Input:
SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. Securities and Exchange Commission Reserve Fund.
                       TITLE I--TRID IMPROVEMENT

Sec. 101. Amendments to mortgage disclosure requirements.
                  TITLE II--PROTECTION OF SOURCE CODE

Sec. 201. Procedure for obtaining certain intellectual property.
                    TITLE III--FOSTERING INNOVATION

Sec. 301. Temporary exemption for low-revenue issuers.
        TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY

Sec. 401. Nationally traded securities exemption.
       TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS

Sec. 501. Eliminating barriers to jobs for loan originators.
Sec. 502. Amendment to civil liability of the Bureau and other
                            officials.
Sec. 503. Effective date.

SEC. 2. SECURITIES AND EXCHANGE COMMISSION RESERVE FUND.

    Notwithstanding section 4(i)(2)(B)(i) of the Securities Exchange
Act of 1934 (15 U.S.C. 78d(i)(2)(B)(i)), the amount deposited in the
Securities and Exchange Commission Reserve Fund for fiscal year 2018
may not exceed $48,000,000.

                       TITLE I--TRID IMPROVEMENT

SEC. 101. AMENDMENTS TO MORTGAGE DISCLOSURE REQUIREMENTS.

    Section 4(a) of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2603(a)) is amended--
            (1) by striking ``itemize all charges'' and inserting
        ``itemize all actual charges'';
            (2) by striking ``and all charges imposed upon the seller
        in connection with the settlement and'' and inserting ``and the
        seller in connection with the settlement. Such forms''; and
            (3) by inserting after ``or both.'' the following new
        sentence: ``Charges for any title insurance premium disclosed
        on such forms shall be equal to the amount charged for each
        individual title insurance policy, subject to any discounts as
        required by State regulation or the title company rate
        filings.''.

                  TITLE II--PROTECTION OF SOURCE CODE

SEC. 201. PROCEDURE FOR OBTAINING CERTAIN INTELLECTUAL PROPERTY.

    (a) Persons Under Securities Act of 1933.--Section 8 of the
Securities Act of 1933 (15 U.S.C. 77h) is amended by adding at the end
the following:
    ``(g) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title a person to
produce or furnish algorithmic trading source code or similar
intellectual property that forms the basis for design of the
algorithmic trading source code, to the Commission unless the
Commission first issues a subpoena.''.
    (b) Persons Under the Securities Exchange Act of 1934.--Section 23
of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by
adding at the end the following:
    ``(e) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title a person to
produce or furnish algorithmic trading source code or similar
intellectual property that forms the basis for design of the
algorithmic trading source code, to the Commission unless the
Commission first issues a subpoena.''.
    (c) Investment Companies.--Section 31 of the Investment Company Act
of 1940 (15 U.S.C. 80a-30) is amended by adding at the end the
following:
    ``(e) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title an investment
company to produce or furnish algorithmic trading source code or
similar intellectual property that forms the basis for design of the
algorithmic trading source code, to the Commission unless the
Commission first issues a subpoena.''.
    (d) Investment Advisers.--Section 204 of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-4) is amended--
            (1) by adding at the end the following:
    ``(f) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title an investment
adviser to produce or furnish algorithmic trading source code or
similar intellectual property that forms the basis for design of the
algorithmic trading source code, to the Commission unless the
Commission first issues a subpoena.''; and
            (2) in the second subsection (d), by striking ``(d)'' and
        inserting ``(e)''.

                    TITLE III--FOSTERING INNOVATION

SEC. 301. TEMPORARY EXEMPTION FOR LOW-REVENUE ISSUERS.

    Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is
amended by adding at the end the following:
    ``(d) Temporary Exemption for Low-Revenue Issuers.--
            ``(1) Low-revenue exemption.--Subsection (b) shall not
        apply with respect to an audit report prepared for an issuer
        that--
                    ``(A) ceased to be an emerging growth company on
                the last day of the fiscal year of the issuer following
                the fifth anniversary of the date of the first sale of
                common equity securities of the issuer pursuant to an
                effective registration statement under the Securities
                Act of 1933;
                    ``(B) had average annual gross revenues of less
                than $50,000,000 as of its most recently completed
                fiscal year; and
                    ``(C) is not a large accelerated filer.
            ``(2) Expiration of temporary exemption.--An issuer ceases
        to be eligible for the exemption described under paragraph (1)
        at the earliest of--
                    ``(A) the last day of the fiscal year of the issuer
                following the tenth anniversary of the date of the
                first sale of common equity securities of the issuer
                pursuant to an effective registration statement under
                the Securities Act of 1933;
                    ``(B) the last day of the fiscal year of the issuer
                during which the average annual gross revenues of the
                issuer exceed $50,000,000; or
                    ``(C) the date on which the issuer becomes a large
                accelerated filer.
            ``(3) Definitions.--For purposes of this subsection:
                    ``(A) Average annual gross revenues.--The term
                `average annual gross revenues' means the total gross
                revenues of an issuer over its most recently completed
                three fiscal years divided by three.
                    ``(B) Emerging growth company.--The term `emerging
                growth company' has the meaning given such term under
                section 3 of the Securities Exchange Act of 1934 (15
                U.S.C. 78c).
                    ``(C) Large accelerated filer.--The term `large
                accelerated filer' has the meaning given that term
                under section 240.12b-2 of title 17, Code of Federal
                Regulations, or any successor thereto.''.

        TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY

SEC. 401. NATIONALLY TRADED SECURITIES EXEMPTION.

    Section 18(b)(1) of the Securities Act of 1933 (15 U.S.C.
77r(b)(1)) is amended--
            (1) by striking subparagraph (A);
            (2) in subparagraph (B)--
                    (A) by inserting ``a security designated as
                qualified for trading in the national market system
                pursuant to section 11A(a)(2) of the Securities
                Exchange Act of 1934 that is'' before ``listed''; and
                    (B) by striking ``that has listing standards that
                the Commission determines by rule (on its own
                initiative or on the basis of a petition) are
                substantially similar to the listing standards
                applicable to securities described in subparagraph
                (A)'';
            (3) in subparagraph (C), by striking ``or (B)''; and
            (4) by redesignating subparagraphs (B) and (C) as
        subparagraphs (A) and (B), respectively.

       TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS

SEC. 501. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS.

    (a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5101 et seq.) is amended by adding at the end the following:

``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS.

    ``(a) Temporary Authority To Originate Loans for Loan Originators
Moving From a Depository Institution to a Non-Depository Institution.--
            ``(1) In general.--Upon employment by a State-licensed
        mortgage company, an individual who is a registered loan
        originator shall be deemed to have temporary authority to act
        as a loan originator in an application State for the period
        described in paragraph (2) if the individual--
                    ``(A) has not had an application for a loan
                originator license denied, or had such a license
                revoked or suspended in any governmental jurisdiction;
                    ``(B) has not been subject to or served with a
                cease and desist order in any governmental jurisdiction
                or as described in section 1514(c);
                    ``(C) has not been convicted of a felony that would
                preclude licensure under the law of the application
                State;
                    ``(D) has submitted an application to be a State-
                licensed loan originator in the application State; and
                    ``(E) was registered in the Nationwide Mortgage
                Licensing System and Registry as a loan originator
                during the 12-month period preceding the date of
                submission of the information required under section
                1505(a).
            ``(2) Period.--The period described in paragraph (1) shall
        begin on the date that the individual submits the information
        required under section 1505(a) and shall end on the earliest
        of--
                    ``(A) the date that the individual withdraws the
                application to be a State-licensed loan originator in
                the application State;
                    ``(B) the date that the application State denies,
                or issues a notice of intent to deny, the application;
                    ``(C) the date that the application State grants a
                State license; or
                    ``(D) the date that is 120 days after the date on
                which the individual submits the application, if the
                application is listed on the Nationwide Mortgage
                Licensing System and Registry as incomplete.
    ``(b) Temporary Authority To Originate Loans for State-Licensed
Loan Originators Moving Interstate.--
            ``(1) In general.--A State-licensed loan originator shall
        be deemed to have temporary authority to act as a loan
        originator in an application State for the period described in
        paragraph (2) if the State-licensed loan originator--
                    ``(A) meets the requirements of subparagraphs (A),
                (B), (C), and (D) of subsection (a)(1);
                    ``(B) is employed by a State-licensed mortgage
                company in the application State; and
                    ``(C) was licensed in a State that is not the
                application State during the 30-day period preceding
                the date of submission of the information required
                under section 1505(a) in connection with the
                application submitted to the application State.
            ``(2) Period.--The period described in paragraph (1) shall
        begin on the date that the State-licensed loan originator
        submits the information required under section 1505(a) in
        connection with the application submitted to the application
        State and end on the earliest of--
                    ``(A) the date that the State-licensed loan
                originator withdraws the application to be a State-
                licensed loan originator in the application State;
                    ``(B) the date that the application State denies,
                or issues a notice of intent to deny, the application;
                    ``(C) the date that the application State grants a
                State license; or
                    ``(D) the date that is 120 days after the date on
                which the State-licensed loan originator submits the
                application, if the application is listed on the
                Nationwide Mortgage Licensing System and Registry as
                incomplete.
    ``(c) Applicability.--
            ``(1) Any person employing an individual who is deemed to
        have temporary authority to act as a loan originator in an
        application State pursuant to this section shall be subject to
        the requirements of this title and to applicable State law to
        the same extent as if such individual was a State-licensed loan
        originator licensed by the application State.
            ``(2) Any individual who is deemed to have temporary
        authority to act as a loan originator in an application State
        pursuant to this section and who engages in residential
        mortgage loan origination activities shall be subject to the
        requirements of this title and to applicable State law to the
        same extent as if such individual was a State-licensed loan
        originator licensed by the application State.
    ``(d) Definitions.--In this section, the following definitions
shall apply:
            ``(1) State-licensed mortgage company.--The term `State-
        licensed mortgage company' means an entity licensed or
        registered under the law of any State to engage in residential
        mortgage loan origination and processing activities.
            ``(2) Application state.--The term `application State'
        means a State in which a registered loan originator or a State-
        licensed loan originator seeks to be licensed.''.
    (b) Table of Contents Amendment.--The table of contents in section
1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501
note) is amended by inserting after the item relating to section 1517
the following:

``Sec. 1518. Employment transition of loan originators.''.

SEC. 502. AMENDMENT TO CIVIL LIABILITY OF THE BUREAU AND OTHER
              OFFICIALS.

    Section 1513 of the S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5112) is amended by striking ``are loan originators or are
applying for licensing or registration as loan originators.'' and
inserting ``have applied, are applying, or are currently licensed or
registered through the Nationwide Mortgage Licensing System and
Registry. The previous sentence shall only apply to persons in an
industry with respect to which persons were licensed or registered
through the Nationwide Mortgage Licensing System and Registry on the
date of the enactment of this sentence.''.

SEC. 503. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect
on the date that is 18 months after the date of the enactment of this
Act.

            Passed the House of Representatives February 14, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: (Sec. 2) This bill specifies that the amount deposited in the Securities and Exchange Commission (SEC) Reserve Fund for FY2018 may not exceed $48 million. TITLE I--TRID IMPROVEMENT (Sec. 101) The bill amends the Real Estate Settlement Procedures of 1974 to modify disclosure requirements applicable to mortgage loan transactions. Specifically, the disclosed charges for any title insurance premium shall be equal to the amount charged for each individual title insurance policy, subject to any discounts as required by either state regulation or the title company rate filings.  TITLE II--PROTECTION OF SOURCE CODE (Sec. 201) The bill amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to specify that the SEC may not compel a person to produce a source code or similar intellectual property without first issuing a subpoena.  TITLE III--FOSTERING INNOVATION (Sec. 301) The bill amends the Sarbanes-Oxley Act of 2002 with respect to auditor-attestation requirements for public companies.  These requirements shall not apply with respect to any audit report prepared for an issuer that:  ceased to be an emerging growth company on the last day of its fiscal year following the fifth anniversary of its first sale of common equity securities,  had average annual gross revenues of less than $50 million as of its most recently completed fiscal year, and  is not a large accelerated filer.  This exemption shall expire at the earliest of: (1) the last day of the fiscal year 10 years after the issuer's first sale of common equity securities, (2) the end of the fiscal year in which the issuer's average annual gross revenues exceed $50 million, or (3) when the issuer becomes a large accelerated filer.  TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY (Sec. 401) The bill amends the Securities Act of 1933 to exempt from state registration securities qualified for national trading by the SEC and authorized to be listed on a national securities exchange. Currently, securities listed on exchanges specified by statute or rule are exempt.  TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS (Sec. 501) The bill amends the S.A.F.E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution. (Sec. 502) The bill revises the S.A.F.E. Mortgage Licensing Act's civil liability immunity provisions.


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``400 Years of African-American
History Commission Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commemoration.--The term ``commemoration'' means the
        commemoration of the 400th anniversary of the arrival of
        Africans in the English colonies, at Point Comfort, Virginia,
        in 1619.
            (2) Commission.--The term ``Commission'' means the 400
        Years of African-American History Commission established by
        section 3(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 3. ESTABLISHMENT.

    (a) In General.--There is established a commission, to be known as
the ``400 Years of African-American History Commission''.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 15
        members, of whom--
                    (A) 3 members shall be appointed by the Secretary,
                after considering the recommendations of Governors of
                States, including the Governor of Virginia;
                    (B) 6 members shall be appointed by the Secretary,
                after considering the recommendations of civil rights
                organizations and historical organizations;
                    (C) 1 member shall be an employee of the National
                Park Service having experience relating to the
                historical and cultural resources related to the
                commemoration, to be appointed by the Secretary;
                    (D) 2 members shall be appointed by the Secretary,
                after considering the recommendations of the Secretary
                of the Smithsonian Institution; and
                    (E) 3 members shall be individuals who have an
                interest in, support for, and expertise appropriate to
                the commemoration, to be appointed by the Secretary,
                after considering the recommendations of Members of
                Congress.
            (2) Time of appointment.--Each appointment of an initial
        member of the Commission shall be made before the expiration of
        the 120-day period beginning on the date of enactment of this
        Act.
            (3) Term; vacancies.--
                    (A) Term.--A member of the Commission shall be
                appointed for the life of the Commission.
                    (B) Vacancies.--
                            (i) In general.--A vacancy on the
                        Commission shall be filled in the same manner
                        in which the original appointment was made.
                            (ii) Partial term.--A member appointed to
                        fill a vacancy on the Commission shall serve
                        for the remainder of the term for which the
                        predecessor of the member was appointed.
                    (C) Continuation of membership.--If a member of the
                Commission was appointed to the Commission as an
                employee of the National Park Service, and ceases to be
                an employee of the National Park Service, that member
                may continue to serve on the Commission for not longer
                than the 30-day period beginning on the date on which
                that member ceases to be an employee of the National
                Park Service.
    (c) Duties.--The Commission shall--
            (1) plan, develop, and carry out programs and activities
        throughout the United States--
                    (A) appropriate for the commemoration;
                    (B) to recognize and highlight the resilience and
                contributions of African-Americans since 1619;
                    (C) to acknowledge the impact that slavery and laws
                that enforced racial discrimination had on the United
                States; and
                    (D) to educate the public about--
                            (i) the arrival of Africans in the United
                        States; and
                            (ii) the contributions of African-Americans
                        to the United States;
            (2) encourage civic, patriotic, historical, educational,
        artistic, religious, economic, and other organizations
        throughout the United States to organize and participate in
        anniversary activities to expand understanding and appreciation
        of--
                    (A) the significance of the arrival of Africans in
                the United States; and
                    (B) the contributions of African-Americans to the
                United States;
            (3) provide technical assistance to States, localities, and
        nonprofit organizations to further the commemoration;
            (4) coordinate and facilitate for the public scholarly
        research on, publication about, and interpretation of--
                    (A) the arrival of Africans in the United States;
                and
                    (B) the contributions of African-Americans to the
                United States;
            (5) ensure that the commemoration provides a lasting legacy
        and long-term public benefit by assisting in the development of
        appropriate programs; and
            (6) help ensure that the observances of the commemoration
        are inclusive and appropriately recognize the experiences and
        heritage of all individuals present at the arrival of Africans
        in the United States.

SEC. 4. COMMISSION MEETINGS.

    (a) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
    (b) Meetings.--The Commission shall meet--
            (1) at least 3 times each year; or
            (2) at the call of the Chairperson or the majority of the
        members of the Commission.
    (c) Quorum.--A majority of the voting members shall constitute a
quorum, but a lesser number may hold meetings.
    (d) Chairperson and Vice Chairperson.--
            (1) Election.--The Commission shall elect the Chairperson
        and the Vice Chairperson of the Commission on an annual basis.
            (2) Absence of the chairperson.--The Vice Chairperson shall
        serve as the Chairperson in the absence of the Chairperson.
    (e) Voting.--The Commission shall act only on an affirmative vote
of a majority of the members of the Commission.

SEC. 5. COMMISSION POWERS.

    (a) Gifts.--The Commission may solicit, accept, use, and dispose of
gifts, bequests, or devises of money or other property for aiding or
facilitating the work of the Commission.
    (b) Appointment of Advisory Committees.--The Commission may appoint
such advisory committees as the Commission determines to be necessary
to carry out this Act.
    (c) Authorization of Action.--The Commission may authorize any
member or employee of the Commission to take any action that the
Commission is authorized to take under this Act.
    (d) Procurement.--
            (1) In general.--The Commission may procure supplies,
        services, and property, and make or enter into contracts,
        leases, or other legal agreements, to carry out this Act
        (except that a contract, lease, or other legal agreement made
        or entered into by the Commission shall not extend beyond the
        date of termination of the Commission).
            (2) Limitation.--The Commission may not purchase real
        property.
    (e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
    (f) Grants and Technical Assistance.--The Commission may--
            (1) provide grants in amounts not to exceed $20,000 per
        grant to communities and nonprofit organizations for use in
        developing programs to assist in the commemoration;
            (2) provide grants to research and scholarly organizations
        to research, publish, or distribute information relating to the
        arrival of Africans in the United States; and
            (3) provide technical assistance to States, localities, and
        nonprofit organizations to further the commemoration.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) In general.--Except as provided in paragraph (2), a
        member of the Commission shall serve without compensation.
            (2) Federal employees.--A member of the Commission who is
        an officer or employee of the Federal Government shall serve
        without compensation other than the compensation received for
        the services of the member as an officer or employee of the
        Federal Government.
    (b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
    (c) Director and Staff.--
            (1) In general.--The Chairperson of the Commission may,
        without regard to the civil service laws (including
        regulations), nominate an executive director to enable the
        Commission to perform the duties of the Commission.
            (2) Confirmation of executive director.--The employment of
        an executive director shall be subject to confirmation by the
        Commission.
    (d) Compensation.--
            (1) In general.--Except as provided in paragraph (2), the
        Commission may fix the compensation of the executive director
        and other personnel without regard to the provisions of chapter
        51 and subchapter III of chapter 53 of title 5, United States
        Code, relating to classification of positions and General
        Schedule pay rates.
            (2) Maximum rate of pay.--The rate of pay for the executive
        director and other personnel shall not exceed the rate payable
        for level V of the Executive Schedule under section 5316 of
        title 5, United States Code.
    (e) Detail of Government Employees.--
            (1) Federal employees.--
                    (A) Detail.--At the request of the Commission, the
                head of any Federal agency may detail, on a
                reimbursable or nonreimbursable basis, any of the
                personnel of the agency to the Commission to assist the
                Commission in carrying out the duties of the Commission
                under this Act.
                    (B) Civil service status.--The detail of an
                employee under subparagraph (A) shall be without
                interruption or loss of civil service status or
                privilege.
            (2) State employees.--The Commission may--
                    (A) accept the services of personnel detailed from
                the State; and
                    (B) reimburse the State for services of detailed
                personnel.
    (f) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
    (g) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
such voluntary and uncompensated services as the Commission determines
to be necessary.
    (h) Support Services.--
            (1) In general.--The Secretary shall provide to the
        Commission, on a reimbursable basis, such administrative
        support services as the Commission may request.
            (2) Reimbursement.--Any reimbursement under this paragraph
        shall be credited to the appropriation, fund, or account used
        for paying the amounts reimbursed.
    (i) No Effect on Authority.--Nothing in this section supersedes the
authority of the National Park Service with respect to the
commemoration.

SEC. 7. PLANS; REPORTS.

    (a) Strategic Plan.--The Commission shall prepare a strategic plan
for the activities of the Commission carried out under this Act.
    (b) Final Report.--Not later than July 1, 2020, the Commission
shall complete and submit to Congress a final report that contains--
            (1) a summary of the activities of the Commission;
            (2) a final accounting of funds received and expended by
        the Commission; and
            (3) the findings and recommendations of the Commission.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the
Commission such sums as are necessary to carry out this Act.
    (b) Availability.--Amounts made available under subsection (a)
shall remain available until July 1, 2020.

SEC. 9. TERMINATION OF COMMISSION.

    (a) Date of Termination.--The Commission shall terminate on July 1,
2020.
    (b) Transfer of Documents and Materials.--Before the date of
termination specified in subsection (a), the Commission shall transfer
all documents and materials of the Commission to the National Archives
or another appropriate Federal entity.

Output: .  400 Years of African-American History Commission Act (Sec. 3) This bill establishes the 400 Years of African-American History Commission to develop and carry out activities throughout the United States to commemorate the 400th anniversary of the arrival of Africans in the English colonies at Point Comfort, Virginia, in 1619. The commission must:  plan programs to acknowledge the impact that slavery and laws that enforced racial discrimination had on the United States;  encourage civic, patriotic, historical, educational, artistic, religious, and economic organizations to organize and participate in anniversary activities;  assist states, localities, and nonprofit organizations to further the commemoration; and  coordinate for the public scholarly research on the arrival of Africans in the United States and their contributions to this country.  (Sec. 5) The commission may provide: (1) grants to communities and nonprofit organizations for the development of programs; (2) grants to research and scholarly organizations to research, publish, or distribute information relating to the arrival of Africans in the United States; and (3) technical assistance to states, localities, and nonprofit organizations to further the commemoration. (Sec. 7) The commission must prepare a strategic plan and submit a final report to Congress that contains a summary of its activities, an accounting of its received and expended funds, and its recommendations. (Sec. 9) The commission shall terminate on July 1, 2020.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventive Medicine and Public
Health Training Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The American Board of Preventive medicine defines
        preventive medicine as ``that specialty of medical practice
        which focuses on the health of individuals and defined
        populations in order to protect, promote and maintain health
        and well-being and prevent disease, disability and premature
        death''.
            (2) Specialists in preventive medicines are uniquely
        trained in both clinical medicine and public health. They have
        the skills needed to understand and reduce the risks of
        disease, disability and death in individuals and in population
        groups.
            (3) Preventive medicine includes both clinical and non-
        clinical aspects. Clinicians see patients on a daily basis and
        provide services in screening, health counseling, and
        immunization to diabetics, cardiac patients, and others who can
        benefit from prevention and lifestyle modification. Non-
        clinical preventive medicine includes health policy, social and
        behavioral aspects of health and disease, epidemiology, or
        other areas in which populations, not individual patients, are
        the primary focus. Many preventive medicine physicians practice
        both clinical and non-clinical medicine.
            (4) Of the 24 medical specialities recognized by the
        American Board of Medical Specialties, preventive medicine is
        the only specialty that requires training in both clinical
        medicine and public health.
            (5) While preventive medicine doctors are employed in all
        health sectors, they often serve in lead roles within the
        public health force, working in State and local health
        departments, as well as Federal Government agencies, such as
        the Centers for Disease Control and Prevention and the National
        Institutes of Health.
            (6) In the workplace, preventive medicine doctors in
        occupational medicine parallel the general public health system
        in dealing with illnesses and injuries in workplace populations
        through worker protection, personal health promotion, hazard
        control, business continuity and effective medical management.
            (7) There is an extreme shortage of doctors in the public
        health field. For example, only 23 percent of local health
        agencies are directed by physicians and 8 percent are directed
        by physicians who have masters of public health degrees or are
        fellows in the American College of Preventive Medicine.
            (8) Many of these physicians are nearing retirement, and
        the average age of public health doctors today is 58 years.
            (9) The Health Resources and Services Administration
        reports that the demand for public health professionals will
        grow at twice the rate of all occupations between 2000 and
        2010.
            (10) In addition, as the body of evidence supporting the
        effectiveness of clinical and population-based interventions to
        prevent and control diseases continues to expand, so does the
        need for specialists trained in preventive medicine.
            (11) The Health Resources and Services Administration
        reported that in 2000, there were 7,011 preventive medicine
        specialists. This was a decrease from 7,734 in 1970.
            (12) The number of preventive medicine residency programs
        has decreased from 90 in 1998-1999 to 76 programs today. Over
        this same period, the number of preventive medicine residents
        declined from 420 to 364.
            (13) In 2000, less than 3 percent of all medical school
        faculty also held masters degrees in public health. An even
        smaller number had completed preventive medicine training or
        were board certified in preventive medicine.
            (14) Preventive medicine trained physicians are an
        essential part of the public health workforce and are critical
        to the Nation's ability to protect its citizens from biological
        threats, including avian influenza and emerging threats from
        bioterrorism.

SEC. 3. PREVENTIVE MEDICINE AND PUBLIC HEALTH TRAINING GRANT PROGRAM.

    Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following:

               ``Subpart XI--Preventive Medicine Training

``SEC. 340H. PREVENTIVE MEDICINE AND PUBLIC HEALTH TRAINING GRANT
              PROGRAM.

    ``(a) Grants.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, may award grants to, or
enter into contracts with, eligible entities to provide training to
graduate medical residents in preventive medicine specialties.
    ``(b) Eligibility.--To be eligible to receive a grant or contract
under subsection (a), an entity shall--
            ``(1) be a school of public health, public health
        department, school of medicine or osteopathic medicine, public
        or private hospital, or public or private nonprofit entity;
            ``(2) submit to the Secretary an application at such time,
        in such manner, and containing such information as the
        Secretary may require; and
            ``(3) maintain and adhere to a letter of agreement with a
        local community health center (if available in the local area
        involved) that supports practicum training of preventive
        medicine residents, if practicable.
    ``(c) Use of Funds.--Amounts received under a grant or contract
under this section shall be used to--
            ``(1) plan, develop, and operate residency programs for
        preventive medicine or public health;
            ``(2) provide financial assistance, including tuition and
        stipends, to resident physicians (MD or DO) who plan to
        specialize in preventive medicine or public health;
            ``(3) defray the costs associated with the planning,
        development, and operation of preventive medicine or public
        health programs, including the development of curriculum to be
        used in such programs, and the costs of practicum experiences;
        and
            ``(4) provide for the improvement of academic
        administrative units.
    ``(d) Duration of Award.--A grant or contract under this section
shall be for a term of not to exceed 5 years.
    ``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $43,000,000 for fiscal year
2010, and such sums as may be necessary for each succeeding fiscal
year.''.

Output:
Preventive Medicine and Public Health Training Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants to or enter into contracts with certain eligible entities to provide training to graduate medical residents in preventive medicine specialties.

Requires grant funds to be used for: (1) residency programs for preventive medicine or public health; (2) financial assistance to resident physicians who plan to specialize in preventive medicine or public health; (3) preventive medicine or public health program costs, including curriculum development and practicum costs; and (4) the improvement of academic administrative units.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Fracture Prevention and
Osteoporosis Testing Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since 1997, Congress has recognized the importance of
        osteoporosis prevention by standardizing reimbursement under
        the Medicare program for bone mass measurement.
            (2) One decade later, osteoporosis remains underdiagnosed
        and untreated despite numerous Federal initiatives, including
        recommendations of the United States Preventive Services Task
        Force, the 2004 United States Surgeon General's Report on Bone
        Health and Osteoporosis, and inclusion of bone mass measurement
        in the Welcome to Medicare exam.
            (3) Even though osteoporosis is a highly manageable
        disease, many patients lack access to early diagnosis that can
        prevent debilitating fractures, morbidity, and loss of
        mobility.
            (4) Although Caucasians are most likely to sustain
        osteoporosis fractures, the cost of fractures among the
        nonwhite population is projected to increase by as much as 180
        percent over the next 20 years.
            (5) Black women are more likely than White women to die
        following a hip fracture.
            (6) Osteoporosis is a critical women's health issue. Women
        account for 71 percent of fractures and 75 percent of
        osteoporosis-associated costs.
            (7) The World Health Organization, the Centers for Medicare
        & Medicaid Services, and other medical experts concur that the
        most widely accepted method of measuring bone mass to predict
        fracture risk is dual-energy x-ray absorptiometry (in this Act
        referred to as ``DXA''). Vertebral fracture assessment (in this
        Act referred to as ``VFA'') is another test used to identify
        patients at high risk for future fracture.
            (8) Unlike other imaging procedures, bone mass measurement
        testing remains severely underutilized with less than 20
        percent of eligible Medicare beneficiaries taking advantage of
        the benefit.
            (9) Underutilization of bone mass measurement will strain
        the Medicare budget because--
                    (A) 55 percent of the people age 50 and older in
                2002 had osteoporosis or low bone mass;
                    (B) more than 61,000,000 people in the United
                States are projected to have osteoporosis or low bone
                mass in 2020, as compared to 43,000,000 in 2002;
                    (C) osteoporosis fractures are projected to
                increase by almost 50 percent over the next 2 decades
                with at least 3,000,000 fractures expected to occur
                annually by 2025;
                    (D) the population aged 65 and older represents 89
                percent of fracture costs; and
                    (E) the economic burden of osteoporosis fractures
                are projected to increase by 50 percent over the next 2
                decades, reaching $25,300,000,000 in 2025.
            (10) Underutilization of bone mass measurement will also
        strain the Medicaid budget, which funds treatment for
        osteoporosis in low-income Americans.
            (11) Reimbursement under the Medicare program for DXA
        provided in physician offices and other non-hospital settings
        was reduced by 40 percent and will be reduced by a total of 75
        percent by 2010. This drop represents one of the largest
        reimbursement reductions in the history of the Medicare
        program. Reimbursement for VFA will also be reduced by 50
        percent by 2010.
            (12) The reduction in reimbursement discourages physicians
        from continuing to provide access to DXA or VFA in their
        offices. Since two-thirds of all DXA scans are performed in
        nonfacility settings, such as physician offices, patient access
        to bone mass measurement will be severely compromised when
        physicians discontinue providing those tests in their offices,
        thereby exacerbating the current underutilization of the
        benefit.

SEC. 3. MINIMUM PAYMENT FOR BONE MASS MEASUREMENT.

    (a) In General.--Section 1848(b) of the Social Security Act (42
U.S.C. 1395w-4(b)) is amended by adding at the end the following:
            ``(5) Treatment of bone mass scans.--Notwithstanding the
        provisions of paragraph (1), the Secretary shall establish a
        national minimum payment amount for CPT code 77080 (relating to
        dual-energy x-ray absorptiometry) and CPT code 77082 (relating
        to vertebral fracture assessment), and any successor to such
        codes as identified by the Secretary. Such minimum payment
        amount shall not be less than 100 percent of the reimbursement
        rates in effect for such codes (or predecessor codes) on
        December 31, 2006.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to bone mass measurement furnished on or after January 1, 2008.

SEC. 4. STUDY AND REPORT BY THE INSTITUTE OF MEDICINE.

    (a) In General.--The Secretary of Health and Human Services shall
enter into an arrangement with the Institute of Medicine of the
National Academies to conduct a study on the following:
            (1) The ramifications of Medicare reimbursement reductions
        for DXA and VFA on beneficiary access to bone mass measurement
        benefits in general and in rural and minority communities
        specifically.
            (2) Methods to increase use of bone mass measurement by
        Medicare beneficiaries.
    (b) Report.--The agreement entered into under subsection (a) shall
provide for the Institute of Medicine to submit to the Secretary and
the Congress, not later than 1 year after the date of the enactment of
this Act, a report containing a description of the results of the study
conducted under such subsection and the conclusions and recommendations
of the Institute of Medicine regarding each of the issues described in
paragraphs (1) and (2) of such subsection.

Output:
Medicare Fracture Prevention and Osteoporosis Testing Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a national minimum payment amount for CPT code 77080 (relating to dual energy x-ray absorptiometry, or DXA, the most widely accepted method of measuring bone mass to predict fracture risk) and CPT code 77082 (relating to vertebral fracture assessment, or VFA), and any successor to such codes as identified by the Secretary (bone mass scans).

Directs the Secretary to arrange with the Institute of Medicine of the National Academies to conduct a study for a report to the Secretary and Congress on: (1) the ramifications of Medicare reimbursement reductions for DXA and VFA on beneficiary access to bone mass measurement benefits; and (2) the methods to increase use of bone mass measurement by Medicare beneficiaries.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Date Certain Tax Code Replacement
Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to set a date certain for replacing the
Internal Revenue Code of 1986 with a simple and fair alternative.

SEC. 3. TERMINATION OF INTERNAL REVENUE CODE OF 1986.

    (a) In General.--No tax shall be imposed by the Internal Revenue
Code of 1986--
            (1) for any taxable year beginning after December 31, 2005;
        and
            (2) in the case of any tax not imposed on the basis of a
        taxable year, on any taxable event or for any period after
        December 31, 2005.
    (b) Exception.--Subsection (a) shall not apply to taxes imposed
by--
            (1) chapter 2 of such Code (relating to tax on self-
        employment income);
            (2) chapter 21 of such Code (relating to Federal Insurance
        Contributions Act); and
            (3) chapter 22 of such Code (relating to Railroad
        Retirement Tax Act).

SEC. 4. NATIONAL COMMISSION ON TAX REFORM AND
              SIMPLIFICATION.

    (a) Findings.--The Congress finds the following:
            (1) The Internal Revenue Code of 1986 is overly complex,
        imposes significant burdens on individuals and businesses and
        the economy, is extremely difficult for the Internal Revenue
        Service to administer, and is in need of fundamental reform and
        simplification.
            (2) Many of the problems encountered by taxpayers in
        dealing with the Internal Revenue Service could be eliminated
        or alleviated by fundamental reform and simplification.
            (3) The Federal Government's present fiscal outlook for
        continuing and sustained budget surpluses provides a unique
        opportunity for the Congress to consider measures for
        fundamental reform and simplification of the tax laws.
            (4) Recent efforts to simplify or reform the tax laws have
        not been successful due in part to the difficulty of developing
        broad-based, nonpartisan support for proposals to make such
        changes.
            (5) Many of the problems with the Internal Revenue Service
        stem from the overly complex tax code the agency is asked to
        administer.
    (b) Establishment.--
            (1) In general.--To carry out the purposes of this section,
        there is established within the legislative branch a National
        Commission on Tax Reform and Simplification (in this section
        referred to as the ``Commission'').
            (2) Composition.--The Commission shall be composed of 15
        members, as follows:
                    (A) Three members appointed by the President, two
                from the executive branch of the Government and one
                from private life.
                    (B) Four members appointed by the majority leader
                of the Senate, one from Members of the Senate and three
                from private life.
                    (C) Two members appointed by the minority leader of
                the Senate, one from Members of the Senate and one from
                private life.
                    (D) Four members appointed by the Speaker of the
                House of Representatives, one from Members of the House
                and three from private life.
                    (E) Two members appointed by the minority leader of
                the House of Representatives, one from Members of the
                House and one from private life.
            (3) Chair.--The Commission shall elect a Chair (or two Co-
        Chairs) from among its members.
            (4) Meetings, quorums, vacancies.--After its initial
        meeting, the Commission shall meet upon the call of the Chair
(Co-Chairs, if elected) or a majority of its members. Nine members of
the Commission shall constitute a quorum. Any vacancy in the Commission
shall not affect its powers, but shall be filled in the same manner in
which the original appointment was made. Any meeting of the Commission
or any subcommittee thereof may be held in executive session to the
extent that the Chair (Co-Chairs, if elected) or a majority of the
members of the Commission or subcommittee determine appropriate.
            (5) Continuation of membership.--If--
                    (A) any individual who appointed a member to the
                Commission by virtue of holding a position described in
                paragraph (2) ceases to hold such position before the
                report of the Commission is submitted under subsection
                (g); or
                    (B) a member was appointed to the Commission as a
                Member of Congress and the member ceases to be a Member
                of Congress, or was appointed to the Commission because
                the member was not an officer or employee of any
                government and later becomes an officer or employee of
                a government,
        that member may continue as a member for not longer than the
        30-day period beginning on the date that such individual ceases
        to hold such position or such member ceases to be a Member of
        Congress or becomes such an officer or employee, as the case
        may be.
            (6) Appointment; initial meeting.--
                    (A) Appointment.--It is the sense of the Congress
                that members of the Commission should be appointed not
                more than 60 days after the date of the enactment of
                this Act.
                    (B) Initial meeting.--If, after 60 days from the
                date of the enactment of this Act, eight or more
                members of the Commission have been appointed, members
                who have been appointed may meet and select the Chair
                (or Co-Chairs) who thereafter shall have the authority
                to begin the operations of the Commission, including
                the hiring of staff.
    (c) Functions of the Commission.--
            (1) In general.--The functions of the Commission shall be--
                    (A) to conduct, for a period of not to exceed 18
                months from the date of its first meeting, the review
                described in paragraph (2); and
                    (B) to submit to the Congress a report of the
                results of such review, including recommendations for
                fundamental reform and simplification of the Internal
                Revenue Code of 1986, as described in subsection (g).
            (2) Review.--The Commission shall review--
                    (A) the present structure and provisions of the
                Internal Revenue Code of 1986, especially with respect
                to--
                            (i) its impact on the economy (including
                        the impact on savings, capital formation and
                        capital investment);
                            (ii) its impact on families and the
                        workforce (including issues relating to
                        distribution of tax burden);
                            (iii) the compliance cost to taxpayers; and
                            (iv) the ability of the Internal Revenue
                        Service to administer such provisions;
                    (B) whether tax systems imposed under the laws of
                other countries could provide more efficient and fair
                methods of funding the revenue requirements of the
                government;
                    (C) whether the income tax should be replaced with
                a tax imposed in a different manner or on a different
                base; and
                    (D) whether the Internal Revenue Code of 1986 can
                be simplified, absent wholesale restructuring or
                replacement thereof.
    (d) Powers of the Commission.--
            (1) In general.--The Commission or, on the authorization of
        the Commission, any subcommittee or member thereof, may, for
        the purpose of carrying out the provisions of this section,
        hold such hearings and sit and act at such times and places,
        take such testimony, receive such evidence, and administer such
        oaths, as the Commission or such designated subcommittee or
        designated member may deem advisable.
            (2) Contracting.--The Commission may, to such extent and in
        such amounts as are provided in appropriation Acts, enter into
        contracts to enable the Commission to discharge its duties
        under this section.
            (3) Assistance from federal agencies and offices.--
                    (A) Information.--The Commission is authorized to
                secure directly from any executive department, bureau,
                agency, board, commission, office, independent
                establishment, or instrumentality of the Government, as
                well as from any committee or other office of the
                legislative branch, such information, suggestions,
                estimates, and statistics as it requires for the
                purposes of its review and report. Each such
                department, bureau, agency, board, commission, office,
                establishment, instrumentality, or committee shall, to
                the extent not prohibited by law, furnish such
                information, suggestions, estimates, and statistics
                directly to the Commission, upon request made by the
                Chair (Co-Chairs, if elected).
                    (B) Treasury department.--The Secretary of the
                Treasury is authorized on a nonreimbursable basis to
                provide the Commission with administrative services,
                funds, facilities, staff, and other support services
                for the performance of the Commission's functions.
                    (C) General services administration.--The
                Administrator of General Services shall provide to the
                Commission on a nonreimbursable basis such
                administrative support services as the Commission may
                request.
                    (D) Joint committee on taxation.--The staff of the
                Joint Committee on Taxation is authorized on a
                nonreimbursable basis to provide the Commission with
                such legal, economic, or policy analysis, including
                revenue estimates, as the Commission may request.
                    (E) Other assistance.--In addition to the
                assistance set forth in subparagraphs (A), (B), (C),
                and (D), departments and agencies of the United States
                are authorized to provide to the Commission such
                services, funds, facilities, staff, and other support
                services as they may deem advisable and as may be
                authorized by law.
            (4) Postal services.--The Commission may use the United
        States mails in the same manner and under the same conditions
        as departments and agencies of the United States.
            (5) Gifts.--The Commission may accept, use, and dispose of
        gifts or donations of services or property in carrying out its
        duties under this section.
    (e) Staff of the Commission.--
            (1) In general.--The Chair (Co-Chairs, if elected), in
        accordance with rules agreed upon by the Commission, may
        appoint and fix the compensation of a staff director and such
        other personnel as may be necessary to enable the Commission to
        carry out its functions without regard to the provisions of
        title 5, United States Code, governing appointments in the
        competitive service, and without regard to the provisions of
        chapter 51 and subchapter III or chapter 53 of such title
        relating to classification and General Schedule pay rates,
        except that no rate of pay fixed under this subsection may
        exceed the equivalent of that payable to a person occupying a
        position at level V of the Executive Schedule under section
        5316 of title 5, United States Code. Any Federal Government
        employee may be detailed to the Commission without
        reimbursement from the Commission, and such detailee shall
        retain the rights, status, and privileges of his or her regular
        employment without interruption.
            (2) Consultant services.--The Commission is authorized to
        procure the services of experts and consultants in accordance
        with section 3109 of title 5, United States Code, but at rates
        not to exceed the daily rate paid a person occupying a position
        at level IV of the Executive Schedule under section 5315 of
        title 5, United States Code.
    (f) Compensation and Travel Expenses.--
            (1) Compensation.--
                    (A) In general.--Except as provided in subparagraph
                (B), each member of the Commission may be compensated
                at not to exceed the daily equivalent of the annual
                rate of basic pay in effect for a position at level IV
                of the Executive Schedule under section 5315 of title
                5, United States Code, for each day during which that
                member is engaged in the actual performance of the
                duties of the Commission.
                    (B) Exception.--Members of the Commission who are
                officers or employees of the United States or Members
                of Congress shall receive no additional pay on account
                of their service on the Commission.
            (2) Travel expenses.--While away from their homes or
        regular places of business in the performance of services for
        the Commission, members of the Commission shall be allowed
        travel expenses, including per diem in lieu of subsistence, in
        the same manner as persons employed intermittently in the
        Government service are allowed expenses under section 5703(b)
        of title 5, United States Code.
    (g) Report of the Commission; Termination.--
            (1) Report.--Not later than 18 months after the date of the
        first meeting of the Commission, the Commission shall submit a
        report to the Committee on Ways and Means of the House of
        Representatives and the Committee on Finance of the Senate. The
        report of the Commission shall describe the results of its
        review (as described in subsection (c)(2)), shall make such
        recommendations for fundamental reform and simplification of
        the Internal Revenue Code of 1986 as the Commission considers
        appropriate, and shall describe the expected impact of such
        recommendations on the economy and progressivity and general
        administrability of the tax laws.
            (2) Termination.--
                    (A) In general.--The Commission, and all the
                authorities of this section, shall terminate on the
                date which is 90 days after the date on which the
                report is required to be submitted under paragraph (1).
                    (B) Concluding activities.--The Commission may use
                the 90-day period referred to in subparagraph (A) for
                the purposes of concluding its activities, including
                providing testimony to committees of Congress
                concerning its report and disseminating that report.
    (h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for the activities of the
Commission. Until such time as funds are specifically appropriated for
such activities, $2,000,000 shall be available from fiscal year 2002
funds appropriated to the Treasury Department, ``Departmental Offices''
account, for the activities of the Commission, to remain available
until expended.

SEC. 5. TIMING OF IMPLEMENTATION.

    In order to ensure an easy transition and effective implementation,
the Congress hereby declares that any new Federal tax system shall be
approved by Congress in its final form no later than July 4, 2005. If a
new Federal tax system is not so approved by July 4, 2005, then
Congress shall be required to vote to reauthorize the Internal Revenue
Code of 1986.

Output: Date Certain Tax Code Replacement Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2005; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2005. Excepts the: (1) tax on self-employment income (chapter 2 of the Code); (2) Federal Insurance Contributions Act (chapter 21 of the Code); and (3) Railroad Retirement Tax Act (chapter 22 of the Code).Establishes the National Commission on Tax Reform and Simplification to review: (1) the present structure and provisions of the Code; (2) whether the tax systems of other countries could provide more efficient and fair methods of funding government revenue requirements; (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (4) whether the Code can be simplified, absent wholesale restructuring or replacement. Requires a Commission report to Congress on review results, with recommendations for Code reform and simplification. Terminates the Commission 90 days after such report.Authorizes appropriations (with interim funding).Declares that any new Federal tax system should be approved by Congress in its final form before July 4, 2005, and, if not, Congress should be required to vote to reauthorize the Code.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Access to Medicare Options Act
of 2009''.

SEC. 2. GUARANTEED ISSUE OF MEDIGAP POLICIES TO ALL MEDICARE
              BENEFICIARIES.

    (a) In General.--Section 1882(s) of the Social Security Act (42
U.S.C. 1395ss(s)) is amended--
            (1) in paragraph (2)(A), by striking ``65 years of age or
        older and is enrolled for benefits under part B'' and inserting
        ``entitled to, or enrolled for, benefits under part A and
        enrolled for benefits under part B'';
            (2) in paragraph (2)(D), by striking ``who is 65 years of
        age or older as of the date of issuance and''; and
            (3) in paragraph (3)(B)(vi), by striking ``at age 65''.
    (b) Phase-In Authority.--
            (1) In general.--Subject to paragraph (2), the Secretary of
        Health and Human Services may phase in the implementation of
        the amendments made under subsection (a) in such manner as the
        Secretary determines appropriate to minimize any adverse impact
        on individuals enrolled under a Medicare supplemental policy
        prior to the effective date of this Act.
            (2) Limit.--The phase-in period under paragraph (1) shall
        not exceed 5 years.
    (c) Separate Premium Class.--
            (1) In general.--Subject to paragraph (2), any individuals
        enrolled under a Medicare supplemental policy pursuant to the
        amendments made under subsection (a) shall be classified by the
        issuer as part of a separate premium class.
            (2) Limit.--The provision in paragraph (1) shall apply to
        individuals that enroll under a Medicare supplemental policy
        prior to January 1, 2015.
    (d) Additional Enrollment Period for Certain Individuals.--
            (1) One-time enrollment period.--
                    (A) In general.--In the case of an individual
                described in paragraph (2), the Secretary shall
                establish a one-time enrollment period during which
                such an individual may enroll in any Medicare
                supplemental policy of the individual's choosing.
                    (B) Period.--The enrollment period established
                under subparagraph (A) shall begin on the date on which
                the phase-in period under subsection (b) is completed
                and end 6 months after such date.
            (2) Individual described.--An individual described in this
        paragraph is an individual who--
                    (A) is entitled to hospital insurance benefits
                under part A under section 226(b) or section 226A of
                the Social Security Act (42 U.S.C. 426(b); 426-1);
                    (B) is enrolled for benefits under part B of such
                Act (42 U.S.C. 1395j et seq.); and
                    (C) would not, but for the provisions of and
                amendments made by this section, be eligible for the
                guaranteed issue of a Medicare supplemental policy
                under section 1882(s)(2) of such Act (42 U.S.C.
                1395ss(s)(2)).
            (3) Outreach plan.--The Secretary shall develop an outreach
        plan to notify individuals described in paragraph (2) of the
        one-time enrollment period established under paragraph (1).

SEC. 3. GUARANTEED ISSUE OF MEDIGAP POLICIES FOR MEDICARE ADVANTAGE AND
              MEDICAID ENROLLEES.

    (a) In General.--Section 1882(s)(3) of the Social Security Act (42
U.S.C. 1395ss(s)(3)), as amended by section 2, is amended--
            (1) in subparagraph (B), by adding at the end the following
        new clauses:
            ``(vii) The individual was enrolled in a Medicare Advantage
        plan under part C for not less than 12 months and subsequently
        disenrolled from such plan and elects to receive benefits under
        this title through the original Medicare fee-for-service
        program under parts A and B.
            ``(viii) The individual--
                    ``(I) is entitled to, or enrolled for, benefits
                under part A and enrolled for benefits under part B;
                    ``(II) was eligible for medical assistance under a
                State plan or waiver under title XIX and was enrolled
                in such plan or waiver; and
                    ``(III) subsequently lost eligibility for such
                medical assistance.''; and
            (2) by striking subparagraph (C)(iii) and inserting the
        following:
            ``(iii) Subject to subsection (v)(1), for purposes of an
        individual described in clause (vi), (vii), or (viii) of
        subparagraph (B), a Medicare supplemental policy described in
        this subparagraph shall include any Medicare supplemental
        policy.''.
            (3) in subparagraph (E)--
                    (A) in clause (iv), by striking ``and'' at the end;
                    (B) in clause (v), by striking the period at the
                end and inserting a semicolon; and
                    (C) by adding at the end the following new clauses:
            ``(vi) in the case of an individual described in
        subparagraph (B)(vii), the annual, coordinated election period
        (as defined in section 1851(e)(3)(B)) or a continuous open
        enrollment period (as defined in section 1851(e)(2)) during
        which the individual disenrolls from a Medicare Advantage plan
        under part C; and
            ``(vii) in the case of an individual described in
        subparagraph (B)(viii), the period beginning on the date that
        the individual receives a notice of cessation of such
        individual's eligibility for medical assistance under the State
        plan or waiver under title XIX and ending on the date that is
        123 days after the individual receives such notice.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to Medicare supplemental policies effective on or after January
1, 2010.

SEC. 4. ENROLLMENT OF INDIVIDUALS WITH END STAGE RENAL DISEASE IN
              MEDICARE ADVANTAGE.

    (a) In General.--Section 1851(a) of the Social Security Act (42
U.S.C. 1395w-21(a)) is amended by striking paragraph (3) and inserting
the following:
    ``(3) Medicare+Choice Eligible Individual.--In this title, the term
`Medicare+Choice eligible individual' means an individual who is
entitled to benefits under part A and enrolled under part B.''.
    (b) Conforming Amendments.--
            (1) Section 1852(b) of the Social Security Act (42 U.S.C.
        1395w-22(b)) is amended by striking paragraph (1) and inserting
        the following:
    ``(1) Beneficiaries.--A Medicare+Choice organization may not deny,
limit, or condition the coverage or provision of benefits under this
part, for individuals permitted to be enrolled with the organization
under this part, based on any health status-related factor described in
section 2702(a)(1) of the Public Health Service Act. The Secretary
shall not approve a plan of an organization if the Secretary determines
that the design of the plan and its benefits are likely to
substantially discourage enrollment by certain MA eligible individuals
with the organization.''.
            (2) Section 1859(b)(6)(B) of such Act (42 U.S.C. 1395w-
        28(b)(6)(B)) is amended in the second sentence by striking
        ``may waive application of section 1851(a)(3)(B) in the case of
        an individual described in clause (i), (ii), or (iii) of this
        subparagraph and''.
    (c) Effective Date.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2010.

Output:
Equal Access to Medicare Options Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide all Medicare beneficiaries, regardless of whether they have enrolled in Medicare part B, as well as Medicare Advantage and Medicaid enrollees with the right to guaranteed issue of a supplemental insurance (Medigap) policy.

Amends part C (Medicare+Choice) of SSA title XVIII to permit enrollment of individuals with end stage renal disease (ESRD) in Medicare Advantage.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public School Emergency Relief
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In 2014, the United States experienced an unprecedented
        influx in arrivals of unaccompanied alien children.
            (2) Between January 1, 2014, and July 31, 2014, the
        Department of Health and Human Services Office of Refugee
        Resettlement released 37,477 unaccompanied alien children to
        sponsors nationwide.
            (3) Federal law, as upheld by the Supreme Court decision
        Plyer v. Doe, permits all children residing in the United
        States access to a public elementary and secondary education
        regardless of their immigration status.
            (4) An unprecedented influx of unaccompanied alien children
        has resulted in a strain on the Nation's public school system.
            (5) In response to these conditions, this Act creates an
        emergency grant for the 2014-2015 school year tailored to the
        needs of local educational agencies affected by enrollment
        increases attributable to unaccompanied alien children.

SEC. 3. TEMPORARY EMERGENCY IMPACT AID FOR IMMIGRANT STUDENTS.

    (a) Temporary Emergency Impact Aid Authorized.--
            (1) Aid to state educational agencies.--From amounts
        appropriated to carry out this Act, the Secretary of Education
        shall provide emergency impact aid to State educational
        agencies to enable the State educational agencies to make
        emergency impact aid payments to eligible local educational
        agencies and eligible BIA-funded schools to enable such
        eligible local educational agencies and schools to provide for
        the instruction of students served by such agencies and
        schools.
            (2) Aid to local educational agencies and bia-funded
        schools.--A State educational agency shall make emergency
        impact aid payments to eligible local educational agencies and
        eligible BIA-funded schools in accordance with subsection (c).
            (3) Notice of funds availability.--Not later than 14
        calendar days after the date of enactment of this Act, the
        Secretary of Education shall publish in the Federal Register a
        notice of the availability of funds under this section.
    (b) Application.--
            (1) State educational agency.--A State educational agency
        that desires to receive emergency impact aid under this section
        shall submit an application to the Secretary of Education, not
        later than 7 calendar days after the date by which an
        application under paragraph (2) must be submitted, in such
        manner, and accompanied by such information as the Secretary of
        Education may reasonably require, including information on the
        total immigrant student child count of the State provided by
        eligible local educational agencies in the State and eligible
        BIA-funded schools in the State under paragraph (2).
            (2) Local educational agencies and bia-funded schools.--An
        eligible local educational agency or eligible BIA-funded school
        that desires an emergency impact aid payment under this section
        shall submit an application to the State educational agency,
        not later than 14 calendar days after the date of the
        publication of the notice described in subsection (a)(3), in
        such manner, and accompanied by such information as the State
        educational agency may reasonably require, including
        documentation submitted quarterly for the 2014-2015 school year
        that indicates the following:
                    (A) In the case of an eligible local educational
                agency, the number of immigrant students enrolled in
                the elementary schools and secondary schools (including
                charter schools) served by such agency for such
                quarter.
                    (B) In the case of an eligible BIA-funded school,
                the number of immigrant students enrolled in such
                school for such quarter.
            (3) Determination of number of immigrant students.--In
        determining the number of immigrant students for a quarter
        under paragraph (2), an eligible local educational agency or
        eligible BIA-funded school shall include the number of
        immigrant students served--
                    (A) in the case of a determination for the first
                quarterly installment, during the quarter prior to the
                date of enactment of this Act; and
                    (B) in the case of a determination for each
                subsequent quarterly installment, during the quarter
                immediately preceding the quarter for which the
                installment is provided.
    (c) Amount of Emergency Impact Aid.--
            (1) Aid to state educational agencies.--
                    (A) In general.--The amount of emergency impact aid
                received by a State educational agency for the 2014-
                2015 school year shall equal the product of--
                            (i) the increase (if any) in the number of
                        immigrant students--
                                    (I) as determined by the eligible
                                local educational agencies and eligible
                                BIA-funded schools in the State under
                                subsection (b)(2); over
                                    (II) the number of such students
                                enrolled during the corresponding
                                quarter of the 2012-2013 school year;
                                and
                            (ii) $12,000.
                    (B) Insufficient funds.--If the amount available
                under this section to provide emergency impact aid
                under this subsection is insufficient to pay the full
                amount that a State educational agency is eligible to
                receive under this section, the Secretary of Education
                shall ratably reduce the amount of such emergency
                impact aid.
                    (C) Retention of state share.--In the case of a
                State educational agency that has made a payment prior
                to the date of enactment of this Act to a local
                educational agency for the purpose of covering
                additional costs incurred as a result of enrolling an
                immigrant student in a school served by the local
                educational agency, the State educational agency may
                retain a portion of the payment described in paragraph
                (2)(A)(ii) that bears the same relation to the total
                amount of the payment under such paragraph as the sum
                of such prior payments bears to the total cost of
                attendance for all students in that local educational
                agency for whom the State educational agency made such
                prior payments.
            (2) Aid to eligible local educational agencies and eligible
        bia-funded schools.--
                    (A) Quarterly installments.--
                            (i) In general.--A State educational agency
                        shall provide emergency impact aid payments
                        under this section on a quarterly basis for the
                        2014-2015 school year by such dates as
                        determined by the Secretary of Education. Such
                        quarterly installment payments shall be based
                        on the number of immigrant students reported
                        under subsection (b)(2).
                            (ii) Payment amount.--Subject to paragraph
                        (1)(B), each quarterly installment payment
                        under clause (i) shall equal 25 percent of the
                        amount determined under paragraph (1)(A).
                            (iii) Timeline.--The Secretary of Education
                        shall establish a timeline for quarterly
                        reporting on the number of immigrant students
                        in order to make the appropriate disbursements
                        in a timely manner.
                            (iv) Insufficient funds.--If, for any
                        quarter, the amount available under this
                        section to make payments under this subsection
                        is insufficient to pay the full amount that an
                        eligible local educational agency or eligible
                        BIA-funded school is eligible to receive under
                        this section, the State educational agency
                        shall ratably reduce the amount of such
                        payments.
            (3) Immigrant students.--Subject to the subsection (d), an
        eligible local educational agency or eligible BIA-funded school
        receiving emergency impact aid payments under this section
        shall use the payments to provide services and assistance to
        elementary schools and secondary schools (including charter
        schools) served by such agency, or to such BIA-funded school,
        that enrolled an immigrant student.
    (d) Use of Funds.--
            (1) Authorized uses.--The authorized uses of funds are the
        following:
                    (A) Paying the compensation of personnel, including
                teacher aides, in schools enrolling immigrant students.
                    (B) Identifying and acquiring curricular material,
                including the costs of providing additional classroom
                supplies, and mobile educational units and leasing
                sites or spaces.
                    (C) Basic instructional services for such students,
                including tutoring, mentoring, or academic counseling.
                    (D) Reasonable transportation costs.
                    (E) Health and counseling services.
                    (F) Education and support services.
                    (G) Other uses as allowed under title III of the
                Elementary and Secondary Education Act of 1965 (20
                U.S.C. 6801 et seq.).
            (2) Provision of special education and related services.--
                    (A) In general.--In the case of an immigrant
                student who is a child with a disability, any payment
                made on behalf of such student to an eligible local
                educational agency shall be used to pay for special
                education and related services consistent with the
                Individuals with Disabilities Education Act (20 U.S.C.
                1400 et seq.).
                    (B) Definitions.--In subparagraph (A), the terms
                ``child with a disability'', ``special education'', and
                ``related services'' have the meaning given such terms
                in section 602 of the Individuals with Disabilities
                Education Act (20 U.S.C. 1401).
    (e) Return of Aid.--
            (1) Eligible local educational agency or eligible bia-
        funded school.--An eligible local educational agency or
        eligible BIA-funded school that receives an emergency impact
        aid payment under this section shall return to the State
        educational agency any payment provided to the eligible local
        educational agency or school under this section that the
        eligible local educational agency or school has not obligated
        by the end of the 2014-2015 school year in accordance with this
        section.
            (2) State educational agency.--A State educational agency
        that receives emergency impact aid under this section, shall
        return to the Secretary of Education--
                    (A) any aid provided to the agency under this
                section that the agency has not obligated by the end of
                the 2014-2015 school year in accordance with this
                section; and
                    (B) any payment funds returned to the State
                educational agency under paragraph (1).
    (f) Limitation on Use of Aid and Payments.--Aid and payments
provided under this section shall only be used for expenses incurred
during the 2014-2015 school year.
    (g) Administrative Expenses.--A State educational agency that
receives emergency impact aid under this section may use not more than
1 percent of such aid for administrative expenses. An eligible local
educational agency or eligible BIA-funded school that receives
emergency impact aid payments under this section may use not more than
2 percent of such payments for administrative expenses.
    (h) Special Funding Rule.--In calculating funding under section
8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703) for an eligible local educational agency that receives an
emergency impact aid payment under this section, the Secretary of
Education shall not count immigrant students served by such agency for
whom an emergency impact aid payment is received under this section,
nor shall such students be counted for the purpose of calculating the
total number of children in average daily attendance at the schools
served by such agency as provided in section 8003(b)(3)(B)(i) of such
Act (20 U.S.C. 7703(b)(3)(B)(i)).
    (i) Nondiscrimination.--
            (1) In general.--Nothing in this Act may be construed to
        alter or modify the provisions of the Individuals with
        Disabilities Education Act (20 U.S.C. 1400 et seq.), title VI
        of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
        title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
        seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et
        seq.).
            (2) Prohibition.--A school that enrolls an immigrant
        student under this section shall not discriminate against
        students on the basis of race, color, national origin,
        religion, disability, or sex.
            (3) Rule of construction.--The amount of any payment (or
        other form of support provided on behalf of an immigrant
        student) under this section shall not be treated as income of a
        parent or guardian of the student for purposes of Federal tax
        laws or for determining eligibility for any other Federal
        program.
    (j) Treatment of State Aid.--A State shall not take into
consideration emergency impact aid payments received under this section
by a local educational agency in the State in determining the
eligibility of such local educational agency for State aid, or the
amount of State aid, with respect to free public education of children.

SEC. 4. DEFINITIONS.

    (a) In General.--Unless otherwise specified, the terms used in this
Act have the meanings given the terms in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
    (b) Specific Definitions.--In this Act:
            (1) Eligible local educational agency.--The term ``eligible
        local educational agency'' means a local educational agency
        that serves an elementary school or secondary school (including
        a charter school) in which there is enrolled an immigrant
        student.
            (2) Eligible bia-funded school.--The term ``eligible BIA-
        funded school'' means a school funded by the Bureau of Indian
        Affairs in which there is enrolled an immigrant student.
            (3) Immigrant student.--The term ``immigrant student'' has
        the meaning given the term ``immigrant children and youth'' in
        section 3301 of the Elementary and Secondary Education Act of
        1965 (20 U.S.C. 7011).

Output: Public School Emergency Relief Act - Directs the Secretary of Education to provide emergency impact aid payments to states and, through them, to local educational agencies and Indian schools for each quarter of the 2014-2015 school year for any increase in the enrollment of immigrant children from the corresponding quarter of the 2012-2013 school year. Requires the payments to be used to provide services and assistance to schools that enroll immigrant students.  Authorizes the funds to be used for:  compensating school personnel, identifying and acquiring curricular material and mobile educational units and leasing sites or spaces, basic instructional services for immigrant students, reasonable transportation costs, health and counseling services, education and support services, and other uses allowed under title III (Language Instruction for Limited English Proficient and Immigrant Students) of the Elementary and Secondary Education Act of 1965.  Requires any payment made on behalf of a disabled immigrant student to be used for special education and related services. Prohibits the use of the emergency impact aid for any expenses that are not incurred during the 2014-2015 school year.