Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ninth Circuit Court of Appeals
Reorganization Act of 2000''.

SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS.

    Section 41 of title 28, United States Code, is amended--
            (1) in the matter before the table, by striking
        ``thirteen'' and inserting ``fourteen''; and
            (2) in the table--
                    (A) by striking the item relating to the ninth
                circuit and inserting the following:

    ``Ninth........................
                                        Arizona, California, Nevada.'';
    and
                    (B) by inserting between the last 2 items the
                following:

    ``Twelfth......................
                                        Alaska, Guam, Hawaii, Idaho,
                                                Montana, Northern
                                                Mariana Islands,
                                                Oregon, Washington.''.

SEC. 3. NUMBER OF CIRCUIT JUDGES.

    The table in section 44(a) of title 28, United States Code, is
amended--
            (1) by striking the item relating to the ninth circuit and
        inserting the following:

``Ninth.....................................................      20'';
    and
            (2) by inserting between the last 2 items the following:

``Twelfth...................................................       8''.

SEC. 4. PLACES OF CIRCUIT COURT.

    The table in section 48(a) of title 28, United States Code, is
amended--
            (1) by striking the item relating to the ninth circuit and
        inserting the following:

    ``Ninth........................
                                        San Francisco, Los Angeles.'';
    and
            (2) by inserting between the last 2 items at the end the
        following:

    ``Twelfth......................
                                        Portland, Seattle.''.

SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES.

    Each circuit judge in regular active service of the former ninth
circuit whose official station on the day before the effective date of
this Act--
            (1) is in Arizona, California, or Nevada is assigned as a
        circuit judge of the new ninth circuit; and
            (2) is in Alaska, Guam, Hawaii, Idaho, Montana, Northern
        Mariana Islands, Oregon, or Washington is assigned as a circuit
        judge of the twelfth circuit.

SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

    Each judge who is a senior judge of the former ninth circuit on the
day before the effective date of this Act may elect to be assigned to
the new ninth circuit or to the twelfth circuit and shall notify the
Director of the Administrative Office of the United States Courts of
such election.

SEC. 7. SENIORITY OF JUDGES.

    The seniority of each judge--
            (1) who is assigned under section 5 of this Act; or
            (2) who elects to be assigned under section 6 of this Act;
shall run from the date of commission of such judge as a judge of the
former ninth circuit.

SEC. 8. APPLICATION TO CASES.

    The provisions of the following paragraphs of this section apply to
any case in which, on the day before the effective date of this Act, an
appeal or other proceeding has been filed with the former ninth
circuit:
            (1) If the matter has been submitted for decision, further
        proceedings in respect of the matter shall be had in the same
        manner and with the same effect as if this Act had not been
        enacted.
            (2) If the matter has not been submitted for decision, the
        appeal or proceeding, together with the original papers,
        printed records, and record entries duly certified, shall, by
        appropriate orders, be transferred to the court to which the
        matter would have been submitted had this Act been in full
        force and effect at the time such appeal was taken or other
        proceeding commenced, and further proceedings in respect of the
        case shall be had in the same manner and with the same effect
        as if the appeal or other proceeding had been filed in such
        court.
            (3) A petition for rehearing or a petition for rehearing en
        banc in a matter decided before the effective date of this Act,
        or submitted before the effective date of this Act and decided
        on or after the effective date as provided in paragraph (1),
        shall be treated in the same manner and with the same effect as
        though this Act had not been enacted. If a petition for
        rehearing en banc is granted, the matter shall be reheard by a
        court comprised as though this Act had not been enacted.

SEC. 9. DEFINITIONS.

    In this Act, the term--
            (1) ``former ninth circuit'' means the ninth judicial
        circuit of the United States as in existence on the day before
        the effective date of this Act;
            (2) ``new ninth circuit'' means the ninth judicial circuit
        of the United States established by the amendment made by
        section 2(2); and
            (3) ``twelfth circuit'' means the twelfth judicial circuit
        of the United States established by the amendment made by
        section 2(3).

SEC. 10. ADMINISTRATION.

    The court of appeals for the ninth circuit as constituted on the
day before the effective date of this Act may take such administrative
action as may be required to carry out this Act and the amendments made
by this Act. Such court shall cease to exist for administrative
purposes on July 1, 2002.

SEC. 11. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall become effective
on October 1, 2000.

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf Coast College Revitalization
Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) Approximately 30 institutions of higher education in
        the Gulf Coast region, serving approximately 100,000 students,
        directly sustained damage from Hurricane Katrina.
            (2) The approximately 30 institutions of higher education
        in the Gulf Coast region impacted by Hurricane Katrina employed
        approximately 30,000 faculty, administrators, and staff.
            (3) Revitalizing institutions of higher education in the
        Gulf Coast region will be a vital element in attracting middle
        and upper income families back to the Gulf Coast region, and in
        ensuring sustained economic recovery to the region's lower
        income families.
            (4) Revitalizing the Gulf Coast economy will depend on
        providing a highly skilled workforce.
            (5) The return of qualified academic professionals and
        administrators is a vital element in the revitalization of
        affected institutions of higher education in the Gulf Coast
        region.
            (6) Students from throughout the Nation who attend
        institutions of higher education in the Gulf Coast region, and
        their families, contribute significantly to the local economy.
            (7) Many of the scientific, health, technology, and
        cultural industries of the Gulf Coast region are dependant on
        local institutions of higher education.
            (8) Hundreds of other institutions of higher education
        throughout America and their students are accommodating victims
        of the Gulf hurricane disasters.
    (b) Sense of Congress.--It is the sense of Congress that the
assistance provided under this Act to revitalize affected institutions
of higher education in the Gulf Coast region is a first step toward
revitalizing and restoring the economic, social, and cultural
prosperity of the entire Gulf Coast region.

SEC. 3. INSTITUTIONAL GRANTS FOR RECRUITMENT AND RETENTION.

    (a) Purpose.--The purpose of this section is to support affected
institutions of higher education in their efforts to revitalize their
communities following the Gulf hurricane disasters.
    (b) Program Authorized.--
            (1) Authority.--The Secretary shall award grants to
        institutions of higher education adversely affected by a Gulf
        hurricane disaster to assist the affected institutions in
        recruiting and retaining students and retaining faculty. The
        Secretary shall award grants under this Act as soon as
        possible, but no later than 6 months after the date of the
        enactment of this Act.
            (2) Duration; limitation.--Each grant awarded to an
        affected institution under this section shall be awarded for a
        period of 5 years, and may not be renewed. An affected
        institution may not receive more than one grant under this
        section.
            (3) Use of funds.--
                    (A) Aid to students.--Not less than 50 percent of
                the funds made available by a grant under this section
                shall be used by an affected institution to provide
                need-based aid to students attending the affected
                institution for academic year 2005-2006, and each of
                the 4 succeeding academic years, for purposes of
                attracting new and returning students to enroll in such
                affected institution. Such need-based aid may include--
                            (i) assisting enrolled students with
                        tuition, fees, and textbook expenses;
                            (ii) employing enrolled students to assist
                        in rebuilding facilities of the affected
                        institution;
                            (iii) providing room and board assistance
                        for enrolled students living on campus;
                            (iv) attracting and retaining first-
                        generation students, minority students, and
                        other at-risk or underserved populations;
                            (v) creating innovative work and study
                        incentives for enrolled students; and
                            (vi) any other aid deemed necessary by the
                        institution and approved by the Secretary.
                    (B) Incentives for faculty.--Not more than 50
                percent of the funds made available by a grant under
                this section shall be used by an affected institution
                to provide incentives for faculty employed by an
                affected institution to remain in the Gulf Coast region
                at such affected institution or, if such affected
                institution is unable to continue to employ such
                faculty, at another affected institution. Such
                incentives may include--
                            (i) employing returning faculty to assist
                        in rebuilding facilities of the affected
                        institution;
                            (ii) developing and providing temporary
                        housing for returning faculty and their
                        dependents who have been displaced from their
                        homes;
                            (iii) continuing salaries and health
                        benefits for returning faculty for up to one
                        year;
                            (iv) providing tuition assistance for
                        returning faculty and their dependents;
                            (v) creating innovative work and research
                        incentives for returning faculty; and
                            (vi) any other incentives deemed necessary
                        by the institution and approved by the
                        Secretary.
                    (C) Institutional promotion.--Not more than 5
                percent of the funds made available by a grant under
                this section shall be used by an affected institution
                to promote the institution at job and college fairs,
                and through the media.
            (4) Prevailing wages.--Wages paid, for purposes of
        rebuilding an affected institution's facilities under paragraph
        (3)(A)(ii) or paragraph (3)(B)(i), to students or faculty in
        whole or in part with grant funds received under this section
        for employment as laborers, mechanics, or service employees
        shall be paid at rates not less than those prevailing in the
        locality as determined by the Secretary of Labor in accordance
        with sections 3141, 3142, and 3145 of title 40, United States
        Code or section 351 of title 41, United States Code, as the
        case may be. Notwithstanding any other provision of law, the
        requirements of this paragraph shall not be waived or
        suspended.
    (c) Applications.--An institution of higher education desiring a
grant under this section shall submit an application to the Secretary
within 90 days of the date of enactment of this Act, in such manner,
and accompanied by such information as the Secretary may require. Each
application shall--
            (1) demonstrate that the institution is an affected
        institution as defined in section 6;
            (2) specify the amount of grant funds requested;
            (3) demonstrate the need of the institution for such grant
        by including in the application--
                    (A) evidence that, as a result of a Gulf hurricane
                disaster, the institution suffered a direct and
                significant economic impact and a decline in student
                enrollment, hindering the institution's ability to
                continue full operation;
                    (B) evidence that, as a result of a Gulf hurricane
                disaster, the institution lost resources necessary to
                retain faculty, hindering the institution's ability to
                continue full operation;
                    (C) an assessment of damage to the infrastructure
                of the institution as a result of a Gulf hurricane
                disaster;
                    (D) information regarding additional needs created
                by a Gulf hurricane disaster; and
                    (E) other relevant data; and
            (4) contain a description of the institution's plan to
        carry out the purposes of this section.
    (d) Priority.--The Secretary shall give priority in awarding grants
under this section to affected institutions most in need, as determined
by the Secretary.
    (e) Reporting Requirements; Reviews.--
            (1) Reports.--Each affected institution receiving a grant
        under this section shall report to the Secretary no later than
        September 30 of each year of the 5-year period for which the
        grant is awarded.
            (2) Contents.--The report shall include--
                    (A) data on the populations served under this
                section;
                    (B) a description of the use of the grant funds
                received under this section, including a description of
                programs developed with such funds;
                    (C) a financial statement accounting for the use of
                the grant funds; and
                    (D) data on the impact of the grant on enrollment
                and retention at the institution, including data on the
                numbers and percentages of new and returning students,
                and the number and percentage of faculty that have been
                retained.
            (3) Reviews.--The Secretary shall conduct periodic reviews
        to ensure that grant funds are being properly managed, and that
        the programs using such funds are achieving their intended
        outcomes.
    (f) Availability of Funds.--There shall be available to the
Secretary to carry out this section, from funds not otherwise
appropriated, $3,000,000,000 for fiscal year 2006, which shall remain
available through fiscal year 2010.

SEC. 4. LOAN FORGIVENESS.

    (a) Statement of Purpose.--The purpose of this section is to
encourage students to continue attending, and to earn degrees from,
affected institutions of higher education.
    (b) Program Authorized.--The Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to repay a
qualified loan amount for a loan made under part B of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1040), and of canceling the
obligation to repay a qualified loan amount for a loan made under part
D or E of such title IV, in accordance with subsection (c), for any
borrower, who--
            (1) returns to or enrolls in an affected institution of
        higher education in academic year 2005-2006, 2006-2007, or
        2007-2008;
            (2) obtains an associate's degree or a bachelor's degree
        from such institution; and
            (3) is not in default on a loan for which the borrower
        seeks forgiveness.
    (c) Qualified Loan Amount.--
            (1) Associate's degree.--Upon completion of an associate's
        degree from an affected institution, the Secretary shall
        repay--
                    (A) in the case of a full-time student, $2,500 for
                each academic year of enrollment at such affected
                institution; or
                    (B) in the case of a student enrolled less than
                full-time, $2,500 for the equivalent of one academic
                year of enrollment as a full-time student at such
                affected institution, as determined by the Secretary;
        not to exceed $5,000.
            (2) Bachelor's degree.--Upon completion of a bachelor's
        degree from an affected institution, the Secretary shall
        repay--
                    (A) in the case of a full-time student, $2,500 for
                each academic year of enrollment at such affected
                institution; or
                    (B) in the case of a student enrolled less than
                full-time, $2,500 for the equivalent of one academic
                year of enrollment as a full-time student at such
                affected institution, as determined by the Secretary;
        not to exceed $10,000.
            (3) Limitation.--The Secretary shall repay not more than
        the total outstanding federal loan obligation of the student,
        or $10,000, whichever is less.
            (4) Prevention of abuse.--The Secretary is authorized to
        issue such regulations as may be necessary to prevent borrowers
        from receiving repayment under this section for an excessive
        period of enrollment in comparison to the enrollment period
        which the Secretary determines is appropriate to obtain an
        associate's or a bachelor's degree.
            (5) Academic year of enrollment.--For the purpose of
        calculating loan repayment under this section, the term
        ``academic year of enrollment'' means the academic year in
        which an affected institution reopens, or any subsequent
        academic year.
    (d) Priority.--The Secretary shall give priority in awarding grants
under this section to students most in need, as determined by the
Secretary.
    (e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
    (f) Availability of Funds.--There shall be available to the
Secretary to carry out this section, from funds not otherwise
appropriated, $1,600,000,000 for fiscal year 2006, which shall remain
available through fiscal year 2013.

SEC. 5. REGULATIONS.

    The Secretary is authorized to issue such regulations as may be
necessary to carry out the provisions of this Act.

SEC. 6. EMERGENCY DESIGNATIONS.

    Sections 3 and 4 of this Act are designated as emergency
requirements pursuant to section 402 of H. Con. Res. 95 (109th
Congress).

SEC. 7. DEFINITIONS.

     For the purposes of this Act:
            (1) Affected institution.--The term ``affected
        institution'' means an institution of higher education (as
        defined in section 102 of the Higher Education Act of 1965 (20
        U.S.C. 1002))--
                    (A) located in an area affected by a Gulf hurricane
                disaster; and
                    (B) that was forced to close, relocate, or
                significantly curtail its activities as a result of
                damage directly sustained by a Gulf hurricane disaster.
            (2) Faculty.--The term ``faculty'' means academic
        professionals, administrators, and staff employed by an
        affected institution--
                    (A) in the case of an institution located in an
                area affected by Hurricane Katrina, as of August 29,
                2005; or
                    (B) in the case of an institution located in an
                area affected by Hurricane Rita, as of September 24,
                2005.
            (3) Gulf hurricane disaster.--The term ``Gulf hurricane
        disaster'' means a major disaster that the President declared
        to exist, in accordance with section 401 of the Robert T.
        Stafford Disaster Relief and Emergency Assistance Act (42
        U.S.C. 5170), and that was caused by Hurricane Katrina or
        Hurricane Rita.
            (4) Area affected by a gulf hurricane disaster.--The term
        ``area affected by a Gulf hurricane disaster'' means a county
        or parish, in an affected State, that has been designated by
        the Federal Emergency Management Agency for disaster assistance
        for individuals and households as a result of Hurricane Katrina
        or Hurricane Rita.
            (5) Affected state.--The term ``affected State'' means the
        State of Alabama, Louisiana, Mississippi, or Texas.

Output:
Gulf Coast College Revitalization Act - Expresses the sense of Congress that the assistance provided under this Act to revitalize institutions of higher education (IHE) affected by Hurricane Katrina or Hurricane Rita is a first step toward revitalizing and restoring the economic, social, and cultural prosperity of the entire Gulf Coast region.

Directs the Secretary (of Education) to award grants to IHEs adversely affected by a Gulf hurricane disaster to assist the affected institutions in recruiting and retaining students and retaining faculty.

Directs the Secretary to assume or cancel repayment obligations for qualified loan amounts under specified student loan programs under the Higher Education Act of 1965 for certain borrowers who return to or enroll in such affected IHEs in academic years 20052006, 20062007, or 20072008, and obtain associates or bachelors degrees from such IHEs.

Designates such provisions for institutional grants and student loan forgiveness under this Act as emergency requirements pursuant to specified budget provisions of H. Con. Res. 95 of the 109th Congress.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Home Energy Conservation Act of
2010''.

SEC. 2. HOME ENERGY CONSERVATION BONDS.

    (a) In General.--Subpart I of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:

``SEC. 54G. HOME ENERGY CONSERVATION BONDS.

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

``Sec. 54G. Home energy conservation bonds.''.
    (d) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act.

Output:
Home Energy Conservation Act of 2010 - Amends the Internal Revenue Code to allow the issuance of tax-exempt home energy conservation bonds to finance qualified residential energy efficiency assistance grants and loans and extend such grants and loans to low and very-low income taxpayers. Imposes a national home energy conservation bond limitation amount of $2.4 billion and allocates such amount to states in proportion to state population.

Defines "qualified residential energy efficiency assistance grants and loans" as any grant or loan to acquire: (1) any property which meets (at a minimum) the requirements of the Energy Star program or the Water Sense program and which is to be installed in a dwelling unit; and (2) any improvement to a dwelling unit made under a plan which is developed by a Residential Energy Services Network, Building Performance Institute, or equivalent energy efficiency expert and is certified by such expert as resulting in at least a 20% reduction in total household energy consumption related to heating, cooling, lighting, and appliances.

 Imposes dollar limitations on such grants and loans and excludes certain types of property from such grant and loan program, including equipment used in connection with a swimming pool or hot tub, any television, any device for converting a digital signal to analog, any DVD player, video cassette recorder, audio equipment, cordless phone, or other property where there is a substantial recreational use.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Wetlands Jurisdiction Act of
2005''.

SEC. 2. STATEMENT OF PURPOSES.

    The purposes of this Act are--
            (1) to clarify the jurisdiction of the Federal Government
        over waters of the United States in light of the decision of
        the Supreme Court in Solid Waste Agency of Northern Cook County
        v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), so that,
        consistent with the States' traditional and primary power over
        land and water use, waters such as isolated wetlands that do
        not have a significant nexus with traditional navigable waters
        are not subject to Federal jurisdiction, but remain subject to
        regulation by the States;
            (2) to provide consistency throughout the Nation in
        determining the jurisdiction of the Federal Government over
        waters of the United States;
            (3) to consolidate in one Federal agency the administrative
        authority of the Federal Government to determine, in accordance
        with this Act, the waters of the United States subject to the
        jurisdiction of the permitting program established by section
        404 of the Federal Water Pollution Control Act (33 U.S.C.
        1344); and
            (4) to protect the right of States to regulate wetlands and
        other waters within their jurisdiction.

SEC. 3. FEDERAL JURISDICTION.

    Section 404(a) of the Federal Water Pollution Control Act (33
U.S.C. 1344(a)) is amended--
            (1) by striking ``(a) The Secretary'' and inserting the
        following:
    ``(a) Issuance of Permits.--
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Jurisdiction.--
                    ``(A) In general.--Waters of the United States,
                including the territorial seas, shall be subject to the
                jurisdiction of the permitting program established by
                this section if the waters are--
                            ``(i) navigable;
                            ``(ii) connected to navigable waters
                        through a continuous, naturally occurring
                        surface water connection; or
                            ``(iii) wetlands adjacent to waters
                        described in clause (i) or (ii).
                    ``(B) Included waters.--For purposes of
                subparagraph (A)(ii) waters shall be considered to be
                connected to navigable waters by a continuous,
                naturally occurring surface water connection if the
                waters are connected by perennial or intermittent
                streams that contribute flow to navigable waters,
                including perennial or intermittent streams that have
                been restored, relocated, or channelized on the surface
                or that flow through culverts.
                    ``(C) Excluded waters.--
                            ``(i) In general.--For purposes of
                        subparagraph (A)(ii), waters shall not be
                        considered to be connected to navigable waters
                        by a continuous, naturally occurring surface
                        water connection if the waters are connected
                        by--
                                    ``(I) sheet flow;
                                    ``(II) ephemeral waters, ground
                                water, manmade ditches, or pipelines;
                                or
                                    ``(III) a municipal separate storm
                                sewer system or any other point source
                                regulated under section 402, including
                                a State program approved under section
                                402(b).
                            ``(ii) Treatment of connecting waters.--The
                        connecting waters described in clause (i) shall
                        not be subject to the jurisdiction of the
                        permitting program established by this section.
                            ``(iii) Fastlands.--Fastlands shall not be
                        subject to the jurisdiction of the permitting
                        program established by this section.''.

SEC. 4. STATUTORY CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, shall be
construed to preclude or deny the right of any State or interstate
agency to control the discharge of dredged or fill material in any
portion of the wetlands or other waters within the jurisdiction of such
State, including any activity of any Federal agency.

SEC. 5. SINGLE AGENCY IMPLEMENTATION.

    Section 404(a) of the Federal Water Pollution Control Act (33
U.S.C. 1344(a)) is further amended by adding the following:
            ``(3) Authority of secretary.--Beginning on the date of
        enactment of this paragraph, the Secretary shall have sole
        administrative authority to determine, in accordance with this
        Act, the waters of the United States subject to the
        jurisdiction of the permitting program established by this
        section.''.

SEC. 6. DETERMINATION OF JURISDICTION.

    Section 404(a) of the Federal Water Pollution Control Act (33
U.S.C. 1344(a)) is further amended by adding the following:
            ``(4) Request for determination.--A person who holds an
        ownership interest in property, or who has written
        authorization from such person, may submit to the Secretary a
        request identifying the property and requesting the Secretary
        to determine the presence or absence of waters of the United
        States subject to the jurisdiction of the permitting program
        established by this section. The person making the request may
        limit the request to a determination of the presence or absence
        of any of the waters described in paragraph (2)(A)(i),
        (2)(A)(ii), or (2)(A)(iii).
            ``(5) Requests for additional information.--Not later than
        30 days after the date of receipt of a request under paragraph
        (4), the Secretary may make one request for such additional
        information as may be necessary to make the jurisdiction
        determination.
            ``(6) Determination and notification by the secretary.--Not
        later that 90 days after the date of receipt of a request under
        paragraph (4), or not later than 60 days after the date of
        receipt of additional information provided under paragraph (5),
        whichever is later, the Secretary shall--
                    ``(A) make a jurisdictional determination for the
                waters described in the request; and
                    ``(B) provide written notification of the
                jurisdictional determination to the person submitting
                the request, together with written documentation of the
                determination and a written basis for the
                determination.
            ``(7) Authority to seek immediate judicial review.--
                    ``(A) In general.--Any person authorized under
                paragraph (4) to request a jurisdictional determination
                for property may--
                            ``(i) seek judicial review of any such
                        jurisdictional determination, or injunctive
                        relief in the case of a failure to make a
                        determination, in the United States District
                        Court for the district in which the property is
                        located; or
                            ``(ii) proceed under the administrative
                        appeals process established under this section.
                    ``(B) Waters subject to review.--Judicial review,
                injunctive relief, or administrative appeal under
                subparagraph (A) may be sought for any of the waters
                described in paragraph (2)(A)(i), (2)(A)(ii), or
                (2)(A)(iii), as specified in the request made under
                paragraph (4).
                    ``(C) Judicial review following administrative
                appeals.--Any person who elects to proceed under the
                administrative appeals process shall retain the right
                to seek in the United States District Court for the
                district in which the property is located judicial
                review of the final decision of the Secretary under the
                administrative appeals process.''.

SEC. 7. DEFINITIONS.

    Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is further amended by adding at the end the following:
    ``(v) Definitions.--In this section, the following definitions
apply:
            ``(1) Adjacent wetlands.--The term `adjacent wetlands'
        means wetlands that are physically touching (abutting or
        contiguous to) a water described in subsection (a)(2)(A)(i) or
        (a)(2)(A)(ii). Wetlands separated by a riverbank from which
        river water overflows into the wetlands annually or biannually
        are adjacent wetlands for purposes of this section.
            ``(2) Culvert.--The term `culvert' means a pipe or
        structure that conveys perennial or intermittent streams from
        one side of a linear structure, such as a roadway, to the other
        side.
            ``(3) Fastlands.--The term `fastlands' means areas located
        within legally constituted manmade structures, such as levees
        and dikes, constructed and maintained to permit the utilization
        of the areas for commercial, industrial, or residential
        purposes consistent with local land use planning requirements.
            ``(4) Navigable.--The term `navigable' means a water that
        is presently used, or is susceptible to use, in its natural
        condition or by reasonable improvement as a means to transport
        interstate or foreign commerce shoreward to its ordinary
        highwater mark, including all waters that are subject to the
        ebb and flow of the tide shoreward to their mean highwater
        mark.
            ``(5) Sheet flow.--The term `sheet flow' means non-
        channelized water flowing over upland.
            ``(6) Wetlands.--The term `wetlands' means those lands that
        have a predominance of hydric soils and that are inundated or
        saturated by surface water or ground water at a frequency and
        duration to support, and that under normal circumstances do
        support, a prevalence of vegetation typically adapted for life
        in saturated soil conditions. Wetlands generally include
        swamps, marshes, bogs, and similar areas.''.

Output:
Federal Wetlands Jurisdiction Act of 2005 - Amends the Federal Water Pollution Control Act to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material (permitting program) if such waters are: (1) navigable; (2) connected to navigable waters through a continuous, naturally occurring surface water connection; or (3) wetlands adjacent to such navigable or connected waters.

States that waters are considered connected to navigable waters for purposes of this Act if connected by perennial or intermittent streams that contribute flow to navigable waters. Excludes from the definition those waters connected by: (1) sheet flow (non-channelized water flowing over upland); (2) ephemeral waters, ground water, manmade ditches, or pipelines; or (3) a municipal separate storm sewer system or any other regulated point source.

Excludes fastlands (areas located behind legally constituted manmade structures) from the jurisdiction of the permitting program.

Grants sole authority to the Secretary of the Army to determine the waters subject to the jurisdiction of the permitting program.

Sets forth procedures whereby property owners, or those with written authorization from such owners, may: (1) request that the Secretary determine jurisdiction under this Act and thereafter seek judicial review or injunctive relief; or (2) proceed under the administrative appeals process.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``West Nile Virus and Arboviral
Disease Act''.

SEC. 2. TEMPORARY PROGRAM FOR WEST NILE VIRUS AND RELATED ARBOVIRAL
              DISEASES.

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

SEC. 3. RESEARCH PROGRAM.

    Part B of title II of the Public Health Service Act (42 U.S.C. 238
et seq.) is amended by adding at the end the following:

``SEC. 249. ARBOVIRUS RESEARCH PROGRAM.

    ``(a) In General.--The President shall expand, intensify, and
enhance research (either directly or through the awarding of grants or
contracts) to--
            ``(1) identify or develop methods of controlling the
        population of insects that transmit to humans diseases that
        have significant adverse health consequences (including the
        West Nile Virus);
            ``(2) develop rapid screening tools for West Nile Virus in
        blood or organs;
            ``(3) develop pathogen inactivation technologies
        (technologies that safely and cost-effectively remove RNA and
        DNA from blood); and
            ``(4) develop additional methodologies for containing the
        spread of the West Nile Virus or other related arboviruses.
    ``(b) Scope of Activities.--Activities under subsection (a)(1) may
include examining methodologies that have been used or are being used
to control insect populations as well as developing new methodologies.
    ``(c) Entities Involved.--Activities under subsection (a) may be
carried out through the National Institute of Environmental Health
Sciences, other Institutes at the National Institutes of Health, the
Environmental Protection Agency, the Centers for Disease Control and
Prevention. the Food and Drug Administration, or any other relevant
Federal Government entity. To the extent practicable, in carrying out
this section, the President shall promote coordination between the
relevant Federal agencies, the private sector, and individuals and
organizations with appropriate expertise including expertise in public
health, entomology, arbovirology, and veterinary health.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2003 through 2007.''.

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Review Freedom Act of
2015''.

SEC. 2. CONSUMER REVIEW PROTECTION.

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

            Passed the Senate December 14, 2015.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nurturing And Supporting Healthy
Babies Act'' or as the ``NAS Healthy Babies Act''.

SEC. 2. GAO REPORT ON NEONATAL ABSTINENCE SYNDROME (NAS).

    (a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance and the Committee on
Health, Education, Labor and Pensions of the Senate a report on
neonatal abstinence syndrome (in this section referred to as ``NAS'')
in the United States.
    (b) Information To Be Included in Report.--Such report shall
include information on the following:
            (1) The prevalence of NAS in the United States, including
        the proportion of children born in the United States with NAS
        who are eligible for medical assistance under State Medicaid
        programs under title XIX of the Social Security Act at birth
        and the costs associated with NAS through such programs.
            (2) The services for which coverage is available under
        State Medicaid programs for treatment of infants with NAS.
            (3) The settings (including inpatient, outpatient,
        hospital-based, and other settings) for the treatment of
        infants with NAS and the reimbursement methodologies and costs
        associated with such treatment in such settings.
            (4) The prevalence of utilization of various care settings
        under State Medicaid programs for treatment of infants with NAS
        and any Federal barriers to treating such infants under such
        programs, particularly in non-hospital-based settings.
            (5) What is known about best practices for treating infants
        with NAS.
    (c) Recommendations.--Such report also shall include such
recommendations as the Comptroller General determines appropriate for
improvements that will ensure access to treatment for infants with NAS
under State Medicaid programs.

SEC. 3. EXCLUDING ABUSE-DETERRENT FORMULATIONS OF PRESCRIPTION DRUGS
              FROM THE MEDICAID ADDITIONAL REBATE REQUIREMENT FOR NEW
              FORMULATIONS OF PRESCRIPTION DRUGS.

    (a) In General.--The last sentence of section 1927(c)(2)(C) of the
Social Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by
inserting before the period at the end the following: ``, but does not
include an abuse-deterrent formulation of the drug (as determined by
the Secretary), regardless of whether such abuse-deterrent formulation
is an extended release formulation''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to drugs that are paid for by a State in calendar quarters
beginning on or after the date of the enactment of this Act.

SEC. 4. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS
              TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND
              ABUSE.

    (a) In General.--Title XI of the Social Security Act is amended by
inserting after section 1128J (42 U.S.C. 1320a-7k) the following new
section:

``SEC. 1128K. DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS
              TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND
              ABUSE.

    ``(a) Reference to Predictive Modeling Technologies Requirements.--
For provisions relating to the use of predictive modeling and other
analytics technologies to identify and prevent waste, fraud, and abuse
with respect to the Medicare program under title XVIII, the Medicaid
program under title XIX, and the Children's Health Insurance Program
under title XXI, see section 4241 of the Small Business Jobs Act of
2010 (42 U.S.C. 1320a-7m).
    ``(b) Limiting Disclosure of Predictive Modeling Technologies.--In
implementing such provisions under such section 4241 with respect to
covered algorithms (as defined in subsection (c)), the following shall
apply:
            ``(1) Nonapplication of foia.--The covered algorithms used
        or developed for purposes of such section (including by the
        Secretary or a State (or an entity operating under a contract
        with a State)) shall be exempt from disclosure under section
        552(b)(3) of title 5, United States Code.
            ``(2) Limitation with respect to use and disclosure of
        information by state agencies.--
                    ``(A) In general.--A State agency may not use or
                disclose covered algorithms used or developed for
                purposes of such section except for purposes of
                administering the State plan (or a waiver of the plan)
                under the Medicaid program under title XIX or the State
                child health plan (or a waiver of the plan) under the
                Children's Health Insurance Program under title XXI,
                including by enabling an entity operating under a
                contract with a State to assist the State to identify
                or prevent waste, fraud, and abuse with respect to such
                programs.
                    ``(B) Information security.--A State agency shall
                have in effect data security and control policies that
                the Secretary finds adequate to ensure the security of
                covered algorithms used or developed for purposes of
                such section 4241 and to ensure that access to such
                information is restricted to authorized persons for
                purposes of authorized uses and disclosures described
                in subparagraph (A).
                    ``(C) Procedural requirements.--State agencies to
                which information is disclosed pursuant to such section
                4241 shall adhere to uniform procedures established by
                the Secretary.
    ``(c) Covered Algorithm Defined.--In this section, the term
`covered algorithm'--
            ``(1) means a predictive modeling or other analytics
        technology, as used for purposes of section 4241(a) of the
        Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to
        identify and prevent waste, fraud, and abuse with respect to
        the Medicare program under title XVIII, the Medicaid program
        under title XIX, and the Children's Health Insurance Program
        under title XXI; and
            ``(2) includes the mathematical expressions utilized in the
        application of such technology and the means by which such
        technology is developed.''.
    (b) Conforming Amendments.--
            (1) Medicaid state plan requirement.--Section 1902(a) of
        the Social Security Act (42 U.S.C. 1396a(a)) is amended--
                    (A) in paragraph (80), by striking ``and'' at the
                end;
                    (B) in paragraph (81), by striking the period at
                the end and inserting ``; and''; and
                    (C) by inserting after paragraph (81) the following
                new paragraph:
            ``(82) provide that the State agency responsible for
        administering the State plan under this title provides
        assurances to the Secretary that the State agency is in
        compliance with subparagraphs (A), (B), and (C) of section
        1128K(b)(2).''.
            (2) State child health plan requirement.--Section
        2102(a)(7) of the Social Security Act (42 U.S.C. 1397bb(a)(7))
        is amended--
                    (A) in subparagraph (A), by striking ``, and'' at
                the end and inserting a semicolon;
                    (B) in subparagraph (B), by striking the period at
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(C) to ensure that the State agency involved is
                in compliance with subparagraphs (A), (B), and (C) of
                section 1128K(b)(2).''.

SEC. 5. MEDICAID IMPROVEMENT FUND.

    Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w-
1(b)(1)) is amended to read as follows:
            ``(1) In general.--There shall be available to the Fund,
        for expenditures from the Fund for fiscal year 2021 and
        thereafter, $5,000,000.''.

            Passed the House of Representatives May 11, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

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