Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medigap Amendments of 1996''.

SEC. 2. MEDIGAP AMENDMENTS.

    (a) Guaranteeing Issue Without Preexisting Conditions for
Continuously Covered Individuals.--Section 1882(s) of the Social
Security Act (42 U.S.C. 1395ss(s)) is amended--
            (1) in paragraph (3), by striking ``paragraphs (1) and
        (2)'' and inserting ``this subsection'',
            (2) by redesignating paragraph (3) as paragraph (4), and
            (3) by inserting after paragraph (2) the following new
        paragraph:
    ``(3)(A) The issuer of a Medicare supplemental policy--
            ``(i) may not deny or condition the issuance or
        effectiveness of a Medicare supplemental policy described in
        subparagraph (C);
            ``(ii) may not discriminate in the pricing of the policy on
        the basis of the individual's health status, medical condition
        (including both physical and mental illnesses), claims
        experience, receipt of health care, medical history, genetic
        information, evidence of insurability (including conditions
        arising out of acts of domestic violence), or disability; and
            ``(iii) may not impose an exclusion of benefits based on a
        pre-existing condition,
in the case of an individual described in subparagraph (B) who seeks to
enroll under the policy not later than 63 days after the date of the
termination of enrollment described in such subparagraph.
    ``(B) An individual described in this subparagraph is an individual
described in any of the following clauses:
            ``(i) The individual is enrolled with an eligible
        organization under a contract under section 1876 or with an
        organization under an agreement under section 1833(a)(1)(A) and
        such enrollment ceases either because the individual moves
        outside the service area of the organization under the contract
        or agreement or because of the termination or nonrenewal of the
        contract or agreement.
            ``(ii) The individual is enrolled with an organization
        under a policy described in subsection (t) and such enrollment
        ceases either because the individual moves outside the service
        area of the organization under the policy, because of the
        bankruptcy or insolvency of the insurer, or because the insurer
        closes the block of business to new enrollment.
            ``(iii) The individual is covered under a medicare
        supplemental policy and such coverage is terminated because of
        the bankruptcy or insolvency of the insurer issuing the policy,
        because the insurer closes the block of business to new
enrollment, or because the individual changes residence so that the
individual no longer resides in a State in which the issuer of the
policy is licensed.
            ``(iv) The individual is enrolled under an employee welfare
        benefit plan that provides health benefits that supplement the
        benefits under this title and the plan terminates or ceases to
        provide (or significantly reduces) such supplemental health
        benefits to the individual.
            ``(v)(I) The individual is enrolled with an eligible
        organization under a contract under section 1876 or with an
        organization under an agreement under section 1833(a)(1)(A) and
        such enrollment is terminated by the enrollee during the first
        12 months of such enrollment, but only if the individual never
        was previously enrolled with an eligible organization under a
        contract under section 1876 or with an organization under an
        agreement under section 1833(a)(1)(A).
            ``(II) The individual is enrolled under a policy described
        in subsection (t) and such enrollment is terminated during the
        first 12 months of such enrollment, but only if the individual
        never was previously enrolled under such a policy under such
        subsection.
    ``(C)(i) Subject to clause (ii), a medicare supplemental policy
described in this subparagraph, with respect to an individual described
in subparagraph (B), is a policy the benefits under which are
comparable or lesser in relation to the benefits under the enrollment
described in subparagraph (B) (or, in the case of an individual
described in clause (ii), under the most recent medicare supplemental
policy described in clause (ii)(II)).
    ``(ii) An individual described in this clause is an individual
who--
            ``(I) is described in subparagraph (B)(v), and
            ``(II) was enrolled in a medicare supplemental policy
        within the 63 day period before the enrollment described in
        such subparagraph.
    ``(iii) As a condition for approval of a State regulatory program
under subsection (b)(1) and for purposes of applying clause (i) to
policies to be issued in the State, the regulatory program shall
provide for the method of determining whether policy benefits are
comparable or lesser in relation to other benefits. With respect to a
State without such an approved program, the Secretary shall establish
such method.
    ``(D) At the time of an event described in subparagraph (B) because
of which an individual ceases enrollment or loses coverage or benefits
under a contract or agreement, policy, or plan, the organization that
offers the contract or agreement, the insurer offering the policy, or
the administrator of the plan, respectively, shall notify the
individual of the rights of the individual, and obligations of issuers
of medicare supplemental policies, under subparagraph (A).''.
    (b) Limitation on Imposition of Preexisting Condition Exclusion
During Initial Open Enrollment Period.--Section 1882(s)(2)(B) of such
Act (42 U.S.C. 1395ss(s)(2)(B)) is amended to read as follows:
    ``(B) In the case of a policy issued during the 6-month period
described in subparagraph (A), the policy may not exclude benefits
based on a pre-existing condition.''.
    (c) Clarifying the Nondiscrimination Requirements During the 6-
Month Initial Enrollment Period.--Section 1882(s)(2)(A) of such Act (42
U.S.C. 1395ss(s)(2)(A)) is amended to read as follows:
    ``(2)(A)(i) In the case of an individual described in clause (ii),
the issuer of a medicare supplemental policy--
            ``(I) may not deny or condition the issuance or
        effectiveness of a medicare supplemental policy, and
            ``(II) may not discriminate in the pricing of the policy on
        the basis of the individual's health status, medical condition
        (including both physical and mental illnesses), claims
        experience, receipt of health care, medical history, genetic
        information, evidence of insurability (including conditions
        arising out of acts of domestic violence), or disability.
    ``(ii) An individual described in this clause is an individual for
whom an application is submitted before the end of the 6-month period
beginning with the first month as of the first day on which the
individual is 65 years of age or older and is enrolled for benefits
under part B.''.
    (d) Extending 6-Month Initial Enrollment Period to Non-Elderly
Medicare Beneficiaries.--Section 1882(s)(2)(A)(ii) of such Act (42
U.S.C. 1395ss(s)(2)(A)), as amended by subsection (c), is amended by
striking ``is submitted'' and all that follows and inserting the
following: ``is submitted--
            ``(I) before the end of the 6-month period beginning with
        the first month as of the first day on which the individual is
        65 years of age or older and is enrolled for benefits under
        part B; and
            ``(II) for each time the individual becomes eligible for
        benefits under part A pursuant to section 226(b) or 226A and is
        enrolled for benefits under part B, before the end of the 6-
        month period beginning with the first month as of the first day
        on which the individual is so eligible and so enrolled.''.
    (e) Effective Dates.--
            (1) Guaranteed issue.--The amendment made by subsection (a)
        shall take effect on July 1, 1997.
            (2) Limit on preexisting condition exclusions.--The
        amendment made by subsection (b) shall apply to policies issued
        on or after July 1, 1997.
            (3) Clarification of nondiscrimination requirements.--The
        amendment made by subsection (c) shall apply to policies issued
        on or after July 1, 1997.
            (4) Extension of enrollment period to disabled
        individuals.--
                    (A) In general.--The amendment made by subsection
                (d) shall take effect on July 1, 1997.
                    (B) Transition rule.--In the case of an individual
                who first became eligible for benefits under part A of
                title XVIII of the Social Security Act pursuant to
                section 226(b) or 226A of such Act and enrolled for
                benefits under part B of such title before July 1,
                1997, the 6-month period described in section
                1882(s)(2)(A) of such Act shall begin on July 1, 1997.
                Before July 1, 1997, the Secretary of Health and Human
                Services shall notify any individual described in the
                previous sentence of their rights in connection with
                medicare supplemental policies under section 1882 of
                such Act, by reason of the amendment made by subsection
                (d).
    (f) Transition Provisions.--
            (1) In general.--If the Secretary of Health and Human
        Services identifies a State as requiring a change to its
        statutes or regulations to conform its regulatory program to
        the changes made by this section, the State regulatory program
        shall not be considered to be out of compliance with the
        requirements of section 1882 of the Social Security Act due
        solely to failure to make such change until the date specified
        in paragraph (4).
            (2) NAIC standards.--If, within 9 months after the date of
        the enactment of this Act, the National Association of
        Insurance Commissioners (in this subsection referred to as the
        ``NAIC'') modifies its NAIC Model Regulation relating to
        section 1882 of the Social Security Act (referred to in such
        section as the 1991 NAIC Model Regulation, as modified pursuant
        to section 171(m)(2) of the Social Security Act Amendments of
        1994 (Public Law 103-432) and as modified pursuant to section
        1882(d)(3)(A)(vi)(IV) of the Social Security Act, as added by
        section 271(a) of the Health Care Portability and
        Accountability Act of 1996 (Public Law 104-191) to conform to
        the amendments made by this section, such revised regulation
        incorporating the modifications shall be considered to be the
        applicable NAIC model regulation (including the revised NAIC
        model regulation and the 1991 NAIC Model Regulation) for the
        purposes of such section.
            (3) Secretary standards.--If the NAIC does not make the
        modifications described in paragraph (2) within the period
        specified in such paragraph, the Secretary of Health and Human
        Services shall make the modifications described in such
        paragraph and such revised regulation incorporating the
        modifications shall be considered to be the appropriate
        Regulation for the purposes of such section.
            (4) Date specified.--
                    (A) In general.--Subject to subparagraph (B), the
                date specified in this paragraph for a State is the
                earlier of--
                            (i) the date the State changes its statutes
                        or regulations to conform its regulatory
                        program to the changes made by this section, or
                            (ii) 1 year after the date the NAIC or the
                        Secretary first makes the modifications under
                        paragraph (2) or (3), respectively.
                    (B) Additional legislative action required.--In the
                case of a State which the Secretary identifies as--
                            (i) requiring State legislation (other than
                        legislation appropriating funds) to conform its
                        regulatory program to the changes made in this
                        section, but
                            (ii) having a legislature which is not
                        scheduled to meet in 1998 in a legislative
                        session in which such legislation may be
                        considered,
                the date specified in this paragraph is the first day
                of the first calendar quarter beginning after the close
                of the first legislative session of the State
                legislature that begins on or after July 1, 1998. For
                purposes of the previous sentence, in the case of a
                State that has a 2-year legislative session, each year
                of such session shall be deemed to be a separate
                regular session of the State legislature.

SEC. 3. INFORMATION FOR MEDICARE BENEFICIARIES.

    (a) Grant program.--
            (1) In general.--The Secretary of Health and Human Services
        (in this section referred to as the ``Secretary'') is
        authorized to provide grants to--
                    (A) private, independent, non-profit consumer
                organizations, and
                    (B) State agencies,
        to conduct programs to prepare and make available to medicare
        beneficiaries comprehensive and understandable information on
        enrollment in health plans with a medicare managed care
        contract and in medicare supplemental policies in which they
        are eligible to enroll. Nothing in this section shall be
        construed as preventing the Secretary from making a grant to an
        organization under this section to carry out activities for
        which a grant may be made under section 4360 of the Omnibus
        Budget Reconciliation Act of 1990 (Public Law 101-508).
            (2) Consumer satisfaction surveys.--Any eligible
        organization with a medicare managed care contract or any
        issuer of a medicare supplemental policy shall--
                    (A) conduct, in accordance with minimum standards
                approved by the Secretary, a consumer satisfaction
                survey of the enrollees under such contract or such
                policy; and
                    (B) make the results of such survey available to
                Secretary and the State Insurance Commissioner of the
                State in which the enrollees are so enrolled.
        The Secretary shall make the results of such surveys available
        to organizations which receive grants under paragraph (1).
            (3) Information.--
                    (A) Contents.--The information described in
                paragraph (1) shall include at least a comparison of
                such contracts and policies, including a comparison of
                the benefits provided, quality and performance, the
                costs to enrollees, the results of consumer
                satisfaction surveys on such contracts and policies, as
                described in subsection (a)(2), and such additional
                information as the Secretary may prescribe.
                    (B) Information standards.--The Secretary shall
                develop standards and criteria to ensure that the
                information provided to medicare beneficiaries under a
                grant under this section is complete, accurate, and
                uniform.
                    (C) Review of information.--The Secretary may
                prescribe the procedures and conditions under which an
                organization that has obtained a grant under this
                section may furnish information obtained under the
                grant to medicare beneficiaries. Such information shall
                be submitted to the Secretary at least 45 days before
                the date the information is first furnished to such
                beneficiaries.
            (4) Consultation with other organizations and providers.--
        An organization which receives a grant under paragraph (1)
        shall consult with private insurers, managed care plan
        providers and other health care providers, and public and
        private purchasers of health care benefits in order to provide
        the information described in paragraph (1).
            (5) Terms and conditions.--To be eligible for a grant under
        this section, an organization shall prepare and submit to the
        Secretary an application at such time, in such form, and
        containing such information as the Secretary may require.
        Grants made under this section shall be in accordance with
        terms and conditions specified by the Secretary.
    (b) Cost-Sharing.--
            (1) In general.--Each organization which provides a
        medicare managed care contract or issues a medicare
        supplemental policy (including a medicare select policy) shall
        pay to the Secretary its pro rata share (as determined by the
        Secretary) of the estimated costs to be incurred by the
        Secretary in providing the grants described in subsection (a).
            (2) Limitation.--The total amount required to be paid under
        paragraph (1) shall not exceed $35,000,000 in any fiscal year.
            (3) Application of proceeds.--Amounts received under
        paragraph (1) are hereby appropriated to the Secretary to
        defray the costs described in such paragraph and shall remain
        available until expended.
    (c) Definitions.--In this section:
            (1) Medicare managed care contract.--The term ``medicare
        managed care contract'' means a contract under section 1876 or
        section 1833(a)(1)(A) of the Social Security Act.
            (2) Medicare supplemental policy.--The term ``medicare
        supplemental policy'' has the meaning given such term in
        section 1882(g) of the Social Security Act.

Output:
Medigap Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to certification of Medicare supplemental health insurance policies, particularly coverage for pre-existing conditions, providing for additional consumer protections for certain individuals whose enrollment with an eligible organization ceases for one or more specified reasons.  Prohibits a Medicare supplemental policy issuer from denying or conditioning a policy to such an individual, from imposing preexisting condition exclusions, and from discriminating in pricing because of the individual's health, claims experience, or disability in the case of such an individual who has had continuous coverage (with no break longer than 63 days), if the policy in which the individual wishes to enroll has a comparable or less generous benefits package.
Revises the prohibition against an insurer's excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare.  Extends the six-month initial enrollment period to non-elderly Medicare beneficiaries.
Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medicare supplemental policies in which they are eligible to enroll.  Requires any eligible organization with a Medicare managed care contract or any issuer of a Medicare supplemental policy to:  (1) conduct a consumer satisfaction survey of the enrollees under such contract or such policy; and (2) make the survey results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medicare supplemental policy to pay to the Secretary its pro rata share of the estimated costs to be incurred by the Secretary in providing the grants.  Makes necessary appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``World War I Memorial Act of 2014''.

SEC. 2. DESIGNATION OF NATIONAL WORLD WAR I MUSEUM AND MEMORIAL IN
              KANSAS CITY, MISSOURI.

    (a) Designation.--The Liberty Memorial of Kansas City at America's
National World War I Museum in Kansas City, Missouri, is hereby
designated as the ``National World War I Museum and Memorial''.
    (b) Ceremonies.--The World War I Centennial Commission (in this Act
referred to as the ``Commission'') may plan, develop, and execute
ceremonies to recognize the designation of the Liberty Memorial of
Kansas City as the National World War I Museum and Memorial.

SEC. 3. REDESIGNATION OF PERSHING PARK IN THE DISTRICT OF COLUMBIA AS
              THE NATIONAL WORLD WAR I MEMORIAL AND ENHANCEMENT OF
              COMMEMORATIVE WORK.

    (a) Redesignation.--Pershing Park in the District of Columbia is
hereby redesignated as the ``National World War I Memorial''.
    (b) Ceremonies.--The Commission may plan, develop, and execute
ceremonies for the rededication of Pershing Park, as it approaches its
50th anniversary, as the National World War I Memorial and for the
enhancement of the General Pershing Commemorative Work as authorized by
subsection (c).
    (c) Authority To Enhance Commemorative Work.--
            (1) In general.--The Commission may enhance the General
        Pershing Commemorative Work by constructing on the land
        designated by subsection (a) as the National World War I
        Memorial appropriate sculptural and other commemorative
        elements, including landscaping, to further honor the service
        of members of the United States Armed Forces in World War I.
            (2) General pershing commemorative work defined.--The term
        ``General Pershing Commemorative Work'' means the memorial to
        the late John J. Pershing, General of the Armies of the United
        States, who commanded the American Expeditionary Forces in
        World War I, and to the officers and men under his command, as
        authorized by Public Law 89-786 (80 Stat. 1377).
    (d) Compliance With Standards for Commemorative Works.--
            (1) In general.--Except as provided in paragraph (2),
        chapter 89 of title 40, United States Code, applies to the
        enhancement of the General Pershing Commemorative Work under
        subsection (c).
            (2) Waiver of certain requirements.--
                    (A) Site selection for memorial.--Section 8905 of
                such title does not apply with respect to the selection
                of the site for the National World War I Memorial.
                    (B) Conditions applicable to area i.--Section
                8908(b) of such title does not apply to the National
                World War I Memorial concerning Pershing Park.
    (e) No Infringement Upon Existing Memorial.--The National World War
I Memorial may not interfere with or encroach on the District of
Columbia War Memorial.
    (f) Deposit of Excess Funds.--
            (1) Use for other world war i commemorative activities.--
        If, upon payment of all expenses for the enhancement of the
        General Pershing Commemorative Work under subsection (c)
        (including the maintenance and preservation amount required by
        section 8906(b)(1) of title 40, United States Code), there
        remains a balance of funds received for such purpose, the
        Commission may use the amount of the balance for other
        commemorative activities authorized under the World War I
        Centennial Commission Act (Public Law 112-272; 126 Stat. 2448).
            (2) Use for other commemorative works.--If the authority
        for enhancement of the General Pershing Commemorative Work and
        the authority of the Commission to plan and conduct
        commemorative activities under the World War I Centennial
        Commission Act have expired and there remains a balance of
        funds received for the enhancement of the General Pershing
        Commemorative Work, the Commission shall transmit the amount of
        the balance to a separate account with the National Park
        Foundation, to be available to the Secretary of the Interior
        following the process provided in section 8906(b)(4) of title
        40, United States Code, for accounts established under section
        8906(b)(3) of such title.
    (g) Authorization To Complete Construction After Termination of
Commission.--Section 8 of the World War I Centennial Commission Act
(Public Law 112-272) is amended--
            (1) in subsection (a), by striking ``The Centennial
        Commission'' and inserting ``Except as provided in subsection
        (c), the Centennial Commission''; and
            (2) by adding at the end the following new subsection:
    ``(c) Exception for Completion of National World War I Memorial.--
The Centennial Commission may perform such work as is necessary to
complete the rededication of the National World War I Memorial and
enhancement of the General Pershing Commemorative Work under section 3
of the World War I Memorial Act of 2014, subject to section 8903 of
title 40, United States Code.''.

SEC. 4. ADDITIONAL AMENDMENTS TO WORLD WAR I CENTENNIAL COMMISSION ACT.

    (a) Ex Officio and Other Advisory Members.--Section 4 of the World
War I Centennial Commission Act (Public Law 112-272; 126 Stat. 2449) is
amended by adding at the end the following new subsection:
    ``(e) Ex Officio and Other Advisory Members.--
            ``(1) Powers.--The individuals listed in paragraphs (2) and
        (3), or their designated representative, shall serve on the
        Centennial Commission solely to provide advice and information
        to the members of the Centennial Commission appointed pursuant
        to subsection (b)(1), and shall not be considered members for
        purposes of any other provision of this Act.
            ``(2) Ex officio members.--The following individuals shall
        serve as ex officio members:
                    ``(A) The Archivist of the United States.
                    ``(B) The Librarian of Congress.
                    ``(C) The Secretary of the Smithsonian Institution.
                    ``(D) The Secretary of State.
                    ``(E) The Secretary of Veterans Affairs.
                    ``(F) The Administrator of General Services.
            ``(3) Other advisory members.--The following individuals
        shall serve as other advisory members:
                    ``(A) Four members appointed by the Secretary of
                Defense in the following manner: One from the Navy, one
                from the Marine Corps, one from the Army, and one from
                the Air Force.
                    ``(B) Two members appointed by the Secretary of
                Homeland Security in the following manner: One from the
                Coast Guard and one from the United States Secret
                Service.
                    ``(C) Two members appointed by the Secretary of the
                Interior, including one from the National Parks
                Service.
            ``(4) Vacancies.--A vacancy in a member position under
        paragraph (3) shall be filled in the same manner in which the
        original appointment was made.''.
    (b) Payable Rate of Staff.--Section 7(c)(2) of such Act (Public Law
112-272; 126 Stat. 2451) is amended--
            (1) in subparagraph (A), by striking the period at the end
        and inserting ``, without regard to the provisions of chapter
        51 and subchapter III of chapter 53 of title 5, United States
        Code, relating to classification and General Schedule pay
        rates.''; and
            (2) in subparagraph (B), by striking ``level IV'' and
        inserting ``level II''.
    (c) Limitation on Obligation of Federal Funds.--
            (1) Limitation.--Section 9 of such Act (Public Law 112-272;
        126 Stat. 2453) is amended to read as follows:

``SEC. 9. LIMITATION ON OBLIGATION OF FEDERAL FUNDS.

    ``No Federal funds may be obligated or expended for the
designation, establishment, or enhancement of a memorial or
commemorative work by the World War I Centennial Commission.''.
            (2) Conforming amendment.--Section 7(f) of such Act (Public
        Law 112-272; 126 Stat. 2452) is repealed.
            (3) Clerical amendment.--The item relating to section 9 in
        the table of contents of such Act (Public Law 112-272; 126
        Stat. 2448) is amended to read as follows:

        ``Sec. 9. Limitation on obligation of Federal funds.''.

Output: World War I Memorial Act of 2014 - Designates the Liberty Memorial of Kansas City at America's National World War I Museum in Kansas City, Missouri, as the National World War I Museum and Memorial. Redesignates Pershing Park in the District of Columbia as the National World War I Memorial (Memorial). Authorizes the World War I Centennial Commission (Commission) to plan, develop, and execute ceremonies to recognize the above designation and redesignation and to enhance the General Pershing Commemorative Work by constructing appropriate sculptural and other elements on the Memorial. Amends the World War I Centennial Commission Act to: (1) allow for completion of construction at the Memorial after termination of the Commission, and (2) revise provisions concerning Commission members and pay rates. Prohibits any federal funds from being obligated or expended for the designation, establishment, or enhancement of a memorial or commemorative work by the Commission.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Catalyst to Better
Diabetes Care Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents; findings.
Sec. 2. Medicare diabetes screening collaboration and outreach program.
Sec. 3. Advisory group regarding diabetes and chronic illness employee
                            wellness incentivization and disease
                            management best practices.
Sec. 4. National Diabetes Report Card.
Sec. 5. Improvement of vital statistics collection.
Sec. 6. Study on appropriate level of diabetes medical education.
    (c) Findings.--The Congress finds as follows:
            (1) Diabetes is a chronic public health problem in the
        United States that is getting worse.
            (2) According to the Centers for Disease Control and
        Prevention:
                    (A) One in three Americans born in 2000 will get
                diabetes.
                    (B) One in two Hispanic females born in 2000 will
                get diabetes.
                    (C) 1,500,000 new cases of diabetes were diagnosed
                in adults in 2005.
                    (D) In 2005, 20,800,000 Americans had diabetes,
                which is 7 percent of the population of the United
                States.
                    (E) 6,200,000 Americans are currently undiagnosed.
                    (F) About one in every 500 children and adolescents
                have type 1 diabetes.
                    (G) African-Americans are nearly twice as likely as
                whites to have diabetes.
                    (H) Nearly 13 percent of American Indians and
                Alaska Natives over 20 years old have diagnosed
                diabetes.
                    (I) In States with significant Asian populations,
                Asians were 1.5 to 2 times as likely as whites to have
                diagnosed diabetes.
            (3) Diabetes carries staggering costs:
                    (A) In 2002, the total amount of the direct and
                indirect costs of diabetes was estimated at
                $132,000,000,000 according to the American Diabetes
                Association.
                    (B) 18 percent of the Medicare population has
                diabetes but spending on this group of people consumes
                32 percent of the Medicare budget according to the
                Center for Medicare & Medicaid Services.
            (4) Diabetes is deadly. According to the Centers for
        Disease Control and Prevention:
                    (A) In 2002, according to death certificate
                reports, diabetes contributed to an official number of
                224,092 deaths.
                    (B) Diabetes is likely to be seriously
                underreported as studies have found that only 35
                percent to 40 percent of decedents with diabetes had it
                listed anywhere on the death certificate and only about
                10 percent to 15 percent had it listed as the
                underlying cause of death.
            (5) Diabetes complications carry staggering economic and
        human costs for our country and health system:
                    (A) According to death certificate reports,
                diabetes contributes to over 224,000 deaths a year,
                although this number is likely vastly underreported.
                    (B) The risk for stroke is 2 to 4 times higher
                among people with diabetes.
                    (C) Diabetes is the leading cause of new blindness
                in America, causing approximately 18,000 new cases of
                blindness each year.
                    (D) Diabetes is the leading cause of kidney failure
                in America, accounting for 44 percent of new cases in
                2002.
                    (E) In 2002, 44,400 Americans with diabetes began
                treatment for end-stage kidney disease and a total of
                153,730 were living on chronic dialysis or with a
                kidney transplant as a result of their diabetes.
                    (F) In 2002, approximately 82,000 amputations were
                performed on Americans with diabetes.
                    (G) Poorly controlled diabetes before conception
                and during the first trimester of pregnancy can cause
                major birth defects in 5 percent to 10 percent of
                pregnancies and spontaneous abortions in 15 percent to
                20 percent of pregnancies.
            (6) Diabetes is unique because many of its complications
        and tremendous costs are largely preventable through early
        detection, better education on diabetes self-management, and
        improved delivery of available medical treatment:
                    (A) According to the Agency for Healthcare Research
                and Quality, appropriate primary care for diabetes
                complications could have saved the Medicare and
                Medicaid programs $2,500,000,000 in hospital costs in
                2001 alone.
                    (B) According to the Diabetes Prevention Project
                sponsored by the National Institutes of Health,
                lifestyle interventions such as diet and moderate
                physical activity for those with prediabetes reduced
                the development of diabetes by 58 percent; among
                Americans aged 60 and over, lifestyle interventions
                reduced diabetes by 71 percent.
                    (C) Research shows detecting and treating diabetic
                eye disease can reduce the development of severe vision
                loss by 50 percent to 60 percent.
                    (D) Research shows comprehensive foot care programs
                can reduce amputation rates by 45 percent to 85
                percent.
                    (E) Research shows detecting and treating early
                diabetic kidney disease by lowering blood pressure can
                reduce the decline in kidney function by 30 percent to
                70 percent.

SEC. 2. MEDICARE DIABETES SCREENING COLLABORATION AND OUTREACH PROGRAM.

    (a) Establishment.--With respect to diabetes screening tests
provided for under the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173) and for the purposes of
reducing the number of undiagnosed beneficiaries with diabetes or
prediabetes in the Medicare program, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary''), in
collaboration with the Director of the Centers for Disease Control and
Prevention (in this section referred to as the ``Director''), shall--
            (1) review uptake and utilization of the diabetes screening
        benefit to identify and address any existing problems with
        regard to utilization and data collection mechanisms to
        accurately track uptake;
            (2) establish an outreach program to identify existing
        efforts by agencies and by the private and nonprofit sectors to
        increase awareness among Medicare beneficiaries and providers
        of the diabetes screening benefit; and
            (3) maximize economies of scale, cost effectiveness, and
        resource allocation in increasing utilization of the diabetes
        screening benefit.
    (b) Consultation.--In carrying out this section, the Secretary and
the Director shall consult with--
            (1) various units of the Federal Government, including the
        Centers for Medicare & Medicaid Services, the Surgeon General
        of the Public Health Service, the Agency for Healthcare
        Research and Quality, the Health Resources and Services
        Administration, and the National Institutes of Health; and
            (2) entities with an interest in diabetes, including
        industry, voluntary health organizations, trade associations,
        and professional societies.

SEC. 3. ADVISORY GROUP REGARDING DIABETES AND CHRONIC ILLNESS EMPLOYEE
              WELLNESS INCENTIVIZATION AND DISEASE MANAGEMENT BEST
              PRACTICES.

    (a) Establishment.--The Secretary of Commerce shall establish an
advisory group consisting of representatives of the public and private
sector. The advisory group shall include representatives from the
Department of Commerce, the Department of Health and Human Services,
the Small Business Administration, and public and private sector
entities with experience in administering and operating employee
wellness and disease management programs.
    (b) Duties.--The advisory group established under subsection (a)
shall examine and make recommendations of best practices of chronic
illness employee wellness incentivization and disease management
programs in order to--
            (1) provide public and private sector entities with
        improved information in assessing the role of employee wellness
        incentivization and disease management programs in saving money
        and improving quality of life for patients with chronic
        illnesses; and
            (2) encourage the adoption of effective chronic illness
        employee wellness and disease management programs.
    (c) Report.--Not later than 1 year after the date of the enactment
of this Act, the advisory group established under subsection (a) shall
submit to the Secretary of Health and Human Services, the Speaker and
Minority Leader of the House of Representatives, and the Majority
Leader and Minority Leader of the Senate, the results of the
examination under subsection (b)(1).

SEC. 4. NATIONAL DIABETES REPORT CARD.

    (a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in collaboration
with the Director of the Centers for Disease Control and Prevention
(referred to in this section as the ``Director''), shall prepare on a
biennial basis a national diabetes report card (referred to in this
section as a ``Report Card'') for the Nation and, to the extent
possible, for each State.
    (b) Contents.--
            (1) In general.--Each Report Card shall include
        statistically valid aggregate health outcomes related to
        individuals diagnosed with diabetes and prediabetes including--
                    (A) preventative care practices and quality of
                care;
                    (B) risk factors; and
                    (C) outcomes.
            (2) Updated reports.--Each Report Card that is prepared
        after the initial Report Card shall include trend analysis for
        the Nation and, to the extent possible, for each State, for the
        purpose of--
                    (A) tracking progress in meeting established
                national goals and objectives for improving diabetes
                care, costs, and prevalence (including Healthy People
                2010); and
                    (B) informing policy and program development.
    (c) Availability.--The Secretary, in collaboration with the
Director, shall make each Report Card publicly available, including by
posting the Report Card on the Internet.

SEC. 5. IMPROVEMENT OF VITAL STATISTICS COLLECTION.

    (a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention and in
collaboration with appropriate agencies and States, shall--
            (1) promote the education and training of physicians on the
        importance of birth and death certificate data and how to
        properly complete these documents, including the collection of
        such data for diabetes and other chronic diseases;
            (2) encourage State adoption of the latest standard
        revisions of birth and death certificates; and
            (3) work with States to re-engineer their vital statistics
        systems in order to provide cost-effective, timely, and
        accurate vital systems data.
    (b) Death Certificate Additional Language.--In carrying out this
section, the Secretary may promote the addition of language to death
certificates to improve collection of diabetes mortality data,
including the addition of a question for the individual certifying to
the cause of death regarding whether the deceased had diabetes.

SEC. 6. STUDY ON APPROPRIATE LEVEL OF DIABETES MEDICAL EDUCATION.

    (a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall, in collaboration
with the Institute of Medicine and appropriate associations and
councils, conduct a study of the impact of diabetes on the practice of
medicine in the United States and the appropriateness of the level of
diabetes medical education that should be required prior to licensure,
board certification, and board recertification.
    (b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall submit a report on the study under
subsection (a) to the Committees on Ways and Means and Energy and
Commerce of the House of Representatives and the Committees on Finance
and Health, Education, Labor, and Pensions of the Senate.

Output:
Catalyst to Better Diabetes Care Act of 2007 - Requires the Secretary of Health and Human Services (the Secretary) to: (1) review uptake and utilization of the Medicare diabetes screening benefit; (2) establish an outreach program to identify existing efforts to increase awareness of the diabetes screening benefit among Medicare beneficiaries and providers; and (3) maximize economies of scale, cost-effectiveness, and resource allocation in increasing utilization of the diabetes screening benefit.

Requires the Secretary of Commerce to establish an advisory group to examine and recommend best practices of chronic illness employee wellness incentivization and disease management programs.

Directs the Secretary to prepare, biennially, a diabetes report card for the nation and for each state.

Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) promote the education and training of physicians on how to properly complete birth and death certificates and the importance of such data; (2) encourage state adoption of the latest standard revisions of birth and death certificates; and (3) work with states to reengineer their vital statistics systems to provide cost-effective, timely, and vital systems data. Allows the Secretary to promote the addition to death certificates of language to improve the collection of diabetes mortality data.

Requires the Secretary to conduct a study of the impact of diabetes on the practice of medicine in the United Sates and the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Citizens Housing Safety
Act''.

SEC. 2. LIMITATION ON OCCUPANCY IN PUBLIC HOUSING DESIGNATED FOR
              ELDERLY FAMILIES.

    Section 7(a) of the United States Housing Act of 1937 (42 U.S.C.
1437e(a)) is amended--
            (1) in paragraph (1), by striking ``Notwithstanding any
        other provision of law'' and inserting ``Subject only to the
        provisions of this subsection'';
            (2) in paragraph (4), by inserting ``, except as provided
        in paragraph (5)'' before the period at the end; and
            (3) by adding at the end the following new paragraph:
            ``(5) Limitation on occupancy in projects for elderly
        families.--
                    ``(A) Occupancy limitation.--Notwithstanding any
                other provision of law, a dwelling unit in a project
                (or portion of a project) that is designated under
                paragraph (1) for occupancy by only elderly families or
                by only elderly and disabled families shall not be
                occupied by--
                            ``(i) any person with disabilities who is
                        not an elderly person and whose use (or history
                        of use) of drugs or alcohol constitutes a
                        disability; or
                            ``(ii) any person who is not an elderly
                        person whose use of drugs or alcohol (or
                        history of such use) provides reasonable cause
                        for the agency to believe that the occupancy by
                        such person may interfere with the health,
                        safety, or right to peaceful enjoyment of the
                        premises by other tenants.
                    ``(B) Required statement.--A public housing agency
                may not make a dwelling unit in such a project
                available for occupancy to any person or family who is
                not an elderly family, unless the agency acquires from
                the person or family a signed statement that no person
                who will be occupying the unit uses (or has a history
                of use) of drugs or alcohol that would interfere with
                the health, safety, or right to peaceful enjoyment of
                the premises by other tenants.''.

SEC. 3. LEASE PROVISIONS.

    Section 6(l) of the United States Housing Act of 1937 (42 U.S.C.
1437d(l)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) by redesignating paragraph (6) as paragraph (7); and
            (3) by inserting after paragraph (5) following new
        paragraph:
            ``(6) provide that any violation of the provisions of
        section 7(a)(5)(A) or the furnishing of any false or misleading
        information pursuant to section 7(a)(5)(B) shall be cause for
        termination of tenancy; and''.

SEC. 4. PROVISION OF SECTION 8 ASSISTANCE TO MOVE NONELDERLY TENANTS
              HAVING DRUG OR ALCOHOL USE PROBLEMS FROM PUBLIC HOUSING
              DESIGNATED FOR ELDERLY FAMILIES.

    (a) In General.--Section 7(c) of the United States Housing Act of
1937 is amended to read as follows:
    ``(c) Limitations on Evictions.--
            ``(1) In general.--Except as provided in paragraph (2), any
        tenant who is lawfully residing in a dwelling unit in a public
        housing project may not be evicted or otherwise required to
        vacate such unit because of the designation of the project (or
        a portion of the project) pursuant to this section or because
        of any action taken by the Secretary of Housing and Urban
        Development or any public housing agency pursuant to this
        section.
            ``(2) Eviction of nonelderly tenants having drug or alcohol
        use problems in housing designated for elderly families.--A
        tenant in a project (or portion of a project) that is
        designated under subsection (a)(1) for occupancy by only
        elderly families or by only elderly and disabled families shall
        be evicted under this paragraph if--
                    ``(A) the tenant's household includes a person
                described in clause (i) or (ii) of subsection
                (a)(5)(A); and
                    ``(B) upon termination of the tenant's tenancy in
                the project, the public housing agency provides rental
                assistance under section 8 on behalf of the tenant.''.
    (b) Preference for Section 8 Assistance.--
            (1) Certificates.--Section 8(d)(1)(A)(i) of the United
        States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)(i)) is
        amended by inserting after ``income for rent,'' the following:
        ``are required to be evicted under section 7(c)(2) if
        assistance under this section is provided on behalf of the
        family,''.
            (2) Vouchers.--The first sentence of section 8(o)(3)(B) of
        the United States Housing Act of 1937 (42 U.S.C.
        1437f(o)(3)(B)) is amended by inserting after ``displaced,''
        the following: ``are required to be evicted under section
        7(c)(2) if assistance under this section is provided on behalf
        of the family,''.

Output: Senior Citizens Housing Safety Act - Amends the United States Housing Act of 1937 to prohibit persons with drug or alcohol problems from occupying dwelling units in assisted housing designated for elderly families.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Taiwan Anti-Ballistic
Missile Defense Cooperation Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The stability and security of Taiwan and the balance of
        power in the Taiwan Strait are key elements for the continued
        peace and stability of the greater Asia-Pacific region, and the
        indefinite continuation of such stability and security and
        balance of power is in the vital national security interest of
        the United States.
            (2) The People's Republic of China is currently engaged in
        a comprehensive military modernization campaign that is
        enhancing the power-projection capabilities of the People's
        Liberation Army, including the introduction of advanced
        ballistic and cruise missiles that could alter the current
        balance of power in the Taiwan Strait and in the greater Asia-
        Pacific region.
            (3) The current lack of transparency in the People's
        Republic of China military infrastructure and its associated
        defense establishment and the opaqueness of the comprehensive
        efforts of the People's Liberation Army to modernize its
        ballistic and cruise missile programs could spark a regional
        arms race that would destabilize the East Asia and Western
        Pacific regions and threaten vital United States national
        security interests.
            (4) In March 1996, the People's Liberation Army created a
        temporary, but de facto, blockade of both the international
        shipping lanes of the Taiwan Strait and the international
        airspace around Taiwan by conducting live-fire military
        exercises which included the launch of several advanced,
        nuclear-capable M-9 ballistic missiles to target areas close to
        major ports in both the northern and southern areas of Taiwan.
            (5) In March 1996, the locations of People's Liberation
        Army military activities and M-9 missile target areas nearby to
        Taiwan's two largest ports, Keelung and Kaohsiung, created a de
        facto blockade of the Taiwan Strait, international waters and
        airspace, interfered with United States and international
        shipping and aviation, and impinged upon the national security
        interests of the United States, requiring the immediate
        deployment of two United States aircraft carrier battle groups
        to the South China Sea.
            (6) The actions of the People's Liberation Army in such
        close proximity to Taiwan were deliberate attempts to disrupt
        Taiwan's social and economic stability and were carried out as
        attempts to intimidate the people of Taiwan during the period
        leading up to Taiwan's historic first democratic presidential
        election.
            (7) The early development and deployment of an effective
        United States theater missile defense system to the Asia-
        Pacific region, and the adjustment of United States policy to
        include Taiwan, including the Penghu Islands, Kinmen, and
        Matsu, under the protection of such defense system, would be
        prudent and appropriate responses to--
                    (A) the refusal by the People's Republic of China
                to renounce the use of force to determine the future of
                Taiwan;
                    (B) the nature of the military threat of the
                People's Republic of China posed by the increased focus
                of the People's Liberation Army on advanced missile
                development; and
                    (C) the demonstrated intent of the Government of
                the People's Republic of China to use live-fire
                military exercises and ballistic missile tests against
                the people and Government of Taiwan as tools of so-
                called coercive diplomacy.
            (8) The early deployment of a United States theater anti-
        ballistic missile system in the Asia-Pacific region would
        maintain a balance of power in the Taiwan Strait and deter the
        People's Republic of China from resorting to military
        intimidation tactics to coerce or manipulate the people and
        freely elected Government of Taiwan in the future.
            (9) While Taiwan is currently acquiring a local aircraft
        and ballistic and cruise missile defense capability in the form
        of the Modified Air Defense System (MADS), a larger portion of
        Taiwan's territory and population would be protected if this
        system were expanded to include a defense of the Taichung
        region, Kaohsiung, the Penghu Islands, Kinmen, and Matsu from
        limited ballistic missile attacks and a deterrent against the
        threat and use of force against Taiwan by the People's
        Liberation Army to achieve the political goals of the core
        leadership of the People's Republic of China.
            (10) Taiwan has requested further United States cooperation
        on missile defense, including the conduct of a joint
        architecture study of the requirements for the establishment
        and operation of a missile defense system for Taiwan, including
        the Penghu Islands, Kinmen, and Matsu.
            (11) On June 9, 1898, the ``Convention Respecting an
        Extension of Hong Kong Territory'' was agreed to between
        representatives of the governments of Great Britain and China
        to lease the New Territories for the period of 99 years
        beginning on July 1, 1898.
            (12) On December 19, 1984, the ``Sino-British Joint
        Declaration'', agreed to between representatives of the
        governments of Great Britain and China, established the terms
        for the return to China on July 1, 1997, of the Hong Kong area
        (including the Hong Kong Island, Kowloon, and the New
        Territories (hereafter in this resolution referred to as ``Hong
        Kong'').
            (13) No treaties exist between the People's Republic of
        China and Taiwan which determine the future status of Taiwan.
            (14) The People's Republic of China attempts to apply to
        Taiwan the formula commonly known as ``one country, two
        systems'' in an effort to annex Taiwan to China.
            (15) The People's Republic of China has refused to renounce
        the use of force against Taiwan and held military exercises in
        the Taiwan Strait in March 1996 in an attempt to intimidate the
        people of Taiwan in their first presidential elections.
            (16) The Taiwan Relations Act states that ``[i]t is the
        policy of the United States . . . to consider any effort to
        determine the future of Taiwan by other than peaceful means,
        including by boycotts or embargoes, a threat to the peace and
        security of the Western Pacific area and of grave concern to
        the United States''.

SEC. 3. STUDY AND REPORT RELATING TO ESTABLISHMENT AND OPERATION OF A
              THEATER BALLISTIC MISSILE DEFENSE SYSTEM IN THE ASIA-
              PACIFIC REGION.

    (a) Study.--The Secretary of Defense shall carry out a study of the
architecture requirements for the establishment and operation of a
theater ballistic missile defense system in the Asia-Pacific region
that would have the capability to protect Taiwan from ballistic missile
attacks. The study shall include a description of appropriate measures
by which the United States would cooperate with Taiwan and provide
Taiwan with an advanced local-area ballistic missile defense system.
    (b) Report.--Not later than July 1, 1998, the Secretary of Defense
shall submit to the Committee on National Security of the House of
Representatives and the Committee on Armed Services of the Senate a
report containing--
            (1) the results of the study conducted under subsection
        (a);
            (2) the factors used to obtain such results;
            (3) a description of any existing United States missile
        defense system that could be transferred to Taiwan in
        accordance with the Taiwan Relations Act in order to allow
        Taiwan to provide for its self-defense against limited
        ballistic missile attacks.
    (c) Form of Report.--The report under subsection (b) shall be
submitted in both classified and unclassified form.

SEC. 4. TRANSFER OF BALLISTIC MISSILE DEFENSE SYSTEMS TO TAIWAN.

    It is the sense of the Congress that the President, if requested by
the Government of Taiwan and in accordance with the results of the
study conducted under section 3, should transfer to the Government of
Taiwan appropriate defense articles or defense services under the
foreign military sales program under chapter 2 of the Arms Export
Control Act (22 U.S.C. 2761 et seq.) for the purpose of establishing
and operating a local-area ballistic missile defense system to protect
Taiwan, including the Penghu Islands, Kinmen, and Matsu, against
limited ballistic missile attacks.

SEC. 5. STATEMENT OF POLICY RELATING TO UNITED STATES THEATER MISSILE
              DEFENSES FOR THE ASIA-PACIFIC REGION.

    The Congress declares that it is in the national interest of the
United States that Taiwan be included in any effort at ballistic
missile defense cooperation, networking, or interoperability with
friendly and allied nations in the Asia-Pacific region.

SEC. 6. SENSE OF THE CONGRESS URGING THE PRESIDENT TO MAKE CLEAR TO THE
              PEOPLE'S REPUBLIC OF CHINA THE COMMITMENT OF THE AMERICAN
              PEOPLE TO SECURITY AND DEMOCRACY IN TAIWAN.

    It is the sense of the Congress that the Clinton Administration
should make clear to the leadership of the People's Republic of China,
the American people's firm commitment for security and democracy for
the people of Taiwan and that the United States fully expects that the
resolution of security issues on both sides of the Taiwan Strait will
be resolved by peaceful means.

SEC. 7. ADDITIONAL SENSE OF THE CONGRESS REGARDING TAIWAN.

    It is the sense of the Congress that--
            (1) the transfer of Hong Kong to the People's Republic of
        China does not alter the current and future status of Taiwan;
            (2) the future of Taiwan should be determined by peaceful
        means through a democratic process; and
            (3) the United States, in accordance with the Taiwan
        Relations Act and the constitutional processes of the United
        States, should assist in the defense of Taiwan in case of
        threats or military attack by the People's Republic of China
        against Taiwan.

            Passed the House of Representatives November 6, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

Output: United States-Taiwan Anti-Ballistic Missile Defense Cooperation Act - Directs the Secretary of Defense to study and report to the Congress on:  (1) the architecture requirements for the establishment and operation of a theater ballistic missile defense system in the Asia-Pacific region capable of protecting Taiwan from ballistic missile attacks; and (2) cooperative United States measures which would provide Taiwan with an advanced local-area ballistic missile defense system. Expresses the sense of the Congress that the President, upon the request of the Taiwan Government, and in accordance with such study results, should transfer to the Taiwan Government defense articles or services under the foreign military sales program of the Arms Export Control Act for the purpose of establishing and operating a local-area ballistic missile defense system to protect Taiwan and specified islands against limited ballistic missile attacks. Declares that it is in the U.S. national interest that Taiwan be included in any effort at ballistic missile defense cooperation, networking, or interoperability with friendly and allied nations in the Asia-Pacific region. Expresses the sense of the Congress that the Clinton Administration should make clear to the People's Republic of China the firm commitment of the American people for security and democracy for the people of Taiwan, and that the United States fully expects the peaceful resolution of security issues on both sides of the Taiwan Strait.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Arbitration Act of 2007''.

SEC. 2. ELECTION OF ARBITRATION.

    (a) In General.--Chapter 1 of title 9, United States Code, is
amended by adding at the end the following:
``Sec. 17. Election of arbitration
    ``(a) Fair Disclosure.--In order to be binding on the parties, a
contract containing an arbitration clause shall--
            ``(1) have a printed heading in bold, capital letters
        entitled `arbitration clause', which heading shall be printed
        in letters not smaller than \1/2\ inch in height;
            ``(2) explicitly state whether participation within the
        arbitration program is mandatory or optional;
            ``(3) identify a source that a consumer or employee can
        contact for additional information regarding--
                    ``(A) costs and fees of the arbitration program;
                and
                    ``(B) all forms and procedures necessary for
                effective participation in the arbitration program; and
            ``(4) provide notice that all parties retain the right to
        resolve a dispute in a small claims court, as provided in
        subsection (b)(12).
    ``(b) Procedural Rights.--
            ``(1) In general.--If a contract provides for the use of
        arbitration to resolve a dispute arising out of or relating to
        the contract, each party to the contract shall be afforded the
        rights described in this subsection, in addition to any rights
        provided by the contract.
            ``(2) Competence and neutrality of arbitrator and
        administrative process.--
                    ``(A) In general.--Each party to the dispute
                (referred to in this section as a `party') shall be
                entitled to a competent, neutral arbitrator and an
                independent, neutral administration of the dispute.
                    ``(B) Arbitrator.--Each party shall have a vote in
                the selection of the arbitrator, who--
                            ``(i) unless otherwise agreed by the
                        parties, shall be a member in good standing of
                        the bar of the highest court of the State in
                        which the hearing is to be held;
                            ``(ii) shall comply with the Code of Ethics
                        for Arbitrators in Commercial Disputes of the
                        American Bar Association and the American
                        Arbitration Association and any applicable code
                        of ethics of any bar of which the arbitrator is
                        a member;
                            ``(iii) shall have no--
                                    ``(I) personal or financial
                                interest in the results of the
                                proceedings in which the arbitrator is
                                appointed; or
                                    ``(II) relation to the underlying
                                dispute or to the parties or their
                                counsel that may create an appearance
                                of bias; and
                            ``(iv) prior to accepting appointment,
                        shall disclose all information that might be
                        relevant to neutrality (including service as an
                        arbitrator or mediator in any past or pending
                        case involving any of the parties or their
                        representatives) or that may prevent a prompt
                        hearing.
                    ``(C) Administration.--The arbitration shall be
                administered by an independent, neutral alternative
                dispute resolution organization to ensure fairness and
                neutrality and prevent ex parte communication between
                parties and the arbitrator. The arbitrator shall have
                reasonable discretion to conduct the proceeding in
                consideration of the specific type of industry
                involved.
            ``(3) Applicable law.--In resolving a dispute, the
        arbitrator--
                    ``(A) shall be governed by the same substantive law
                that would apply under conflict of laws principles
                applicable in a court of the State in which the party
                that is not drafter of the contract resided at the time
                the contract was entered into; and
                    ``(B) shall be empowered to grant whatever relief
                would be available in court under law or equity.
            ``(4) Representation.--Each party shall have the right to
        be represented by an attorney, or other representative as
        permitted by State law, at their own expense.
            ``(5) Hearing.--
                    ``(A) In general.--Each party shall be entitled to
                a fair arbitration hearing (referred to in this section
                as a `hearing') with adequate notice and an opportunity
                to be heard.
                    ``(B) Electronic or telephonic means.--Subject to
                subparagraph (C), in order to reduce cost, the
                arbitrator may hold a hearing by electronic or
                telephonic means or by a submission of documents.
                    ``(C) Face-to-face meeting.--Each party shall have
                the right to require a face-to-face hearing, which
                hearing shall be held at a location that is reasonably
                convenient for the party who did not draft the contract
                unless in the interest of fairness the arbitrator
                determines otherwise, in which case the arbitrator
                shall use the process described in section 1391 of
                title 28, to determine the venue for the hearing.
            ``(6) Evidence.--With respect to any hearing--
                    ``(A) each party shall have the right to present
                evidence at the hearing and, for this purpose, each
                party shall grant access to all information reasonably
                relevant to the dispute to the other parties, subject
                to any applicable privilege or other limitation on
                discovery under applicable State law;
                    ``(B) consistent with the expedited nature of
                arbitration, relevant and necessary prehearing
                depositions shall be available to each party at the
                direction of the arbitrator; and
                    ``(C) the arbitrator shall--
                            ``(i) make reasonable efforts to maintain
                        the privacy of the hearing to the extent
                        permitted by applicable State law; and
                            ``(ii) consider appropriate claims of
                        privilege and confidentiality in addressing
                        evidentiary issues.
            ``(7) Cross examination.--Each party shall have the right
        to cross examine witnesses presented by the other parties at a
        hearing.
            ``(8) Record of proceeding.--Any party seeking a
        stenographic record of a hearing shall make arrangements
        directly with a stenographer and shall notify the other parties
        of these arrangements not less than 3 days before the date of
        the hearing. The requesting party shall pay the costs of
        obtaining the record. If the transcript is agreed by the
        parties, or determined by the arbitrator to be the official
        record of the proceeding, it shall be provided to the
        arbitrator and made available to the other parties for
        inspection, at a date, time, and place determined by the
        arbitrator.
            ``(9) Timely resolution.--
                    ``(A) In general.--Upon submission of a complaint
                by the claimant, the respondent shall have not more
                than 30 days to file an answer.
                    ``(B) Evidence.--After the answer is filed by the
                respondent, the arbitrator shall direct each party to
                file documents and to provide evidence in a timely
                manner so that the hearing may be held not later than
                90 days after the date of the filing of the answer.
                    ``(C) Extensions.--In extraordinary circumstances
                (including multiparty, multidistrict, or complex
                litigation) the arbitrator may grant a limited
                extension of the time limits under this paragraph, or
                the parties may agree to such an extension.
                    ``(D) Decision.--The arbitrator shall notify each
                party of its decision not later than 30 days after the
                hearing.
            ``(10) Written decision.--The arbitrator shall provide each
        party with a written explanation of the factual and legal basis
        for the decision. This written decision shall describe the
        application of an identified contract term, statute, or legal
        precedent. The decision of the arbitrator shall be subject to
        review only as provided in subsection (c)(2) of this section
        and sections 10, 11, and 16 of this title.
            ``(11) Expenses.--The arbitrator or independent arbitration
        administration organization, as applicable, shall have the
        authority to--
                    ``(A) provide for reimbursement of arbitration fees
                to the claimant, in whole or in part, as part of the
                remedy in accordance with applicable law or in the
                interests of justice; and
                    ``(B) waive, defer, or reduce any fee or charge due
                from the claimant in the event of extreme hardship.
            ``(12) Small claims opt out.--
                    ``(A) In general.--Each party shall have the right
                to opt out of binding arbitration and to proceed in any
                small claims court with jurisdiction over the claim.
                For purposes of this paragraph, no court with
                jurisdiction to hear claims in excess of $50,000 shall
                be considered a small claims court.
                    ``(B) Exception.--If a complaint in small claims
                court is amended to exceed the lesser of the
                jurisdictional amount of that court or a claim for
                $50,000 in total damages, the small claims court
                exemption of this paragraph shall not apply and the
                parties shall proceed by arbitration.
    ``(c) Denial of Rights.--
            ``(1) Denial of rights by party misconduct.--
                    ``(A) In general.--At any time during an
                arbitration proceeding, any party may file a motion
                with the arbitrator asserting that another party has
                deprived the movant of a right granted by this section
                and seeking relief.
                    ``(B) Award by arbitrator.--If the arbitrator
                determines that the movant has been deprived of a right
                granted by this section by another party, the
                arbitrator shall award the movant a monetary amount,
                which shall not exceed the reasonable expenses incurred
                by the movant in filing the motion, including
                attorneys' fees, unless the arbitrator finds that--
                            ``(i) the motion was filed without the
                        movant first making a good faith effort to
                        obtain discovery or the realization of another
                        right granted by this section;
                            ``(ii) the opposing party's nondisclosure,
                        failure to respond, response, or objection was
                        substantially justified; or
                            ``(iii) the circumstances otherwise make an
                        award of expenses unjust.
            ``(2) Denial of rights by arbitrator.--
                    ``(A) In general.--A losing party in an arbitration
                proceeding may file a petition in the United States
                district court in the State in which the party that did
                not draft the contract resided at the time the contract
                was entered into to assert that the arbitrator violated
                a right granted to the party by this section and to
                seek relief.
                    ``(B) Review.--A United States district court may
                grant a petition filed under subparagraph (A) if the
                court finds clear and convincing evidence that an
                action or omission of the arbitrator resulted in a
                deprivation of a right of the petitioner under this
                section that was not harmless. If such a finding is
                made, the court shall order a rehearing before a new
                arbitrator selected in the same manner as the original
                arbitrator as the exclusive judicial remedy provided by
                this section.
    ``(d) Limitation on Claims.--Except as otherwise expressly provided
in this section, nothing in this section may be construed to be the
basis for any claim in law or equity.
    ``(e) Definitions.--In this section--
            ``(1) the term `contract' means a contract evidencing a
        transaction involving commerce; and
            ``(2) the term `State' includes the District of Columbia,
        the Commonwealth of Puerto Rico, Guam, the Commonwealth of the
        Northern Mariana Islands, and the Virgin Islands.''.
    (b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 1 of title 9, United States Code, is amended
by adding at the end the following:

``17. Election of arbitration.''.
    (c) Effective Date.--The amendments made by this section shall
apply to any contract (as that term is defined in section 17 of title
9, United States Code, as added by this Act) entered into after the
date that is 6 months after the date of enactment of this Act.

Output:
Fair Arbitration Act of 2007 - Requires a contract containing an arbitration clause, in order to be binding on the parties, to: (1) have a heading "ARBITRATION CLAUSE" printed in bold, capital letters; (2) state explicitly whether participation in arbitration is mandatory or optional; (3) identify a source that a consumer or employee can contact for additional information regarding the arbitration program; and (4) provide notice that all parties retain the right to resolve a dispute in a small claims court for a claim of $50,000 or less.

Entitles each party under arbitration to: (1) a competent, neutral arbitrator and independent, neutral administration of the dispute; (2) representation by an attorney or other representative at such party's expense; (3) a fair arbitration hearing; (4) a face-to-face hearing; (5) the right to present evidence and cross examine witnesses; (6) a written explanation of the basis for the arbitrator's decision; and (7) the right to opt out of binding arbitration and into the small claims court (for claims of $50,000 or less).

Prescribes procedures for complaints by any party of denial of rights by the other party or the arbitrator.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bank and Thrift Disclosure Act of
1993''.

SEC. 2. PUBLIC AVAILABILITY OF EXAMINATION INFORMATION.

    (a) In General.--Each appropriate banking agency shall make
available to the public copies of reports of all examinations of each
failed depository institution that received funds, as defined in
section 6, or of a holding company of such institution, that was
performed by that banking agency or its predecessor, during the 5-year
period preceding the transfer, failure, or receipt of funds. Each
appropriate banking agency other than the National Credit Union
Administration Board shall consult with the Federal Deposit Insurance
Corporation or the Resolution Trust Corporation prior to making such
reports available to the public.
    (b) Delay of Publication.--
            (1) Threats to safety or soundness of institution.--If the
        appropriate banking agency makes a determination in writing
        that release of an examination report would seriously threaten
        the safety or soundness of an insured depository institution,
        such agency may initially delay release of the examination
        report for a reasonable period of time, not to exceed 12 months
        from the date of the transfer, failure, or receipt of funds
        described in section 6. Such determination may be renewed on an
        annual basis.
            (2) Ongoing investigations.--If the appropriate banking
        agency or the Resolution Trust Corporation determines in
        writing that release of a portion of an examination report
        would hinder an ongoing investigation of alleged negligence, or
        of other activity that would give rise to either administrative
        or civil proceedings, the portion of the examination report
        directly pertaining to the alleged negligence or other
        activity, may be withheld from release during the
        investigation, until a notice of charges is issued, a complaint
        is filed, or for a period not to exceed 24 months from the date
        of the transfer, failure, or receipt of funds described in
        section 6, whichever is earlier.
            (3) Delay pending criminal investigation.--If the
        appropriate banking agency and the Attorney General of the
        United States or the attorney general of a State, in the case
        of a State-chartered depository institution, jointly determine
        that release of a portion of an examination report would hinder
        an ongoing investigation of alleged criminal activity, the
        portion of the examination report directly pertaining to the
        alleged crime may be withheld from release until the
        termination of such investigation, the issuance of an
        indictment, or for a period of not to exceed 5 years from the
        date of the transfer, failure or receipt of funds described in
        section 6, whichever is earlier. The Attorney General of the
        United States or the attorney general of a State shall provide
        the Comptroller General of the United States with access to
        information regarding any such criminal investigation, and
        shall identify any law enforcement agencies or resources
        assigned to the investigation.
    (c) Exclusion of Open Institutions.--
            (1) Open institutions.--This section shall not apply to any
        open insured depository institution and shall not be construed
        to require disclosure to the public of any report of
        examination of any open insured depository institution.
            (2) Affiliated solvent institutions.--In connection with
        the release of an examination report of a holding company of a
        failed institution, nothing in this section shall be construed
        as requiring the release of any examination report information
        regarding any solvent depository institution that is also a
        subsidiary of such holding company.

SEC. 3. PROHIBITION OF CONFIDENTIAL SETTLEMENTS.

    Notwithstanding any other provision of law or any rule, regulation,
or order issued thereunder, all agreements or settlements of claims
between the Resolution Trust Corporation or the Federal Deposit
Insurance Corporation and any other party, where such agreement or
claim relates to an institution described in section 6 shall be made
available to the public.

SEC. 4. APPLICABILITY.

    The requirements of section 2 shall apply--
            (1) to any insured depository institution that has had its
        assets or liabilities, or any part thereof, transferred to the
        FSLIC Resolution Fund or the Resolution Trust Corporation;
            (2) to any member of the Bank Insurance Fund that has
        failed and received funds, if during either the fiscal year in
        which the institution failed or the fiscal year in which the
        institution received funds, as defined in section 6, the Bank
        Insurance Fund--
                    (A) had outstanding loans, or had otherwise
                received funds, from the Department of the Treasury,
                the Federal Financing Bank, or any Federal Reserve
                bank; or
                    (B) had a negative fund balance;
            (3) to any member of the Savings Association Insurance Fund
        that has failed and received funds, if during either the fiscal
        year in which the institution failed or the fiscal year in
        which the institution received funds, as defined in section 6,
        the Savings Association Insurance Fund--
                    (A) had outstanding loans, or had otherwise
                received funds, from the Department of the Treasury,
                the Federal Financing Bank, or any Federal Reserve
                bank; or
                    (B) had a negative fund balance; and
            (4) to any insured credit union that has failed and
        received funds, if during either the fiscal year in which the
        credit union failed or the fiscal year in which the credit
        union received funds, as defined in section 6, the National
        Credit Union Share Insurance Fund--
                    (A) had outstanding loans, or had otherwise
                received funds, from the Department of the Treasury,
                the Federal Financing Bank, or any Federal Reserve
                Bank; or
                    (B) had a negative fund balance.

SEC. 5. REMOVAL OF CUSTOMER INFORMATION FROM EXAMINATION REPORTS.

    In making available reports of examinations under section 2, the
appropriate Federal banking agency shall excise the following
information:
            (1) Noninstitution-affiliated parties.--The names and all
        other identifying information for all persons who are not
        institution-affiliated parties of an insured depository
        institution.
            (2) Institution-affiliated parties.--The names and any
        information related to an institution-affiliated party that is
        not relevant to the relationship between the insured depository
        institution and the institution-affiliated party.
            (3) Open institutions.--The names and all other identifying
        information pertaining to open insured depository institutions.
            (4) Examiners.--Any reference to the examiners and other
        banking agency employees involved in the examination of the
        insured depository institution.
            (5) Whistleblowers.--All references to persons or entities
        that have provided information in confidence to a banking
        agency which may be utilized to pursue a civil or criminal
        action.

SEC. 6. DEFINITIONS.

    For purposes of this section--
            (1) an insured depository institution has ``failed'' if the
        Federal Deposit Insurance Corporation, Resolution Trust
        Corporation, or National Credit Union Administration Board--
                    (A) has been appointed as receiver or liquidator
                for such institution; or
                    (B) has exercised the power to provide assistance
                under section 13(c)(2) of the Federal Deposit Insurance
                Act or the analogous powers under section 21A of the
                Federal Home Loan Bank Act.
            (2) an insured depository institution has ``received
        funds'' if the institution, its holding company, or an
        acquiring institution receives cash or other valuable
        consideration from the National Credit Union Administration
        Board, the Resolution Trust Corporation, the Federal Deposit
        Insurance Corporation, or any Federal Reserve bank that lends
        for more than 30 days while the insured depository institution
        is critically undercapitalized within the 1-year period prior
        to the failure of the insured depository institution whether in
        the form of a loan, a payment to depositors or other creditors,
        the assumption of liabilities, or otherwise;
            (3) the term ``insured depository institution'' has the
        same meaning as in section 3 of the Federal Deposit Insurance
        Act, except that such term includes an insured credit union, as
        defined in section 101 of the Federal Credit Union Act; and
            (4) the term ``appropriate banking agency'' means the
        Federal Deposit Insurance Corporation, the Board of Governors
        of the Federal Reserve System, the Comptroller of the Currency,
        the Office of Thrift Supervision, or the National Credit Union
        Administration Board, and, in the case of a State-chartered
        depository institution, the appropriate State depository
        institution regulatory agency.

SEC. 7. ADDITIONAL DISCLOSURES BY FDIC, NCUA, AND RTC.

    (a) Borrowers.--Not later than 6 months after being appointed
receiver or liquidator for any failed institution that received funds,
as defined in section 6, the Federal Deposit Insurance Corporation,
National Credit Union Administration, or the Resolution Trust
Corporation, as appropriate, shall make available to the public the
name and loan balance of any borrower who--
            (1) was an executive officer, director, or principal
        shareholder of the institution, or a related interest of any
        such person, as such terms are defined in section 22(h) of the
        Federal Reserve Act; and
            (2) at the time that the receiver was appointed, was more
        than 90 days delinquent on a loan.
    (b) Transactions.--Not later than 12 months after being appointed
receiver or liquidator for any failed institution that received funds,
as defined in section 6, the Federal Deposit Insurance Corporation, the
National Credit Union Administration Board, or the Resolution Trust
Corporation shall make available, and update periodically thereafter, a
list of pending and settled lawsuits brought by such agency involving
transactions (other than those listed in subsection (a)) that caused a
material loss to such institution or to the deposit insurance fund.

SEC. 8. GAO AUDITS.

    The Comptroller General shall selectively audit examination reports
made available to the public by the appropriate Federal banking
agencies under section 2, and disclosures made by the Federal Deposit
Insurance Corporation, National Credit Union Administration, and
Resolution Trust Corporation under section 7, to assess compliance with
the requirements of those sections. The Comptroller General shall
determine the nature, scope, terms, and conditions of audits conducted
under this section.

Output:
Bank and Thrift Disclosure Act of 1993 - Requires each appropriate banking agency to disclose to the public the reports of all examinations of each failed depository institution performed during the five-year period preceding its transfer, failure, or receipt of certain Federal depository insurance (or other Federal "bail-out" funds).  Limits such disclosure requirement to an institution that received such funds while it was critically undercapitalized within the one-year period before its failure.  Cites conditions under which public disclosure may be delayed because of threats to safety, soundness, or pending administrative, civil, or criminal investigations.  Subjects a holding company of such a failed institution to the same public disclosure requirements, but excludes open institutions and affiliated solvent institutions.
Mandates public disclosure of settlement agreements between the Resolution Trust Corporation or the Federal Deposit Insurance Corporation and any other party with respect to certain failed depository institutions.
Applies the public disclosure requirements of this Act to specified kinds of failed institutions.
Shields certain identifying and customer information from the disclosure requirements.
Requires the appropriate banking agencies to:  (1) make public disclosures of loans by insiders (senior personnel and principal shareholders) who have defaulted on loans made by a failed institution; and (2) provide the public with periodic updates of pending and settled lawsuits brought by such agencies involving transactions that caused a material loss to either the failed depository institution or to the deposit insurance fund.
Directs the Comptroller General to selectively audit examination reports and public disclosures made by the appropriate banking agencies to assess their compliance with this Act.