Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manufacturing Advisory Council
Establishment Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Manufacturing is a critical component of the economy of
        the United States.
            (2) A strong manufacturing sector is important to
        maintaining a desirable standard of living for all United
        States citizens.
            (3) United States manufacturers can compete globally as
        long as they are not subjected to anti-competitive trade
        practices.
            (4) The United States manufacturing industry is presently
        facing many challenges, both domestic and international.
            (5) The President would benefit from regular, informed
        advice from a variety of sources within the Unites States
        manufacturing sector, including representatives of small and
        mid-sized businesses, on policies that affect manufacturing.

SEC. 3. ESTABLISHMENT.

    There is established a council to be known as the ``President's
Council of Advisors on Manufacturing''.

SEC. 4. DUTIES.

    The duties of the Council shall be--
            (1) to advise the President on policy matters affecting the
        domestic manufacturing sector;
            (2) to assist in the development of policies that will--
                    (A) reduce production costs within the
                manufacturing sector,
                    (B) promote the competitiveness of products
                manufactured in the United States in international
                markets,
                    (C) encourage innovation, investment, and
                productivity in the manufacturing sector, and
                    (D) ensure an adequate supply of skilled workers in
                the manufacturing sector; and
            (3) to assist the Secretary of Commerce in securing private
        sector involvement for Department of Commerce activities.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Council shall be composed of 25
members appointed by the President as follows:
            (1) 1 member shall be an officer or employee of the Federal
        Government.
            (2) 24 members shall be individuals who--
                    (A) are not officers or employees of the Federal
                Government;
                    (B) have expertise in manufacturing; and
                    (C) represent businesses of various sizes and
                industries within the manufacturing sector.
    (b) Continuation of Membership.--If a member was appointed to the
Council as an officer or employee of the Federal Government and the
member ceases to be an officer or employee of the Federal Government,
or was appointed to the Council because the member was not an officer
or employee of the Federal Government and later becomes an officer or
employee of the Federal Government, that member may continue as a
member for not longer than the 90-day period beginning on the date that
the member ceases to be an officer or employee of the Federal
Government, or becomes such an officer or employee, as the case may be.
    (c) Terms.--
            (1) In general.--Each member shall be appointed for a term
        of 2 years, except as provided in paragraphs (2) and (3).
            (2) Terms of initial appointees.--As designated by the
        President at the time of appointment, of the members first
        appointed--
                    (A) 8 shall be appointed for terms of 4 years;
                    (B) 8 shall be appointed for terms of 3 years;
                    (C) 8 shall be appointed for terms of 2 years; and
                    (D) the member appointed under subsection (a)(1)
                shall be appointed for a term of 2 years.
            (3) Vacancies.--Any member appointed to fill a vacancy
        occurring before the expiration of the term for which the
        member's predecessor was appointed shall be appointed only for
        the remainder of that term. A member may serve after the
        expiration of that member's term until a successor has taken
        office.
    (d) Deadline for Appointment.--The appointments of the members of
the Council shall be made no later than 90 days after the date of the
enactment of this Act.
    (e) Co-chairs.--The co-chairs of the Council shall be the member
appointed under subsection (a)(1) and one member appointed under
subsection (a)(2) who is designated by the President at the time of
appointment.
    (f) Meetings.--
            (1) First meeting.--The Council shall hold its first
        meeting on a date designated by the co-chairs which is not
        later than 30 days after the date on which all members have
        been appointed.
            (2) Subsequent meetings.--After the first meeting, the
        Council shall meet at least semi-annually upon the call of the
        co-chairs.
    (g) No Compensation for Service.--The members shall serve on the
Council without compensation.
    (h) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.

SEC. 6. POWERS OF THE COUNCIL.

    (a) Information and Advice.--As the Council finds appropriate, the
Council may seek information and advice from persons who are not
members of the Council.
    (b) Obtaining Official Data.--The Council may secure directly from
any agency of the United States information necessary to enable it to
carry out this Act. Upon the request of either co-chair, the head of
that department or agency shall furnish that information to the
Council.
    (c) Mails.--The Council may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.

SEC. 7. ADMINISTRATION.

    (a) Expenses.--Any expenses incurred by the Council shall be paid
from the funds available to the Assistant Secretary of Commerce
responsible for manufacturing and services, as determined by the
Secretary of Commerce.
    (b) Administrative Services.--The Assistant Secretary of Commerce
responsible for manufacturing and services, as determined by the
Secretary of Commerce, shall provide any administrative support
services required by the Council.

SEC. 8. NO TERMINATION.

    Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C.
App.; relating to the termination of advisory committees) shall not
apply to the Council.

Output:
Manufacturing Advisory Council Establishment Act of 2004 - Establishes the President's Council of Advisors on Manufacturing to: (1) advise the President on policy matters affecting the domestic manufacturing sector; (2) develop policies that will reduce manufacturing production costs, promote the international competitiveness of U.S.-manufactured products, encourage innovation, investment and productivity in the manufacturing sector, and ensure an adequate supply of skilled manufacturing workers; and (3) assist the Secretary of Commerce in securing private sector involvement for Department of Commerce activities.

States that provisions of the Federal Advisory Committee Act relating to the termination of advisory committees shall not apply to the Council.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Trade in Grain Act of 1993''.

SEC. 2. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN GRAIN AFTER
              IMPORTATION.

    (a) Definitions.--As used in this section:
            (1) Entry.--The term ``entry'' means the entry into, or the
        withdrawal from warehouse for consumption in, the customs
        territory of the United States.
            (2) Foreign grain.--The term ``foreign grain'' means any of
        the following, if a product of any foreign country or
        instrumentality:
                    (A) Wheat provided for in heading 1001 of the
                Harmonized Tariff Schedule of the United States.
                    (B) Barley provided for in heading 1003.00 of such
                Schedule.
                    (C) Oats provided for in heading 1004.00.00 of such
                Schedule.
    (b) Certification Requirements Regarding Foreign Grain.--
            (1) End-use certificate.--An end-use certificate that meets
        the requirements of subsection (c) shall be included in the
        documentation covering the entry of any foreign grain.
            (2) Quarterly reports.--A consignee of imported foreign
        grain shall submit to the Secretary of Agriculture a quarterly
        report that certifies--
                    (A) what percentage of the foreign grain covered by
                an end-use certificate was used by the consignee during
                the quarter; and
                    (B) that the grain referred to in paragraph (1) was
                used by the consignee for the purpose stated in the
                end-use certificate.
    (c) End-Use Certificate and Quarterly Report Content.--The end-use
certificates and quarterly reports required under subsection (b) shall
be in such form, and require such information, as the Secretary of
Agriculture considers necessary or appropriate to carry out the
purposes of this section, including--
            (1) in the case of the end-use certificate--
                    (A) the name and address of the importer of record
                of the foreign grain covered by the certificate;
                    (B) the name and address of the consignee of the
                grain;
                    (C) the identification of the country of origin of
                the grain;
                    (D) a description by class and quantity of the
                grain;
                    (E) a specification of the purpose for which the
                consignee will use the grain; and
                    (F) the identification of the transporter of the
                grain from the port of entry to the processing facility
                of the consignee; and
            (2) in the case of the quarterly report--
                    (A) the information referred to in subparagraphs
                (A) and (B) of paragraph (1);
                    (B) the identification of the end-use certificates
                currently held by the consignee;
                    (C) a statement of the quantity of the foreign
                grain covered by each of the end-use certificates
                identified under subparagraph (B) that was used during
                the quarter;
                    (D) a statement of the use made during the quarter
                by the consignee of each quantity referred to in
                subparagraph (C); and
                    (E) a statement of the quantity of wheat, barley,
                and oats that have been exported by the consignee
                during the quarter.
    (d) Regulations.--The Secretary of Agriculture shall prescribe such
requirements regarding the preparation and submission of the quarterly
reports required under subsection (b)(2) as may be necessary or
appropriate to carry out this section.
    (e) Penalties.--
            (1) Customs penalties.--End-use certificates required under
        this section shall be treated as any other customs
        documentation for purposes of applying the customs laws that
        prohibit the entry, or the attempt to enter, merchandise by
        fraud, gross negligence, or negligence.
            (2) Civil penalties.--Any person who knowingly violates any
        requirement prescribed by the Secretary of Agriculture to carry
        out this section is punishable by a civil penalty in an amount
        not to exceed $10,000.
    (f) Entry Prohibited Unless End-Use Certificate Presented.--The
Commissioner of Customs may not permit the entry of foreign grain
unless the importer of record presents at the time of entry of the
grain an end-use certificate that complies with the applicable
requirements of subsection (c).

SEC. 3. USE OF EXPORT ENHANCEMENT PROGRAM TO PROMOTE WHEAT EXPORTS TO
              MEXICO.

    Section 301(b) of the Agricultural Trade Act of 1978 (7 U.S.C.
5651(b)) is amended by adding at the end the following new paragraph:
            ``(9) Promotion of wheat exports to mexico.--In carrying
        out the program established under this section, the Secretary
        shall provide agricultural commodities or cash payments, or
        both, to promote the export of wheat to Mexico.''.

SEC. 4. INITIATION OF INVESTIGATION WITH RESPECT TO CANADIAN WHEAT
              SUBSIDIES.

    Not later than 30 days after the date of the enactment of this Act,
the administering authority shall initiate a countervailing duty
investigation and an antidumping duty investigation under title VII of
the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to the
subsidies provided by Canada in connection with the exportation of
wheat to the United States.

Output:
Fair Trade in Grain Act of 1993 - Requires a consignee of imported foreign grain to:  (1) include an end-use certificate in the documentation covering the entry of such grain; and (2) submit to the Secretary of Agriculture certain quarterly reports regarding the use of such grain.
Sets forth civil penalties.
Prohibits the Commissioner of Customs from permitting the entry of such grain unless the importer of record presents such certificate at the time of entry.
Amends the Agricultural Trade Act of 1978 to require the Secretary to provide agricultural commodities or cash payments, or both, to promote U.S. wheat exports to Mexico.
Directs the administering authority to initiate a countervailing duty and antidumping duty investigation with respect to Canadian subsidies for wheat exported to the United States.


Input:
SECTION 1. REQUIREMENT TO DISCLOSE TO INSURANCE APPLICANTS CERTAIN
              MEDICAL TEST RESULTS.

    (a) In General.--Except as provided in subsections (c) and (d), a
life or disability insurer who requires, as a condition for the sale of
a covered insurance product, that an applicant for the purchase of the
product submit to an examination or test by a physician, health
professional, or medical laboratory--
            (1) shall require the physician, health professional, or
        laboratory to provide the results to the insurer in the form of
        a written report containing the findings of the physician,
        professional, or laboratory, including the results of all
        tests, diagnoses, and conclusions made; and
            (2) shall mail, not later than 30 days after the date on
        which the insurer receives such report, the report to the
        applicant at an address provided for this purpose by the
        applicant.
    (b) Abnormal Finding.--In any case in which a life or disability
insurer mails a report to an applicant under subsection (a) that
contains a finding of abnormality or irregularity with respect to the
health or condition of the applicant, the insurer shall include with
the report a document that--
            (1) highlights the abnormal or irregular finding in
        language that is understandable to a person of average
        intelligence with no medical training; and
            (2) advises the applicant to consult with a suitable health
        professional for further explanation and appropriate follow-up.
    (c) Election To Receive Results through Physician.--An applicant
described in subsection (a) may elect to have the report described in
such subsection, and the document described in subsection (b), mailed
to a physician of the applicant's choice designated by the applicant
for such purpose, in lieu of having the report and document mailed to
the applicant. The election shall be effective in any case where the
applicant, before the date of the examination or test, submits to the
insurer an election form described in subsection (e)(1) that includes--
            (1) a check-off box, marked by hand by the applicant,
        showing the applicant's election to have the report and
        document mailed to such physician;
            (2) the applicant's signature; and
            (3) the date on which the form was completed by the
        applicant.
    (d) Waiver by Applicant.--Subsections (a) and (b) shall not apply
where the applicant, before the date of the examination or test,
declines to receive the results by submitting to the insurer a waiver
form described in subsection (e)(1) that includes--
            (1) a check-off box, marked by hand by the applicant,
        showing the applicant's choice to waive the applicant's right
        to receive any reports under subsection (a);
            (2) the applicant's signature; and
            (3) the date on which the form was completed by the
        applicant.
    (e) Requirements Relating to Forms.--
            (1) Requirement to supply forms.--A life or disability
        insurer described in subsection (a) shall furnish to an
        applicant described in such subsection an election form,
        sufficient for purposes of subsection (c), and a waiver form,
        sufficient for purposes of subsection (d), at the same time the
        insurer furnishes to the applicant the application for sale of
        the covered product. The forms shall be distinct from, and not
        a part of, such application.
            (2) Copy.--A life or disability insurer described in
        subsection (a) shall furnish to an applicant described in such
        subsection a copy of an election form or a waiver form
        submitted to the insurer by the applicant upon the insurer's
        receipt of the form.
            (3) Revocation.--An election under subsection (c), or a
        waiver under subsection (d), may be revoked by the applicant at
        any time, through a written or oral notification to the life or
        disability insurer.

SEC. 2. PROHIBITION ON CERTAIN DISCLOSURES OF EXAMINATION RESULTS.

    A life or disability insurer who requires, as a condition for the
sale of a covered insurance product, that an applicant for the purchase
of the product submit to an examination or test by a physician, health
professional, or medical laboratory may not disclose to any other
person, in any form, the results of such examination or test, except--
            (1) as provided in section 1;
            (2) pursuant to a valid and fully executed written
        authorization for such disclosure--
                    (A) during the period specified by the
                authorization, in the case of an authorization that
                permits the disclosure to be made only during a period
                that is shorter than the 2-year period beginning on the
                date the authorization is executed by the applicant; or
                    (B) during 2-year period beginning on the date the
                authorization is executed by the applicant, in the case
                of any other authorization;
            (3) pursuant to a court order, subpoena, warrant, or search
        warrant, for use by a law enforcement agency in an official law
        enforcement investigation or proceeding inquiring into a
        violation of any civil or criminal law, and where such
        disclosure is expressly required by an applicable law other
        than this Act;
            (4) where the disclosure is made to a public health
        authority and is expressly required by an applicable law other
        than this Act.

SEC. 3. CIVIL ACTION BY AGGRIEVED PERSON.

    (a) In General.--Any person who is aggrieved by a violation of this
Act by a life or disability insurer may commence a civil action against
the insurer in an appropriate State court or district court of the
United States.
    (b) Relief.--
            (1) In general.--In an action under this section, if the
        court finds that the defendant has failed to comply with this
        Act, the aggrieved person may recover--
                    (A) statutory damages in an amount equal to $10,000
                for each such violation;
                    (B) compensatory damages; and
                    (C) punitive damages.
            (2) Attorney's fees.--In an action under this section, the
        court, in its discretion, may allow a prevailing plaintiff,
        other than the United States, a reasonable attorney's fee
        (including expert fee) as part of the costs, and the United
        States shall be liable for costs the same as a private person.

SEC. 4. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT.

    For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C.
1012(b); commonly known as the McCarran-Ferguson Act), this Act shall
be considered to specifically relate to the business of insurance.

SEC. 5. REGULATIONS.

    The Secretary of Health and Human Services may issue regulations to
carry out this Act.

SEC. 6. DEFINITIONS.

    As used in this Act:
            (1) Applicant.--The term ``applicant'' means an individual
        whose death or disability will be, or is, the subject of a
        covered insurance product, upon the acceptance by the life or
        disability insurer selling the product of the application for
        the purchase of the product.
            (2) Covered insurance product.--The term ``covered
        insurance product'' means--
                    (A) a life insurance policy or contract, or
                benefits under such a policy or contract; or
                    (B) a disability insurance policy or contract, or
                benefits under such a policy or contract.
            (3) Disclose.--The term ``disclose'', means to release,
        transfer, provide access to, or otherwise divulge the
        information to any person other than an individual who is the
        subject of the information. Such term includes the placement of
        information into a computerized data base, networked computer
        system, or any other electronic or magnetic data system, that
        more than one person may access by any means.
            (4) Life or disability insurer.--The term ``life or
        disability insurer'' means--
                    (A) a person doing business in interstate commerce
                who is licensed or certified by a State to provide a
                covered insurance product; or
                    (B) a person who acts as an agent of a person
                described in subparagraph (A) with respect to the sale
                of a covered insurance product.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect on July 1, 1998.

Output: Requires that a life or disability insurer, if the insurer requires an applicant for life or disability insurance to submit to a medical examination or test, ensure disclosure to the applicant of the test results.  Prohibits the insurer from disclosing the results to any other person, except under a written authorization made by the applicant, pursuant to certain legal process, or to a public health authority when expressly required by law.  Provides for civil actions for violations of this Act by any aggrieved person, allowing recovery of statutory, compensatory, and punitive damages and attorney's fees. Declares that, for provisions of Federal law commonly known as the McCarran-Ferguson Act prohibiting Federal insurance law from preempting State law unless the Federal law specifically relates to the business of insurance, this Act shall be considered to specifically relate to the business of insurance.


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

    (a) Short Title.--This Act may be cited as the ``Medicare+Choice
Improvement and Stabilization Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Payment reforms for 2003.
Sec. 3. Change in Medicare+Choice reporting deadlines and annual,
                            coordinated election period and delay in
                            lock-in provisions.
Sec. 4. Avoiding duplicative State regulation.
Sec. 5. Demonstration projects for preferred provider organizations,
                            point-of-service plans, MSA plans, and
                            disease management programs.
Sec. 6. Suspension of limitation for program reentry for 2003 and 2004.
Sec. 7. Specialized Medicare+Choice plans for special needs
                            beneficiaries.

SEC. 2. PAYMENT REFORMS FOR 2003.

    (a) Payment Based on 100 Percent of Fee-for-Service Costs.--
            (1) In general.--Section 1853(c)(1) of the Social Security
        Act (42 U.S.C. 1395w-23(c)(1)) is amended by adding at the end
        the following:
                    ``(D) Based on 100 percent of fee-for-service costs
                for 2003.--For 2003 only, the adjusted average per
                capita cost for that year, determined under section
                1876(a)(4) for the Medicare+Choice payment area for
                services covered under parts A and B for individuals
                entitled to benefits under part A and enrolled under
                part B who are not enrolled in a Medicare+Choice plan
                under this part for the year, subject to the same
                adjustment as is provided to the annual per capita rate
                payment under paragraph (3)(B).''.
            (2) Conforming amendment.--Such section is further amended
        in the matter before subparagraph (A), by striking ``or (C)''
        and inserting ``(C), or (D)''.
    (b) Revision of National Average Used in Calculation of Blend.--
Section 1853(c)(4)(B)(i)(II) of such Act (42 U.S.C. 1395w-
23(c)(4)(B)(i)(II)) is amended by inserting ``who (with respect to
determinations for 2003) are enrolled in a Medicare+Choice plan'' after
``the average number of medicare beneficiaries''.
    (c) Elimination of Budget Neutrality.--Section 1853(c) of such Act
(42 U.S.C. 1395w-23(c)) is amended--
            (1) in paragraph (1)(A), by inserting ``(for a year other
        than 2003)'' after ``multiplied''; and
            (2) in paragraph (5), by inserting ``(other than 2003)''
        after ``for each year''.

SEC. 3. CHANGE IN MEDICARE+CHOICE REPORTING DEADLINES AND ANNUAL,
              COORDINATED ELECTION PERIOD AND DELAY IN LOCK-IN
              PROVISIONS.

    (a) Change in Reporting Deadline.--Section 1854(a)(1) of the Social
Security Act (42 U.S.C. 1395w-24(a)(1)) is amended by striking ``July
1'' and inserting ``the third Monday in September''.
    (b) Delay in Annual, Coordinated Election Period.--Section
1851(e)(3)(B) of such Act (42 U.S.C. 1395w-21(e)(3)(B)) is amended by
striking ``(beginning with 2000), the month of November before such
year'' and inserting ``, the period beginning on November 15 and ending
on December 31 of the year before such year''.
    (c) 1-Year Delay in Lock-In.--Section 1851(e) of such Act (42
U.S.C. 1395w-21(e)) is amended--
            (1) in paragraph (2)(A)--
                    (A) by striking ``and 2001,'' and inserting ``,
                2001, and 2002''; and
                    (B) in the heading, by striking ``2001'' and
                inserting ``2002'';
            (2) in paragraph (2)(B)--
                    (A) in clause (i), by striking ``2002'' each place
                it appears and inserting ``2003''; and
                    (B) in the heading that precedes clause (i), by
                striking ``2002'' and inserting ``2003'';
            (3) in paragraph (2)(C)(i), by striking ``2002'' each place
        it appears and inserting ``2003''; and
            (4) in paragraph (4)--
                    (A) in the matter preceding subparagraph (A), by
                striking ``2002'' and inserting ``2003''; and
                    (B) in the second sentence, by striking ``2002''
                and inserting ``2003''.
    (d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2002.

SEC. 4. AVOIDING DUPLICATIVE STATE REGULATION.

    (a) In General.--Section 1856(b)(3) of the Social Security Act (42
U.S.C. 1395w-26(b)(3)) is amended to read as follows:
            ``(3) Relation to state laws.--The standards established
        under this subsection shall supersede any State law or
        regulation (other than State licensing laws or State laws
        relating to plan solvency) with respect to Medicare+Choice
        plans which are offered by Medicare+Choice organizations under
        this part.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.

SEC. 5. DEMONSTRATION PROJECTS FOR PREFERRED PROVIDER ORGANIZATIONS,
              POINT-OF-SERVICE PLANS, MSA PLANS, AND DISEASE MANAGEMENT
              PROGRAMS.

    (a) In General.--The Secretary of Health and Human Services shall
conduct a demonstration program (in this section referred to as the
``demonstration program'') under which payment rules to Medicare+Choice
organizations under section 1853 of the Social Security Act are
modified in order to promote the offering of Medicare+Choice plans by
preferred provider organizations under the Medicare+Choice program, the
offering of Medicare+Choice plans that provide point-of-service
coverage for other than participating providers, and the offering of
MSA plans and to promote the use of disease management programs by
Medicare+Choice plans.
    (b) Projects.--Under the demonstration program, the Secretary shall
provide for 10 demonstration projects. Each project shall extend over a
period of not to exceed 3 years. Of the demonstration projects
conducted under the demonstration, to the extent feasible, at least one
such project shall promote the offering of a Medicare+Choice plan by a
preferred provider organization, at least one project shall promote the
offering of a Medicare+Choice plan that provides point-of-service
coverage for other than participating providers, and at least two
projects shall promote the offering of a MSA plan.
    (c) Risk-Sharing Arrangements.--Under the demonstration program,
the Secretary may provide for the assumption of portions of the
financial risk under a split or partial risk-sharing arrangement.
    (d) Waiver Authority.--The Secretary is authorized to waive such
provisions of section 1853 of the Social Security Act (and related
provisions of part C of title XVIII of such Act) as the Secretary
determines to be necessary to conduct the demonstration program under
this section.
    (e) Evaluation and Report.--
            (1) Evaluation.--The Secretary shall provide for an
        evaluation of the demonstration program conducted under this
        section and its impact on enrollment, particularly in areas not
        previously served by Medicare+Choice plans.
            (2) Report.--The Secretary shall submit to Congress a
        report on the demonstration program and its evaluation. Such
        report shall include an assessment of the costs and savings to
        the medicare program as a result of the demonstration program
        and may include such recommendations for changes in the
        Medicare+Choice program as the Secretary deems appropriate.

SEC. 6. SUSPENSION OF LIMITATION FOR PROGRAM REENTRY FOR 2003 AND 2004.

    Section 1857(c)(4) of the Social Security Act (42 U.S.C. 1395w-
27(c)(4)) is amended--
            (1) in subparagraph (A), by striking ``subparagraph (B)''
        and inserting ``subparagraphs (B) and (C)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Applicability in certain years.--Subparagraph
                (A) shall not apply for contracts entered into for
                contract year 2003 or 2004.''.

SEC. 7. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS
              BENEFICIARIES.

    (a) Treatment as Coordinated Care Plan.--Section 1851(a)(2)(A) of
the Social Security Act (42 U.S.C. 1395w-21(a)(2)(A)) is amended by
adding at the end the following new sentence: ``Specialized
Medicare+Choice plans for special needs beneficiaries (as defined in
section 1859(b)(4)) may be any type of coordinated care plan.''.
    (b) Specialized Medicare+Choice Plan for Special Needs
Beneficiaries Defined.--Section 1859(b) of such Act (42 U.S.C. 1395w-
29(b)) is amended by adding at the end the following new paragraph:
            ``(4) Specialized medicare+choice plans for special needs
        beneficiaries.--
                    ``(A) In general.--The term `specialized
                Medicare+Choice plan for special needs beneficiaries'
                means a Medicare+Choice plan that exclusively serves
                special needs beneficiaries (as defined in subparagraph
                (B)).
                    ``(B) Special needs beneficiary.--The term `special
                needs beneficiary' means a Medicare+Choice eligible
                individual who--
                            ``(i) is institutionalized (as defined by
                        the Secretary);
                            ``(ii) is entitled to medical assistance
                        under a State plan under title XIX; or
                            ``(iii) meets such requirements as the
                        Secretary may determine would benefit from
                        enrollment in such a specialized
                        Medicare+Choice plan described in subparagraph
                        (A) for individuals with severe or disabling
                        chronic conditions.''.
    (c) Restriction on Enrollment Permitted.--Section 1859 of such Act
(42 U.S.C. 1395w-29) is amended by adding at the end the following new
subsection:
    ``(f) Restriction on Enrollment for Specialized Medicare+Choice
Plans for Special Needs Beneficiaries.--In the case of a specialized
Medicare+Choice plan (as defined in subsection (b)(4)), notwithstanding
any other provision of this part and in accordance with regulations of
the Secretary and for periods before January 1, 2007, the plan may
restrict the enrollment of individuals under the plan to individuals
who are within one or more classes of special needs beneficiaries.''.
    (d) Report to Congress.--Not later than December 31, 2005, the
Secretary of Health and Human Services shall submit to Congress a
report that assesses the impact of specialized Medicare+Choice plans
for special needs beneficiaries on the cost and quality of services
provided to enrollees. Such report shall include an assessment of the
costs and savings to the medicare program as a result of amendments
made by subsections (a), (b), and (c).
    (e) Effective Dates.--
            (1) In general.--The amendments made by subsections (a),
        (b), and (c) shall take effect upon the date of the enactment
        of this Act.
            (2) Deadline for issuance of requirements for special needs
        beneficiaries; transition.--No later than September 1, 2002,
        the Secretary of Health and Human Services shall issue final
        regulations to establish requirements for special needs
        beneficiaries under section 1859(b)(4)(B)(iii) of the Social
        Security Act, as added by subsection (b).
    (f) Extension of Municipal Health Service Demonstration Projects.--
The last sentence of section 9215(a) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (42 U.S.C. 1395b-1 note), as previously
amended, is amended by striking ``December 31, 2004, but only with
respect to'' and all that follows and inserting ``December 31, 2009,
but only with respect to individuals who reside in the city in which
the project is operated and so long as the total number of individuals
participating in the project does not exceed the number of such
individuals participating as of January 1, 1996.''.

Output: Medicare+Choice Improvement and Stabilization Act of 2001 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to make each annual Medicare+Choice capitation rate for a Medicare+Choice payment area for a contract year equal to the largest of the amounts specified under current law or, for 2003, 100 percent of the fee-for-service costs for the Medicare+Choice payment area for services covered under Medicare parts A (Hospital Insurance) or B (Supplementary Medical Insurance) for individuals entitled to benefits under part A and enrolled under part B who are not enrolled in a Medicare+Choice plan under this part for the year.Revises the calculation of the national standardized annual Medicare+Choice capitation rate used in determining the input-price-adjusted annual national Medicare+Choice capitation rate for a Medicare+Choice payment area for calculation of annual Medicare+Choice capitation rates for 2003.Eliminates budget neutrality in such calculation for a year other than 2003. Modifies requirements for establishment of standards (other than solvency standards) for provider-sponsored organizations for Medicare+Choice organizations and plans in relation to State laws to avoid duplicative State regulation.Directs the Secretary of Health and Human Services to conduct a demonstration program under which payment rules for Medicare+Choice organizations are modified in order to promote: (1) the offering of Medicare+Choice plans by preferred provider organizations, of Medicare+Choice plans that provide point-of-sale coverage for other than participating providers, and of MSA plans: and (2) the use of disease management programs by Medicare+Choice plans.Amends SSA title XVII part C to: (1) suspend the limitation for program reentry for Medicare+Choice organizations for 2003 and 2004; and (2) set forth rules governing specialized Medicare+Choice plans for special needs beneficiaries.Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for extension of municipal health service demonstration projects.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stepping Up to STEM Act of 2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Technology and the Internet have transformed nearly
        every aspect of both the global economy and our daily lives. In
        a technology-rich world, no amount of memorizing information
        will make a student competitive in the global labor market.
        America needs an education system that supports students from
        all walks of life in becoming inquisitive, resourceful thinkers
        who use technology to pursue knowledge, collaborate across
        geographic and cultural boundaries, acquire new skills, and
        solve complex problems.
            (2) Equality and equity of access is more than access to
        the same hardware, software, and broadband connections. It
        includes access to the best digital learning resources and
        access to teachers who know how to orchestrate the use of these
        resources in ways that inspire students and produce better
        learning outcomes.
            (3) Technology by itself will not improve student outcomes.
        What is needed are carefully designed innovations that include
        not just technology but also good learning content, effective
        instructional strategies, supports for teachers and school
        systems figuring out how to use the new approach, and the
        capacity to collect, analyze and reflect on data that will show
        whether or not the innovation is having the intended effects.
            (4) Effective learning technology implementations
        addressing the challenging aspects of language arts,
        mathematics and science that all students are expected to
        master. This will require partnerships among education
        agencies, education researchers, and technology developers with
        the common goal of harnessing technology to provide
        opportunities for deeper learning to students who would not
        otherwise experience them.

SEC. 3. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
              EDUCATION WITHIN THE DEPARTMENT OF EDUCATION.

    (a) Assistant Secretary.--Section 202 of the Department of
Education Organization Act (20 U.S.C. 3412) is amended in subsection
(b)(1)--
            (1) in subparagraph (E) by striking ``and'' at the end;
            (2) by redesignating subparagraph (F) as (G); and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) an Assistant Secretary for Science,
                Technology, Engineering, and Mathematics Education (in
                this Act referred to as the `Assistant Secretary for
                STEM Education'); and''.
    (b) Office.--Title II of the Department of Education Organization
Act (20 U.S.C. 3411 et seq.) is amended by adding at the end the
following:

``SEC. 221. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
              EDUCATION.

    ``(a) In General.--There shall be in the Department of Education an
Office of Science, Technology, Engineering, and Mathematics Education
(in this section referred to as the `Office of STEM Education'), to be
administered by the Assistant Secretary for STEM Education appointed
under section 202(b).
    ``(b) Responsibilities.--The Assistant Secretary of STEM Education,
acting through the Office, shall serve as the principal advisor to the
Secretary on matters affecting science, technology, engineering, and
math education, and shall administer such functions representing STEM
education, including the coordination of STEM activities and programs
across Federal agencies.
    ``(c) Evaluation and Report.--The Assistant Secretary for STEM
Education shall conduct an independent evaluation, through grant or by
contract, of the STEM education programs administered by the
Department, at least every 5 years, which shall include--
            ``(1) conducting an assessment of STEM education activities
        within the Department by using the evaluations and reports of
        these programs to determine these programs' impact on--
                    ``(A) the quantity of students taking advanced
                placement in STEM areas and seeking STEM degrees;
                    ``(B) the quantity of students exposed to STEM
                content in the hours outside of the regular school day;
                    ``(C) student academic achievement in mathematics
                and science; and
                    ``(D) the increased number of highly qualified STEM
                teachers, STEM content coaches, and STEM master
                educators; and
            ``(2) the preparation and submission of a report on the
        results of the evaluation described in paragraph (1) to the
        Committee on Health, Education, Labor, and Pensions and the
        Committee on Commerce, Science, and Transportation of the
        Senate, the Committee on Education and the Workforce and the
        Committee on Science, Space, and Technology of the House of
        Representatives, and the Committees on Appropriations of the
        Senate and the House of Representatives.
    ``(d) Authorization of Appropriations.--There are authorized to be
appropriated $1,500,000 to carry out this section for fiscal year 2014
and such sums as may be necessary for each fiscal year thereafter.''.

SEC. 4. ADVANCED RESEARCH PROJECTS AGENCY FOR EDUCATION.

    Title II of the Department of Education Organization Act (20 U.S.C.
3411 et seq.), as amended by section 2 of this Act, is further amended
by adding at the end the following:

``SEC. 222. ADVANCED RESEARCH PROJECTS AGENCY FOR EDUCATION.

    ``(a) Establishment.--There shall be in the Department an Advanced
Research Projects Agency for Education (referred to in this section as
`ARPA-ED').
    ``(b) Purposes.--ARPA-ED is established under this section for the
purposes of pursuing breakthrough research and development in
educational technology and providing the effective use of the
technology to improve achievement for all students, by--
            ``(1) integrating STEM related content areas including
        science, technology, computer science, engineering design,
        mathematics and computational thinking;
            ``(2) identifying and promoting revolutionary advances in
        fundamental and applied sciences and engineering that could be
        translated into new learning technologies;
            ``(3) developing novel learning technologies, and the
        enabling processes and contexts for effective use of those
        technologies;
            ``(4) developing, testing, and evaluating the impact and
        efficacy of those technologies;
            ``(5) developing educational technology innovations
        including data analytic tools that help State educational
        agencies and local educational agencies with reporting required
        under Federal accountability mandates;
            ``(6) accelerating transformational technological advances
        in areas in which the private sector, by itself, is not likely
        to accelerate such advances because of difficulties in
        implementation or adoption, or technical and market
        uncertainty;
            ``(7) coordinating activities with nongovernmental entities
        to demonstrate technologies and research applications to
        facilitate technology transfer; and
            ``(8) encouraging educational research using new
        technologies and the data produced by the technologies.
    ``(c) Coordination.--
            ``(1) The Agency shall work closely and collaboratively
        between agencies in order to maximize the Federal effort and
        investment to the Project.
            ``(2) The Agency shall work with the National Science
        Foundation's Cyber Learning Program.
    ``(d) Authorities of Secretary.--The Secretary is authorized to--
            ``(1) appoint a Director, who shall be responsible for
        carrying out the purposes of ARPA-ED, as described in
        subsection (b), and such additional functions as the Secretary
        may prescribe;
            ``(2) establish processes for the development and execution
        of projects and the solicitation of entities to carry out the
        projects in a manner that is--
                    ``(A) tailored to the purposes of ARPA-ED and not
                constrained by other Department-wide administrative
                requirements that could detract from achieving program
                results; and
                    ``(B) designed to heighten transparency, and
                public- and private-sector involvement, to ensure that
                investments are made in the most promising areas;
            ``(3) award grants, contracts, cooperative agreements, and
        cash prizes, and enter into other transactions (in accordance
        with such regulations as the Secretary may establish regarding
        other transactions);
            ``(4) obtain independent, periodic, rigorous evaluations,
        as appropriate, of--
                    ``(A) the effectiveness of the processes ARPA-ED is
                using to achieve its purposes; and
                    ``(B) the effectiveness of individual projects
                assisted by ARPA-ED, using evidence standards developed
                in consultation with the Institute of Education
                Sciences, and the suitability of ongoing projects
                assisted by ARPA-ED for further investment or increased
                scale; and
            ``(5) disseminate, through the comprehensive centers
        established under section 203 of the Educational Technical
        Assistance Act of 2002 (20 U.S.C. 9602), the regional
        educational laboratories system established under section 174
        of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564),
        or such other means as the Secretary determines to be
        appropriate, information on effective practices and
        technologies developed with ARPA-ED support.
    ``(e) Evaluation Funds.--The Secretary may use funds made available
for ARPA-ED to pay the cost of the evaluations under subsection (c)(6).
    ``(f) Federal Advisory Committee Act.--Notwithstanding any other
provision of law, any advisory committee convened by the Secretary to
provide advice with respect to this section shall be exempt from the
requirements of the Federal Advisory Committee Act (5 U.S.C. App.) and
the definition of `employee' in section 2105 of title 5, United States
Code, shall not be considered to include any appointee to such a
committee.
    ``(g) Nonduplication.--To the maximum extent practicable, the
Secretary shall ensure that grants, contracts, cooperative agreements,
cash prizes, or other assistance or arrangements awarded or entered
into pursuant to this section that are designed to carry out the
purposes of ARPA-ED do not duplicate activities under programs carried
out under Federal law other than this section by the Department or
other Federal agencies.''.

SEC. 5. STATE NETWORKS AND CONSORTIA ON SCIENCE, TECHNOLOGY,
              ENGINEERING, AND MATHEMATICS EDUCATION.

    (a) In General.--From amounts made available to carry out this
section, the Secretary of Education shall make grants to eligible
networks to expand STEM education.
    (b) Eligible Network Defined.--In this section, the term ``eligible
network'' means a State-based STEM network or similar organization,
which--
            (1) may include the participation of State officials,
        educators, administrators, afterschool providers, out of school
        time educators, parents, industry leaders, philanthropists, and
        representatives from the STEM communities;
            (2) aims to increase student achievement and experiences in
        the STEM disciplines at the elementary schools and secondary
        schools in its State, and out of school programs and
        particularly for students with a high concentration of
        historically under represented students and at rural schools
        (within the meaning of part B of title VI of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 6201 et seq.)); and
            (3) aims to increase the number of quality afterschool
        programs offering STEM learning opportunities, particularly for
        students from populations traditionally under-represented in
        the STEM fields.
    (c) Eligible Network Application.--
            (1) In general.--An eligible network seeking a grant under
        this section shall submit an application at such time, in such
        manner, and containing such information as the Secretary may
        reasonably require.
            (2) Matching requirement.--In order to receive a grant
        under this section, an eligible network shall agree to provide,
        either directly or through private contributions, non-Federal
        matching funds equal to not less than 30 percent of the amount
        of the grant.
    (d) Uses of Funds.--Each eligible network receiving a grant under
this section shall use the funds to carry out one or more of the
following:
            (1) Testing, validating, sharing, and scaling up STEM
        education research, promising practices, and exemplary programs
        among members of the network and with other eligible networks
        receiving grants under this section.
            (2) Identifying points of weakness and strength among State
        STEM education efforts, prioritizing strategies for addressing
        problem areas, and communicating State needs to the Secretary.
            (3) Assisting in the implementation of rigorous career and
        college ready standards in STEM education for grades
        prekindergarten through grade 12 that reflect and take into
        consideration--
                    (A) career and college ready standards in STEM
                disciplines;
                    (B) established international standards and 21st
                century skills that include critical thinking, problem
                solving, communication, collaboration, creativity, and
                innovation;
                    (C) the needs of English language learners and
                special education students; and
                    (D) the need to increase STEM literacy of
                prekindergarten through grade 12 students.
            (4) Assisting the development of innovative STEM
        assessments that measure interest, engagement, and content
        proficiency.
            (5) Supporting the implementation of STEM assessments that
        measure career and college ready standards.
            (6) Promoting and developing rigorous undergraduate pre-
        service teacher programs in institutions of higher education
        that emphasize STEM content with emphasis on the elementary
        educator.
            (7) Promoting and developing curriculum tools and
        professional development for STEM educators both in school and
        out of school.
            (8) Developing STEM career pathways that reflect the
        projected STEM workforce needs of the 21st century that may
        include mentoring programs and STEM professional outreach.
            (9) Developing STEM-related education and workforce
        training programs in secondary schools and community colleges
        to reflect the needs of the local community.
            (10) Developing systems for the implementation of expanded
        learning opportunities on school sites to enhance STEM
        education inside and outside of the classroom.
            (11) Promoting, supporting, and designing programs that
        develop STEM content coaches and master educators in order to
        strengthen core competencies of the classroom practitioner.
    (e) Evaluation and Report.--Not later than 2 years after receiving
a grant under this section, each eligible network receiving such a
grant shall--
            (1) conduct periodic independent evaluations, by grant or
        by contract, of the eligible network's effectiveness at
        accomplishing the activities described in this section, which
        shall include an assessment of the impact of such activities on
        STEM teaching and learning; and
            (2) prepare and submit a report on the results of each
        evaluation described in paragraph (1) to the Secretary and make
        for dissemination to other STEM Networks.
    (f) Prohibitions.--In implementing this section, the Secretary may
not--
            (1) endorse, approve, or sanction any STEM curriculum
        designed for use in any elementary school, secondary school, or
        institution of higher education; or
            (2) engage in oversight, technical assistance, or
        activities that will require the adoption of a specific STEM
        program or instructional materials by a State, local
        educational agency, or school.
    (g) Total Amount of Grants.--The total amount of grants made under
this section in any fiscal year may not exceed $20,000,000.
    (h) Definitions.--In this section:
            (1) The terms ``elementary school'', ``local educational
        agency'', ``secondary school'', and ``State educational
        agency'' have the meanings given such terms in section 9101 of
        the Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801).
            (2) The term ``high concentration of low-income students''
        has the meaning given such term in section 1707 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        6537).
            (3) The term ``institution of higher education'' has the
        meaning given such term in section 101 of the Higher Education
        Act of 1965 (20 U.S.C. 1001).
            (4) The term ``Secretary'' means the Secretary of
        Education.
            (5) The term ``State'' means each of the several States of
        the United States, the District of Columbia, the Commonwealth
        of Puerto Rico, Guam, the Commonwealth of Northern Mariana
        Islands, American Samoa, and the United States Virgin Islands.
            (6) The term ``STEM'' means science, technology,
        engineering, and mathematics.
            (7) The term ``21st century readiness initiative'' means
        any initiative that--
                    (A) embeds core academic subjects with critical
                skills; and
                    (B) is focused on ensuring that students are
                prepared for postsecondary education and careers, upon
                graduation from secondary school.

Output: Stepping Up to STEM Act of 2013 - Amends the Department of Education Organization Act to establish the Office of Science, Technology, Engineering, and Mathematics (STEM) Education within the Department of Education to administer STEM education. Directs the Office of STEM Education to conduct an independent evaluation of the Department's STEM Education programs at least once every five years. Establishes an Advanced Research Projects Agency for Education (ARPA-ED) within the Department to pursue breakthrough research and development in educational technology and to facilitate the effective use of that technology to improve student achievement. Directs the Secretary of Education to award matching grants to state-based STEM networks or similar organizations of STEM stakeholders to increase students' achievement in the STEM disciplines in elementary and secondary schools and in out of school and afterschool programs. Includes among grant uses:  testing, sharing, and scaling up STEM education research, promising practices, and exemplary programs; identifying state STEM education weaknesses and prioritizing strategies to address them; implementing rigorous career and college ready standards in STEM education; developing and implementing innovative STEM assessments that measure student progress toward those career and college ready standards; promoting and developing pre- and in-service STEM teacher training; developing STEM career pathways and workforce education and training programs that reflect 21st century workforce needs; facilitating the implementation of expanded STEM learning opportunities on school sites; and promoting, supporting, and designing programs that develop STEM content coaches and master educators in order to strengthen core competencies of the classroom practitioner.   Requires grantees to conduct periodic independent evaluations of their effectiveness in accomplishing those activities. Prohibits the Secretary from: (1) endorsing or approving any STEM curriculum designed for use in an elementary school, secondary school, or institution of higher education; or (2) requiring a state, local educational agency, or school to adopt a specific STEM program or instructional materials.


Input:
.--
            (1) In general.--Section 233(e) of such Act (42 U.S.C.
        433(e)) is amended by striking paragraph (2) and inserting the
        following new paragraphs:
    ``(2)(A) Except as provided in paragraph (4) or (5), the agreement
transmitted to the Congress pursuant to paragraph (1) may enter into
force according to its terms or upon the expiration of the period of 60
calendar days following the date of its transmittal to each House of
the Congress (excluding Saturdays, Sundays, holidays, and days on which
either House of Congress is not in session), whichever is later.
    ``(B) Whenever a document setting forth an agreement entered into
under this section and the President's report in support of the
agreement is transmitted to the Congress pursuant to paragraph (1),
copies of such document shall be delivered to both Houses of Congress
on the same day and shall be delivered to the Clerk of the House of
Representatives if the House is not in session and to the Secretary of
the Senate if the Senate is not in session.
    ``(3)(A) Any document setting forth an agreement entered into under
this section and transmitted to each House of the Congress pursuant to
paragraph (1) shall set forth a determination of the Chief Actuary of
the Social Security Administration as to whether there is expected,
over the 75-year period following the date of the entry into force of
the agreement, a net reduction in any positive actuarial balance for
such period of the social security system established by this title (or
a net increase in any negative actuarial balance for such period for
such system) attributable to the operation of such agreement equal to
at least 0.005 percent of the present value of taxable payroll for such
period.
    ``(B) For purposes of this paragraph--
            ``(i) The term `actuarial balance' means, with respect to a
        period, the difference between the adjusted summarized income
        rate over such period and the adjusted summarized cost rate
        over such period.
            ``(ii) The term `taxable payroll' means, for a period, the
        total wages (as defined in section 209) to be paid, and self-
        employment income (as defined in section 211(b)) to be derived,
        during such period.
            ``(iii) The term `adjusted summarized income rate' means,
        over a period, the ratio (expressed as a percentage) of the sum
        of the trust fund balance at the beginning of the period plus
        the present value of the total income from taxes during such
        period, to the present value of the taxable payroll for such
        period.
            ``(iv) The term `adjusted summarized cost rate' means, over
        a period, the ratio (expressed as a percentage) of the sum of
        the present value of the cost during such period plus the
        present value of the targeted trust fund balance, to the
        present value of the taxable payroll for the years for such
        period.
            ``(v) The term `trust fund balance' means the combined
        balance of the Federal Old-Age and Survivors Insurance Trust
        Fund and the Federal Disability Insurance Trust Fund
        (hereinafter in this subparagraph referred to as the `Trust
        Funds').
            ``(vi) The term `income from taxes' means, during a period,
        the amounts deposited in the Trust Funds as appropriations
        during the period based on taxes under chapters 2 and 21 and
        section 86 of the Internal Revenue Code of 1986.
            ``(vii) The term `cost' means, during a period,
        disbursements from the Trust Funds during such period,
        including scheduled benefit payments, special monthly payments
        to certain uninsured persons who have 3 or more quarters of
        coverage (and whose payments are therefore not reimbursable
        from the general fund of the Treasury), administrative
        expenses, net transfers from the Trust Funds to the Railroad
        Retirement program under financial-interchange provisions, and
        payments for vocational rehabilitation services for disabled
        beneficiaries, and excluding special monthly payments to
        certain uninsured persons whose payments are reimbursable from
        the general fund of the Treasury, and transfers under the
        interfund borrowing provisions of section 201(l).
            ``(viii) The term `target trust fund balance' means the
        trust fund balance, as of the end of the 75-year period
        described in subparagraph (A), necessary to support an OASDI
        trust fund ratio (as defined in section 201(l)(3)(B)(iii)) of
        100 percent for the year following the last year of such
        period.
    ``(C) In making determinations under this paragraph, the Chief
Actuary shall employ the intermediate assumptions of the Board of
Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund in its most recent annual
report issued pursuant to section 201.
    ``(4) An agreement entered into under this section shall not enter
into force if there is enacted into law, during the period of 60
calendar days specified in paragraph (2)(A), a bill or joint resolution
disapproving such agreement.
    ``(5) In any case in which the determination of the Chief Actuary
described in subparagraph (A) of paragraph (3) in connection with an
agreement entered into under this section is that, with respect to the
75-year period described in such subparagraph, there is expected a net
reduction, in the actuarial balance for such period of the social
security system established by this title, which--
            ``(A) is attributable to the operation of such agreement,
        and
            ``(B) is equal to at least 0.005 percent of the present
        value of taxable payroll for such period,
such agreement shall not enter into force unless, during the period of
60 calendar days specified in paragraph (2)(A), there is enacted into
law a bill or joint resolution approving such agreement.
    ``(6)(A) The provisions of this paragraph are enacted by the
Congress--
            ``(i) as an exercise of the rulemaking power of the House
        of Representatives and the Senate, respectively, and as such
        they are deemed a part of the rules of each House,
        respectively, but applicable only with respect to the procedure
        to be followed in that House in the case of disapproval
        resolutions and approval resolutions, and they supersede other
        rules only to the extent that they are inconsistent therewith;
        and
            ``(ii) with full recognition of the constitutional right of
        either House to change the rules (so far as relating to the
        procedure of that House) at any time, in the same manner and to
        the same extent as in the case of any other rule of that House.
    ``(B) During the period of 60 calendar days specified in paragraph
(2)(A), it shall be in order as a matter of highest privilege in each
House of the Congress to consider a bill or joint resolution described
in paragraph (4) or (5) providing solely for the disapproval or
approval of an agreement entered into under this section, if offered by
the majority leader or minority leader of such House (or a designee).
    ``(C) For purposes of consideration of a bill or joint resolution
described in paragraph (4) or (5) providing solely for approval or
disapproval of an agreement under this section, the agreement shall not
be subject to amendment after the transmittal to each House of the
Congress pursuant to paragraph (1).''.
            (2) Effective date.--The amendment made by this subsection
        shall apply with respect to agreements, establishing
        totalization arrangements pursuant to section 233 of the Social
        Security Act, which are transmitted to the Congress on or after
        the date of the enactment of this Act.
            (3) Special rule.--Notwithstanding subsection (e) of
        section 233 of the Social Security Act (as in effect prior to
        the amendments made by this section), any agreement entered
        into pursuant to such section 233, establishing totalization
        arrangements between the social security system established by
        title II of such Act and the social security system of another
        country, which--
                    (A) was signed by the Commissioner of Social
                Security in June 2004, and
                    (B) was transmitted to the Congress pursuant to
                such subsection (e) on or after September 1, 2007, and
                before the date of the enactment of this Act,
        shall be deemed not to have entered into force as of the date
        of the enactment of this Act and shall be deemed to enter into
        force after such date only as provided in section 233(e) of
        such Act (as amended by this section) as if such agreement had
        been transmitted to the Congress on the date on which the
        President transmits to the Congress on or after such date,
        pursuant to section 233(e)(1) of such Act (as amended by this
        section), a report in support of such agreement meeting the
        requirements of such section 233(e)(1) (as so amended).
    (c) Biennial Reports to the Congress Regarding Ongoing Operation of
Totalization Agreements.--
            (1) In general.--Section 233 of such Act (42 U.S.C. 433) is
        amended by adding at the end the following new subsection:

                      ``Biennial Oversight Reports

    ``(f) The Commissioner of Social Security shall submit biennially
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a report evaluating the
operation, during the preceding 2-year period covered by the report, of
each agreement entered into pursuant to this section. Such report shall
include--
            ``(1) if the report is submitted during the 10-year period
        following the date on which the agreement enters into force,
        the change in benefit costs under the social security system
        established by this title which is attributable to the
        agreement, as estimated as of the date of the report, and the
        change in contributions under such system which is attributable
        to such agreement, as so estimated,
            ``(2) information relating to actual, or perceived
        potential, fraudulent receipt of benefits attributable to the
        operation of the agreement under the social security system
        established by this title,
            ``(3) information relating to perceived problems with the
        integrity of the other country's data and records used in
        determining eligibility for benefits or benefit amounts, and
            ``(4) if the report is submitted during the 10-year period
        following the date on which the agreement enters into force,
        information relating to demographic or other trends that may
        cause future deviations from the original estimates of costs to
        each social security system which are attributable to the
        agreement.''.
            (2) Initial report.--The Commissioner of Social Security
        shall submit the initial report pursuant to section 233(f) of
        the Social Security Act (added by this subsection) not later
        than December 31, 2008.

SEC. 203. SUSPENSION OF BENEFITS FOR INDIVIDUALS REMOVED FROM THE
              UNITED STATES.

    (a) In General.--Section 202(n)(1) of the Social Security Act (42
U.S.C. 402(n)(1)) is amended--
            (1) in subparagraph (A), by striking ``, on the basis of
        his wages and self-employment income,'';
            (2) in subparagraph (B), by striking ``and'' at the end;
            (3) in subparagraph (C), by striking the period and
        inserting ``, and''; and
            (4) by adding at the end the following new subparagraph:
            ``(D) no lump sum death payment shall be made to such
        individual after the Commissioner of Social Security is
        notified by the Attorney General or the Secretary of Homeland
        Security that such individual has been so removed.''.
    (b) Effective Date.--The amendments made by this section shall
apply to any individual with respect to whose removal from the United
States the Commissioner of Social Security receives notification from
the Attorney General or the Secretary of Homeland Security after the
twelfth month that begins after the date of the enactment of this Act.

Output:
New Employee Verification Act of 2008 - Amends the Immigration and Nationality Act (INA) to require employers to verify employee identification and employment eligibility under the Electronic Employment Verification System (EEVS) or the Secure Employment Eligibility Verification System (SEEVS) (as established by this Act).

Permits employers subject to employee verification requirements to do so under EEVS or SEEVS.

Sets forth provisions respecting: (1) voluntary and expedited participation; (2) employer penalties for failure to participate in EEVS or SEEVS; (3) employer and employee information and document requirements; (4) employer liability protection; (5) attestation; and (6) consequences of EEVS determinations.

States that nothing in this Act shall be construed to require a national identification card.

Repeals the employment eligibility pilot programs under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Amends title II (Old Age, Survivor's and Disability Insurance) of the Social Security Act (SSA) to direct the Commissioner of Social Security to establish EEVS utilizing information in the National Directory of New Hires.

States that EEVS shall have the capacity to determine whether: (1) employer-submitted information is consistent with information maintained by the Commissioner with respect to U.S. citizens and nationals and by the Secretary of Homeland Security with respect to aliens; and (2) the individual is a citizen or national or is not an unauthorized alien.

Sets forth provisions respecting: (1) submission for confirmation of an individual's identification and employment eligibility and related EEVs determinations; (2) administrative and judicial review of employment disapproval; (3) EEVS implementation; and (4) data use by EEVS.

Directs the Commissioner to establish SEEVS to provide, through government certified private entities, for verification of identity and employment eligibility respecting new employees

Permits an employer to opt out of SEEVS after one year's participation.

Sets forth provisions respecting: (1) certification of entities; (2) database management, including limitations on accessibility and the use and storage of biometric data; (3) employer responsibilities; (4) employee protections; and (5) information security and confidentiality, including penalties for violations.

Directs the Commissioner to establish the Employment Verification Advisory Council, which shall terminate five years after enactment of this Act.

Amends INA to: (1) apply certain antidiscrimination provisions to EEVS and SEEVS; (2) increase civil money penalties for unfair employment practice violations; (3) increase civil money penalties for certain hiring, recruiting, and referral violations (reduces certain penalties for small employers, exempts certain good faith, first-time violations, and provides a safe harbor for certain contractors); and (4) increase criminal penalties for pattern or practice violations.

Amends SSA to: (1) provide for disclosure to the Secretary of Homeland Security of certain National Directory of New Hires information about employees with the greatest number or percentage of mismatched social security information; (2) deny credit toward earnings benefits from unauthorized work; (3) revise totalization agreement provisions; and (4) prohibit survivor's lump sum death payments to individuals who have been removed from the United States under INA.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Health Quality Advisory
Commission Act of 2007''.

SEC. 2. RURAL HEALTH QUALITY ADVISORY COMMISSION AND DEMONSTRATION
              PROJECTS.

    (a) Rural Health Quality Advisory Commission.--
            (1) Establishment.--Not later than 6 months after the date
        of the enactment of this section, the Secretary of Health and
        Human Services (in this section referred to as the
        ``Secretary'') shall establish a commission to be known as the
        Rural Health Quality Advisory Commission (in this section
        referred to as the ``Commission'').
            (2) Duties of commission.--
                    (A) National plan.--The Commission shall develop,
                coordinate, and facilitate implementation of a national
                plan for rural health quality improvement. The national
                plan shall--
                            (i) identify objectives for rural health
                        quality improvement;
                            (ii) identify strategies to eliminate known
                        gaps in rural health system capacity and
                        improve rural health quality; and
                            (iii) provide for Federal programs to
                        identify opportunities for strengthening and
                        aligning policies and programs to improve rural
                        health quality.
                    (B) Demonstration projects.--The Commission shall
                design demonstration projects to test alternative
                models for rural health quality improvement, including
                with respect to both personal and population health.
                    (C) Monitoring.--The Commission shall monitor
                progress toward the objectives identified pursuant to
                paragraph (1)(A).
            (3) Membership.--
                    (A) Number.--The Commission shall be composed of 11
                members appointed by the Secretary.
                    (B) Selection.--The Secretary shall select the
                members of the Commission from among individuals with
                significant rural health care and health care quality
                expertise, including expertise in clinical health care,
                health care quality research, population or public
                health, or purchaser organizations.
            (4) Contracting authority.--Subject to the availability of
        funds, the Commission may enter into contracts and make other
        arrangements, as may be necessary to carry out the duties
        described in paragraph (2).
            (5) Staff.--Upon the request of the Commission, the
        Secretary may detail, on a reimbursable basis, any of the
        personnel of the Office of Rural Health Policy of the Health
        Resources and Services Administration, the Agency for Health
        Care Quality and Research, or the Centers for Medicare &
        Medicaid Services to the Commission to assist in carrying out
        this subsection.
            (6) Reports to congress.--Not later than 1 year after the
        establishment of the Commission, and annually thereafter, the
        Commission shall submit a report to the Congress on rural
        health quality. Each such report shall include the following:
                    (A) An inventory of relevant programs and
                recommendations for improved coordination and
                integration of policy and programs.
                    (B) An assessment of achievement of the objectives
                identified in the national plan developed under
                paragraph (2) and recommendations for realizing such
                objectives.
                    (C) Recommendations on Federal legislation,
                regulations, or administrative policies to enhance
                rural health quality and outcomes.
    (b) Rural Health Quality Demonstration Projects.--
            (1) In general.--Not later than 270 days after the date of
        the enactment of this section, the Secretary, in consultation
        with the Rural Health Quality Advisory Commission, the Office
        of Rural Health Policy of the Health Resources and Services
        Administration, the Agency for Healthcare Research and Quality,
        and the Centers for Medicare & Medicaid Services, shall make
        grants to eligible entities for 5 demonstration projects to
        implement and evaluate methods for improving the quality of
        health care in rural communities. Each such demonstration
        project shall include--
                    (A) alternative community models that--
                            (i) will achieve greater integration of
                        personal and population health services; and
                            (ii) address safety, effectiveness,
                        patient- or community-centeredness, timeliness,
                        efficiency, and equity (the six aims identified
                        by the Institute of Medicine of the National
                        Academies in its report entitled ``Crossing the
                        Quality Chasm: A New Health System for the 21st
                        Century'' released on March 1, 2001);
                    (B) innovative approaches to the financing and
                delivery of health services to achieve rural health
                quality goals; and
                    (C) development of quality improvement support
                structures to assist rural health systems and
                professionals (such as workforce support structures,
                quality monitoring and reporting, clinical care
                protocols, and information technology applications).
            (2) Eligible entities.--In this subsection, the term
        ``eligible entity'' means a consortium that--
                    (A) shall include--
                            (i) at least one health care provider or
                        health care delivery system located in a rural
                        area; and
                            (ii) at least one organization representing
                        multiple community stakeholders; and
                    (B) may include other partners such as rural
                research centers.
            (3) Consultation.--In developing the program for awarding
        grants under this subsection, the Secretary shall consult with
        the Administrator of the Agency for Healthcare Research and
        Quality, rural health care providers, rural health care
        researchers, and private and non-profit groups (including
        national associations) which are undertaking similar efforts.
            (4) Expedited waivers.--The Secretary shall expedite the
        processing of any waiver that--
                    (A) is authorized under title XVIII or XIX of the
                Social Security Act (42 U.S.C. 1395 et seq.); and
                    (B) is necessary to carry out a demonstration
                project under this subsection.
            (5) Demonstration project sites.--The Secretary shall
        ensure that the 5 demonstration projects funded under this
        subsection are conducted at a variety of sites representing the
        diversity of rural communities in the Nation.
            (6) Duration.--Each demonstration project under this
        subsection shall be for a period of 4 years.
            (7) Independent evaluation.--The Secretary shall enter into
        an arrangement with an entity that has experience working
        directly with rural health systems for the conduct of an
        independent evaluation of the program carried out under this
        subsection.
            (8) Report.--Not later than one year after the conclusion
        of all of the demonstration projects funded under this
        subsection, the Secretary shall submit a report to the Congress
        on the results of such projects. The report shall include--
                    (A) an evaluation of patient access to care,
                patient outcomes, and an analysis of the cost
                effectiveness of each such project; and
                    (B) recommendations on Federal legislation,
                regulations, or administrative policies to enhance
                rural health quality and outcomes.
    (c) Appropriation.--
            (1) In general.--Out of funds in the Treasury not otherwise
        appropriated, there are appropriated to the Secretary to carry
        out this section $30,000,000 for the period of fiscal years
        2008 through 2012.
            (2) Availability.--
                    (A) In general.--Funds appropriated under paragraph
                (1) shall remain available for expenditure through
                fiscal year 2012.
                    (B) Report.--For purposes of carrying out
                subsection (b)(8), funds appropriated under paragraph
                (1) shall remain available for expenditure through
                fiscal year 2013.
            (3) Reservation.--Of the amount appropriated under
        paragraph (1), the Secretary shall reserve--
                    (A) $5,000,000 to carry out subsection (a); and
                    (B) $25,000,000 to carry out subsection (b), of
                which--
                            (i) 2 percent shall be for the provision of
                        technical assistance to grant recipients; and
                            (ii) 5 percent shall be for independent
                        evaluation under subsection (b)(7).

Output:
Rural Health Quality Advisory Commission Act of 2007 - Directs the Secretary of Health and Human Services to establish the Rural Health Quality Advisory Commission to develop, coordinate, and facilitate implementation of a national plan for rural health quality improvements. Requires that such plan: (1) identify objectives for rural health quality improvement; (2) identify strategies to eliminate known gaps in rural health system capacity and improve rural health quality; and (3) provide for federal programs to identify opportunities for strengthening and aligning policies and programs to improve rural health quality.

Directs the Commission to: (1) design demonstration projects to test alternative models for rural health quality improvement, including with respect to both personal and population health; and (2) monitor progress towards identified objectives.

Requires the Secretary to make grants for demonstration projects to implement and evaluate methods for improving the quality of health care in rural communities that include: (1) alternative community models; (2) innovative approaches to the financing and delivery of health services; and (3) the development of quality improvement support structures to assist rural health systems and professionals. Directs the Secretary to: (1) expedite Medicaid and Medicare waivers as necessary to carry out such demonstration projects; and (2) provide for an independent evaluation of such projects.


Input:
SECTION 1. FINDINGS.

    The Congress finds as follows:
            (1) The over reliance of the United States on imported
        petroleum creates a major strategic vulnerability for the
        Nation, with nearly half of the energy supply of the United
        States dependent on foreign sources.
            (2) From the economically damaging Arab oil embargoes of
        1973-74 and 1979 to the recession precipitated by rising oil
        prices which began in 1999, to the stock market's instability
        in early 2005 due to the cost of imported oil at near record
        highs of $55 per barrel, the economic stability of the United
        States has too often been shaken by economic forces outside its
        borders.
            (3) Increasing fuel prices have been a particular hardship
        on small, independent businesses particularly truckers and
        farmers, who have no choice but to pay ever-increasing fuel
        bills while absorbing these higher costs in today's economic
        environment.
            (4) This Act would help shift America's dependence away
        from foreign petroleum as an energy source toward alternative,
        renewable, domestic agricultural sources. Its aim is to convert
        the current petroleum trade deficit to a trade balance by
        replacing foreign sources of supply with steady increases of
        biobased fuels through domestic production.
            (5) Today, there are nearly 140,000,000 cars and 85,000,000
        trucks on our highways. Of this amount, approximately 3,300,000
        cars and trucks already on our highways will run on 85 percent
        ethanol (E-85), and this number is increasing. For the 2005
        model year, there are 20 different models of vehicles capable
        of running on E-85. Yet given this market, the alternative fuel
        is used less than 1 percent of the time given that of the more
        than 187,000 retail locations selling motor fuel in the United
        States, only 400 stations across 38 States sell E-85.
            (6) Biodiesel production is also dramatically increasing,
        going from 5,000,000 gallons in 2001 to nearly 25,000,000
        gallons in 2003. Daimler-Chrysler has also announced its
        intentions to initially fuel the Diesel Jeep Liberty with a 5
        percent biodiesel blend, the first time a vehicle has been
        explicitly fueled with an alternative fuel as it rolls off the
        production line.
            (7) Currently the United States annually consumes about
        7,171,885,000 barrels of petroleum. (164,000,000,000 gallons of
        vehicle fuels and 5,600,00,000 gallons of heating oil.) In
        2002, 62 percent of these fuels were imported, part of a total
        $358,200,000,000 trade deficit with the rest of the world.
        Since 1983, the United States importation of petroleum and its
        derivatives has more than tripled, rising from 1,215,225,000
        barrels in 1983 to 4,476,501,000 barrels in 2003.
            (8) Further Strategic Petroleum Reserve policy should
        encourage domestic production to the greatest extent possible.
        Currently, the Strategic Petroleum Reserve holds 670,700,000
        barrels (out of a potential 727,000,000 barrels), sufficient to
        cushion the United States from wild price swings for a period
        of 53 days. None of the fuel in this Reserve is bio-based. In
        fact, 92.2 percent of the Strategic Petroleum Reserve has been
        purchased from foreign sources--41.9 percent from Mexico, 24
        percent from the United Kingdom, and over 20 percent from OPEC
        nations.
            (9) Strategic Petroleum Reserve policy also should
        encourage the development of alternatives to the Nation's
        reliance on petroleum such as biomass fuels.
            (10) As a first step in diversification, the Strategic
        Petroleum Reserve should exchange 2,100,000 barrels from our
        current reserves for 32,000,000 gallons of ethanol and
        biodiesel, which could comprise less than 2 percent of the
        United States market, but yield a doubling of ethanol products.
            (11) The benefits of biofuels are as follows:
                    (A) Energy security.--
                            (i) Biofuels hold potential to address our
                        dependence on foreign energy sources
                        immediately. With agricultural surpluses,
                        commodity prices have reached record lows;
                        concurrently world petroleum prices have
                        reached record highs and are expected to
                        continue rising as global petroleum reserves
                        are drawn down over the next 25 years. It also
                        is clear that economic conditions are favorable
                        to utilize domestic surpluses of biobased oils
                        to enhance the Nation's energy security.
                            (ii) In the short term, biofuels can supply
                        at least one-fifth of current United States
                        fuel demand using existing technologies and
                        capabilities. Additional plant research, newer
                        processing and distribution technologies, and
                        placing additional acres under cultivation can
                        yield even greater results.
                            (iii) Biofuels can be used with existing
                        petroleum infrastructure and conventional
                        equipment.
                    (B) Economic security.--
                            (i) Continued dependence upon imported
                        sources of oil means our Nation is
                        strategically vulnerable to disruptions in our
                        oil supply.
                            (ii) Renewable biofuels domestically
                        produced directly replace imported oil.
                            (iii) Increased use of renewable biofuels
                        would result in significant economic benefits
                        to rural and urban areas and also reduce the
                        trade deficit.
                            (iv) According to the Department of
                        Agriculture, a sustained annual market of
                        100,000,000 gallons of biodiesel alone would
                        result in $170,000,000 in increased income to
                        farmers.
                            (v) Farmer-owned biofuels production has
                        already resulted in improved income for
                        farmers, as evidenced by the experience with
                        State-supported rural development efforts in
                        Minnesota where prices to corn producers have
                        been increased by $1.00 per bushel. With the
                        Department of Agriculture having forecast
                        prices of $2.10 per bushel of corn for the
                        2004-2005 marketing year, the portion of the
                        corn crop that goes for ethanol has a farm
                        value of $2,100,000,000.
                    (C) Environmental security.--
                            (i) The use of grain-based ethanol reduces
                        greenhouse gas emissions from 35 to 46 percent
                        compared with conventional gasoline. Biomass
                        ethanol provides an even greater reduction.
                            (ii) The American Lung Association of
                        Metropolitan Chicago credits ethanol-blended
                        reformulated gasoline with reducing smog-
                        forming emissions by 25 percent since 1990.
                            (iii) Ethanol reduces tailpipe carbon
                        monoxide emissions by as much as 30 percent.
                            (iv) Ethanol reduces exhaust volatile
                        organic compounds emissions by 12 percent.
                            (v) Ethanol reduces toxic emissions by 30
                        percent.
                            (vi) Ethanol reduces particulate emissions,
                        especially fine-particulates that pose a health
                        threat to children, senior citizens, and those
                        with respiratory ailments.
                            (vii) Biodiesel contains no sulfur or
                        aromatics associated with air pollution.
                            (viii) The use of biodiesel provides a 78.5
                        percent reduction in CO<INF>2</INF> emissions
                        compared to petroleum diesel and when burned in
                        a conventional engine provides a substantial
                        reduction of unburned hydrocarbons, carbon
                        monoxide, and particulate matter.

SEC. 2. ETHANOL AND BIODIESEL FUEL REQUIREMENTS.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended as
follows:
            (1) By redesignating subsection (o) as subsection (q).
            (2) By inserting after subsection (n) the following:
    ``(o) Renewable Fuel Program--
            ``(1) Definitions.--In this section:
                    ``(A) Ethanol.--The term `ethanol' means ethanol
                derived from any lignocellulosic or hemicellulosic
                matter that is available on a renewable or recurring
                basis, including dedicated energy crops and trees, wood
                and wood residues, plants, grasses, agricultural
                residues, and fibers. The term includes ethanol derived
                from animal wastes, including poultry fats and poultry
                wastes, and other waste materials, or municipal solid
                waste.
                    ``(B) Biodiesel.--The term `biodiesel'has the same
                meaning as when used in section 312(f) of the Energy
                Policy Act of 1992 (42 U.S.C. 13220(f)).
            ``(2) Renewable fuel program.--Not later than 1 year after
        the enactment of this subsection, the Administrator shall
        promulgate regulations ensuring that, after December 31, 2010,
        all gasoline or diesel motor vehicle fuel sold or dispensed to
        consumers in the contiguous United States, on an annual average
        basis, contains not less than 10 percent ethanol, in the case
        of gasoline, and not less than 5 percent biodiesel, in the case
        of diesel fuel.''.

Output: Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations ensuring that after December 31, 2010, all gasoline or diesel motor vehicle fuel sold or dispensed in the contiguous United States contains not less than ten percent ethanol (in the case of gasoline) and not less than five percent biodiesel (in the case of diesel fuel).