for inflation, identifying-- ``(I) the life expectancy assumed; ``(II) the amount of benefits received on the basis of each $1 of contributions made by or on behalf of the individual; and ``(III) the projected annual rate of return for the individual, taking into account the date on which the contributions are made in the eligible individual's account and the date on which the benefits are paid; ``(iv) the total amount of old-age and survivors insurance benefits that would have accumulated on the eligible individual's account on the date on which the individual attains retirement age if the contributions for such individual had been invested in Treasury 10- year saving bonds at the prevailing interest rate for such bonds as of the end of the month preceding the date of the statement, and, alternatively, in the Standard and Poor's 500, or an equivalent portfolio of common stock equities that are based on a broad index of United States market performance, in dollars adjusted for inflation, identifying-- ``(I) the date of retirement assumed; ``(II) the interest rate used for the projection; and ``(III) the amount that would be received on the basis of each $1 of contributions made by or on behalf of the individual; ``(H) the average annual rate of return, adjusted for inflation, on the Treasury 10-year saving bond as of the date of the statement; ``(I) the average annual rate of return, adjusted for inflation, on the Standard and Poor's 500, or an equivalent portfolio of common stock equities that are based on a broad index of United States market performance, for the preceding 25 years; ``(J) a brief statement that identifies-- ``(i) the balance of the trust fund accounts as of the end of the month preceding the date of the statement; ``(ii) the annual estimated balance of the trust fund accounts for each of the succeeding 30 years; and ``(iii) the assumptions used to provide the information described in clauses (i) and (ii), including the rates of return and the nature of the investments of such trust fund accounts; and ``(K) a simple 1-page summary and comparison of the information that is provided to an eligible individual under subparagraphs (G), (H), and (I).''; and (2) by striking paragraph (3) and inserting the following: ``(3) The estimated amounts required to be provided in a statement under this section shall be determined by the Commissioner using a general methodology for making such estimates, as formulated and published at the beginning of each calendar year by the Board of Trustees of the trust fund accounts. A description of the general methodology used shall be provided to the eligible individual as part of the statement required under this section. ``(4) The Commissioner of Social Security shall notify an individual who receives a social security account statement under this section that the individual may request that the information described in paragraph (2) be determined on the basis of relevant information provided by the individual, including information regarding the individual's future income, marital status, date of retirement, or race. ``(5) For purposes of this section-- ``(A) the term `dollars adjusted for inflation' means-- ``(i) dollars in constant or real value terms on the date on which the statement is issued; and ``(ii) an amount that is adjusted on the basis of the Consumer Price Index. ``(B) the term `eligible individual' means an individual who-- ``(i) has a social security account number; ``(ii) has attained age 25 or over; and ``(iii) has wages or net earnings from self- employment; and ``(C) the term `trust fund account' means-- ``(i) the Federal Old-Age and Survivors Insurance Trust Fund; and ``(ii) the Federal Disability Insurance Trust Fund.''. (b) Mandatory Provision of Statements Through Means Such As the Internet.--Section 1143(c)(2) of the Social Security Act (42 U.S.C. 1320b-13(c)(2)) is amended-- (1) in the first sentence, by inserting ``(which shall include the Internet as soon as the Commissioner of Social Security determines that adequate measures are in place to protect the confidentiality of the information contained in the statement)'' before the period; and (2) by striking the second and third sentences. (c) Technical Amendment.--Section 1143 of the Social Security Act (42 U.S.C. 1320b-13) is amended by striking ``Secretary'' each place it appears and inserting ``Commissioner of Social Security''. (d) Effective Date.--The amendments made by this Act shall apply to statements provided for fiscal years beginning with fiscal year 2000.

Summary: Amends SSA title XI to modify the required contents of social security account statements, including changes requiring such statements to contain information on the name, age, gender, mailing address, and marital status of the eligible individual, as well as additional specified new contents. Revises provisions on the mandatory provision of such statements, with changes to incorporate the Internet as a means of provision as soon as the Commissioner of Social Security determines that adequate confidentiality safeguards are in place. Replaces each reference to the Secretary with the Commissioner of Social Security each place such reference occurs in SSA title XI provisions on social security account statements.


SECTION 1. GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS. (a) Short Title.--This Act may be cited as the ``Gifted and Talented Students Education Act of 2003''. (b) Amendment.--Subpart 6 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended by adding at the end the following: ``Chapter B--Grant Program For Gifted and Talented Students ``SEC. 5467. FINDINGS; ESTABLISHMENT OF PROGRAM; AUTHORIZED ACTIVITIES. ``(a) Findings.--Congress makes the following findings: ``(1) Gifted and talented students give evidence of high performance capability in specific academic fields, or in areas such as intellectual, creative, artistic, or leadership capacity, and require services or activities not ordinarily provided by a school in order to fully develop such capabilities. Gifted and talented students are from all cultural, racial, and ethnic backgrounds, and socioeconomic groups. Some such students have disabilities and for some, English is not their first language. Many students from such diverse backgrounds have been historically underrepresented in gifted education programs. ``(2) Elementary school students who are gifted and talented have already mastered 35 to 50 percent of the material covered in a school year in several subject areas before the school year begins. ``(3) Elementary school and secondary school teachers have students in their classrooms with a wide variety of traits, characteristics, and needs. Most teachers receive some training to meet the needs of these students, such as students with limited English proficiency, students with disabilities, and students from diverse cultural and racial backgrounds. However, most teachers do not receive training on meeting the needs of students who are gifted and talented. ``(4) While the families or communities of some gifted students can provide private programs with appropriately trained staff to supplement public educational offerings, most high-ability students, especially those from inner cities, rural communities, or low-income families, must rely on the services and personnel provided by public schools. Therefore, gifted education programs, provided by qualified professionals in the public schools, are needed to provide equal educational opportunities. ``(5) Parents and families are essential partners to schools in developing appropriate educational services for gifted and talented students. They need access to information, research, and support regarding the characteristics of gifted children and their educational, and social and emotional needs, as well as information on available strategies and resources for education in State and local communities. ``(6) There currently is no Federal requirement to identify or serve the Nation's approximately 3,000,000 gifted and talented students. ``(7) While some States and local educational agencies allocate resources to educate gifted and talented students, others do not. Additionally, State laws, and State and local funding, identification, and accountability mechanisms vary widely, resulting in a vast disparity of services for this special-needs population. ``(8) To meet the future economic and national security needs of the United States, it is important that more students achieve to higher levels, and that highly capable students receive an education that prepares them to perform the most highly innovative and creative work that is necessary to secure our Nation's position in the world. ``(9) The performance of twelfth-grade advanced students in the United States on the Third International Mathematics and Science Study (TIMSS) was among the lowest in the world. In each of 5 physics content areas in the study and in each of 3 mathematics content areas in the study, the performance of physics and advanced mathematics students in the United States was among the lowest of the participating countries. ``(10) In 1990, fewer than 2 cents out of every $100 spent on elementary and secondary education in the United States was devoted to providing challenging programming for the Nation's gifted and talented students. ``(b) Program Authorized.-- ``(1) Competitive grants to states.--If the amount appropriated under section 5468 for a fiscal year is greater than $7,500,000 but less than $57,500,000, then the Secretary may use such amount to award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to award grants to local educational agencies under section 5467C for developing or expanding gifted and talented education programs, and providing direct educational services and materials. ``(2) Formula grants to states.--If the amount appropriated under section 5468 for a fiscal year equals or exceeds $57,500,000, then the Secretary may use such amount to award grants to State educational agencies, from allotments under section 5467B, to enable the State educational agencies to award grants to local educational agencies under section 5467C for developing or expanding gifted and talented education programs, and providing direct educational services and materials. ``(c) Authorized Activities.--Grant funds provided under this chapter shall be used to carry out 1 or more of the following activities: ``(1) Any activity described in paragraph (2), (4), (6), or (7) of section 5464(b). ``(2) Providing direct educational services and materials to gifted and talented students, which may include curriculum compacting, modified or adapted curriculum, acceleration, independent study, and dual enrollment. ``(d) Limitations on Use of Funds.-- ``(1) Course work provided through emerging technologies.-- Grant funds provided under this chapter that are used for activities described in section 5464(b)(7) may include development of curriculum packages, compensation of distance- learning educators, or other relevant activities, but grant funds provided under this chapter may not be used for the purchase or upgrading of technological hardware. ``(2) State use of funds.-- ``(A) In general.--A State educational agency receiving a grant under this chapter may not use more than 10 percent of the grant funds for-- ``(i) dissemination of general program information; ``(ii) providing technical assistance under this chapter; ``(iii) monitoring and evaluation of programs and activities assisted under this chapter; ``(iv) providing support for parental education; or ``(v) creating a State gifted education advisory board. ``(B) Administrative costs.--A State educational agency may use not more than 50 percent of the funds made available to the State educational agency under subparagraph (A) for administrative costs. ``SEC. 5467A. ALLOTMENTS TO STATES. ``(a) Reservation of Funds.--From the amount made available to carry out this chapter for any fiscal year, the Secretary shall reserve \1/2\ of 1 percent for the Secretary of the Interior for programs under this chapter for teachers, other staff, and administrators in schools operated or funded by the Bureau of Indian Affairs. ``(b) State Allotments.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall allot the total amount made available to carry out this chapter for any fiscal year and not reserved under subsection (a) to the States on the basis of their relative populations of individuals aged 5 through 17, as determined by the Secretary on the basis of the most recent satisfactory data. ``(2) Minimum grant amount.--No State receiving an allotment under paragraph (1) may receive less than \1/2\ of 1 percent of the total amount allotted under such paragraph. ``(c) Reallotment.--If any State does not apply for an allotment under this section for any fiscal year, then the Secretary shall reallot such amount to the remaining States in accordance with this section. ``SEC. 5467B. STATE APPLICATION. ``(a) In General.--To be eligible to receive a grant under this chapter, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(b) Contents.--Each application under this section shall include assurances that-- ``(1) the funds received under this chapter will be used to identify and support gifted and talented students, including gifted and talented students from all economic, ethnic, and racial backgrounds, such students of limited English proficiency, and such students with disabilities; ``(2) the funds not retained by the State educational agency shall be used for the purpose of making, in accordance with this chapter and on a competitive basis, grants to local educational agencies; ``(3) the funds received under this chapter shall be used only to supplement, but not supplant, the amount of State and local funds expended for the education of, and related services for, gifted and talented students; ``(4) the State educational agency will provide matching funds for the activities to be assisted under this chapter in an amount equal to not less than 10 percent of the grant funds to be received, which matching funds may be provided in cash or in kind; and ``(5) the State educational agency shall develop and implement program assessment models to ensure program accountability and to evaluate educational effectiveness. ``(c) Approval.--To the extent funds are made available to carry out this chapter, the Secretary shall approve an application of a State if such application meets the requirements of this section. ``SEC. 5467C. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES. ``(a) Grant Competition.--A State educational agency shall use not less than 90 percent of the funds made available to the State educational agency under this chapter to award grants to local educational agencies (including consortia of local educational agencies) to enable the local educational agencies to carry out the authorized activities described in section 5467(c). ``(b) Competitive Process.--Funds provided under this chapter to local educational agencies shall be distributed to local educational agencies through a competitive process that results in an equitable distribution by geographic area within the State. ``(c) Size of Grant.--A State educational agency shall award a grant under subsection (a) for any fiscal year in an amount sufficient to meet the needs of the students to be served under the grant. ``SEC. 5467D. LOCAL APPLICATIONS. ``(a) Application.--To be eligible to receive a grant under this chapter, a local educational agency (including a consortium of local educational agencies) shall submit an application to the State educational agency. ``(b) Contents.--Each application under this section shall include-- ``(1) an assurance that the funds received under this chapter will be used to identify and support gifted and talented students, including gifted and talented students from all economic, ethnic, and racial backgrounds, such students of limited English proficiency, and such students with disabilities; ``(2) a description of how the local educational agency will meet the educational needs of gifted and talented students, including the training of personnel in the education of gifted and talented students; and ``(3) an assurance that funds received under this chapter will be used to supplement, not supplant, the amount of funds the local educational agency expends for the education of, and related services for, gifted and talented students. ``SEC. 5467E. ANNUAL REPORTING. ``Beginning 1 year after the date of enactment of the Gifted and Talented Students Education Act of 2003 and for each year thereafter, the State educational agency shall submit an annual report to the Secretary that describes the number of students served and the activities supported with funds provided under this chapter. The report shall include a description of the measures taken to comply with paragraphs (1) and (4) of section 5467B(b). ``SEC. 5467F. CONSTRUCTION. ``Nothing in this chapter shall be construed to prohibit a recipient of funds under this chapter from serving gifted and talented students simultaneously with students with similar educational needs, in the same educational settings where appropriate. ``SEC. 5467G. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS. ``In making grants under this chapter, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such children. ``SEC. 5467H. DEFINITIONS. ``For purposes of this chapter: ``(1) Gifted and talented.-- ``(A) In general.--Except as provided in subparagraph (B), the term `gifted and talented' when used with respect to a person or program-- ``(i) has the meaning given the term under applicable State law; or ``(ii) in the case of a State that does not have a State law defining the term, has the meaning given such term by definition of the State educational agency or local educational agency involved. ``(B) Special rule.--In the case of a State that does not have a State law that defines the term, and the State educational agency or local educational agency has not defined the term, the term has the meaning given the term in section 9101. ``(2) State.--The term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ``Chapter C--Authorization of Appropriations ``SEC. 5468. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $170,000,000 for each of fiscal years 2004 through 2010, of which-- ``(1) $7,500,000 shall be available for each fiscal year to carry out chapter A; and ``(2) the remainder shall be available for each fiscal year to carry out chapter 2.''. SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. Subpart 6 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended-- (1) by inserting after the subpart designation the following: ``Chapter A--Jacob K. Javits Gifted and Talented Students Education Program''; (2) in section 5461 (20 U.S.C. 7253), by striking ``This part'' and inserting ``This chapter''; (3) by striking ``this part'' each place the term appears and inserting ``this chapter''; and (4) in section 5464 (20 U.S.C. 7253c)-- (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

Summary: Gifted and Talented Students Education Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program for gifted and talented students.Authorizes the Secretary of Education to award such grants to State educational agencies to make subgrants to local educational agencies to develop or expand gifted and talented education programs, and provide direct educational services and materials. Requires such grants to be made on a competitive basis if appropriations are within certain minimum and maximum amounts, and on a formula basis if appropriations exceed such specified maximum. Sets forth authorized State and local uses of grant funds and authorized activities. Prohibits use of such funds for purchase or upgrading of technological hardware. Directs the Secretary to ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such children.