Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom From Restraint Act of
1999''.

SEC. 2. INDIVIDUALS' RIGHT TO FREEDOM FROM RESTRAINT AND REPORTING OF
              SENTINEL EVENTS UNDER MEDICARE.

    (a) In General.--Part D of title XVIII of the Social Security Act
(42 U.S.C. 1395x et seq.) is amended by adding at the end the
following:

 ``individuals' freedom from restraint and reporting of sentinel events

    ``Sec. 1897. (a) Definitions.--In this section:
            ``(1) Provider of services.--The term `provider of
        services' has the meaning given that term in section 1861(u),
        except that for purposes of this section the term includes a
        psychiatric hospital but does not include a home health agency.
            ``(2) Sentinel event.--The term `sentinel event' means an
        unexpected occurrence involving an individual in the care of a
        provider of services for treatment for a psychiatric or
        psychological illness that results in death or serious physical
        or psychological injury that is unrelated to the natural course
        of the individual's illness or underlying condition.
    ``(b) Protection of Right To Be Free From Restraints.--A provider
of services eligible to be paid under this title for providing services
to an individual entitled to benefits under part A or enrolled under
part B (including an individual provided with a Medicare+Choice plan
offered by a Medicare+Choice organization under part C) shall--
            ``(1) protect and promote the right of each such individual
        to be free from physical or mental abuse, corporal punishment,
        involuntary seclusion, and any physical or chemical restraints
        imposed for purposes of discipline or convenience;
            ``(2) impose restraints--
                    ``(A) only to ensure the physical safety of the
                individual or other individuals in the care or custody
                of the provider; and
                    ``(B) only upon the written order of a physician
                that specifies the duration and circumstances under
                which the restraints are to be used (except in
                emergency circumstances specified by the Secretary
                until such an order could reasonably be obtained); and
            ``(2) submit the reports required under subsection (c).
    ``(c) Reports.--
            ``(1) Reports to agencies or entities with oversight
        authority.--
                    ``(A) In general.--A provider of services shall
                report each sentinel event that occurs to an individual
                while the individual is in the care or custody of the
                provider to--
                            ``(i) in the case of a provider of services
                        participating in the program established under
                        this title or the medicaid program under title
                        XIX as a result of accreditation by a national
                        accrediting body, the national accrediting body
                        for that provider; and
                            ``(ii) in the case of all other providers
                        of services, the Secretary or, upon agreement
                        between the Secretary and the relevant State,
                        the State agency designated by the Secretary.
                    ``(B) Investigation and further reporting of
                sentinel events.--Upon receipt of a report made
                pursuant to subparagraph (A), the agency or entity with
                oversight authority shall--
                            ``(i) ensure that the provider--
                                    ``(I) conducts an investigation of
                                the sentinel event reported;
                                    ``(II) determines the root cause or
                                causes of the sentinel event; and
                                    ``(III) establishes a time-limited
                                plan or strategy, that allows the
                                agency or entity with oversight
                                authority to review and approve the
                                analyses and any corrective actions
                                proposed or made by the provider of
                                services, to correct the problem or
                                problems that resulted in the sentinel
                                event, and to lead to risk reduction;
                                and
                            ``(ii) prepare and submit the reports
                        required under paragraph (2).
            ``(2) Reports to the secretary.--
                    ``(A) In general.--Subject to subparagraph (D), the
                agency or entity with oversight authority shall submit
                a report containing the information described in
                subparagraph (B) to the Secretary in such form and
                manner, and by such date, as the Secretary prescribes.
                    ``(B) Information to be reported.--
                            ``(i) In general.--The report submitted
                        under subparagraph (A) shall be submitted to
                        the Secretary at regular intervals, but not
                        less frequently than annually, and shall
                        include--
                                    ``(I) a description of the sentinel
                                events occurring during the period
                                covered by the report;
                                    ``(II) a description of any
                                corrective action taken by the
                                providers of services with respect to
                                the sentinel events or any other
                                measures necessary to prevent similar
                                sentinel events from occurring in the
                                future;
                                    ``(III) proposed systems changes
                                identified as a result of analysis of
                                events from multiple providers; and
                                    ``(IV) such additional information
                                as the Secretary determines to be
                                essential to ensure compliance with the
                                requirements of this section.
                            ``(ii) Information excluded.--The report
                        submitted under subparagraph (A) shall not
                        identify any individual provider of services,
                        practitioner, or individual.
                    ``(C) Additional reporting requirements when a
                provider has been identified as having a pattern of
                poor performance.--
                            ``(i) In general.--In addition to the
                        report required under subparagraph (A), the
                        agency or entity with oversight authority shall
                        report to the Secretary the name and address of
                        any provider of services with a pattern of poor
                        performance.
                            ``(ii) Determination of pattern.--The
                        agency or entity with oversight authority shall
                        determine if a pattern of poor performance
                        exists with respect to a provider of services
                        in accordance with the definition of pattern of
                        poor performance developed by the Secretary
                        under clause (iii).
                            ``(iii) Development of definition.--The
                        Secretary, in consultation with national
                        accrediting organizations and others, shall
                        develop a definition to identify a provider of
                        services with a pattern of poor performance.
                    ``(D) Authority to waive reporting requirement.--
                The Secretary may waive the requirement to submit a
                report required under this paragraph (but not a report
                regarding a sentinel event that resulted in death
                required under paragraph (3)) upon consideration of the
                severity of the sentinel event.
            ``(3) Additional reporting requirements for sentinel events
        resulting in death.--In addition to the report required under
        paragraph (1), a provider of services shall report any sentinel
        event resulting in death to--
                    ``(A) the Secretary or the Secretary's designee;
                    ``(B) the State Attorney General or, upon agreement
                with the State Attorney General, to the appropriate law
                enforcement agency;
                    ``(C) the State agency responsible for licensing
                the provider of services; and
                    ``(D) the State protection and advocacy system
                established pursuant to part C of title I of the
                Developmental Disabilities Assistance and Bill of
                Rights Act (42 U.S.C. 6041 et seq.) for the State in
                which the event occurred.
            ``(4) Responsibilities of the agency or entity with
        oversight authority.--Upon receipt of a report of a sentinel
        event that resulted in death, the agency or entity with
        oversight authority shall, in addition to the requirements of
        paragraph (2)--
                    ``(A) determine whether the death was related to
                the use of restraints or seclusion; and
                    ``(B) notify the Secretary of the determination.
            ``(5) Sanctions for failure to report.--
                    ``(A) In general.--The Secretary shall establish
                sanctions, including intermediate sanctions, as
                appropriate, for failure of a provider of services or
                an agency or entity with oversight authority to submit
                the reports and information required under this
                subsection.
                    ``(B) Removal of agency or entity with oversight
                authority.--The Secretary, after notice to an agency or
                entity with oversight authority of a provider of
                services, as determined in paragraph (1), and
                opportunity to comply, may remove the agency or entity
                of such authority if the agency or entity refuses to
                submit the reports and information required under this
                subsection.
            ``(6) Liability for reporting.--An individual, provider of
        services, agency, or entity shall be liable with respect to any
        information contained in a report required under this
        subsection if the individual, provider of services, agency, or
        entity had knowledge of the falsity of the information
        contained in the report at the time the report was submitted
        under this subsection. Nothing in the preceding sentence shall
        be construed as limiting the liability of an individual,
        provider of services, agency, or entity for damages relating to
        the occurrence of a sentinel event, including a sentinel event
        that results in death.
            ``(7) Nondisclosure of analysis.--Notwithstanding any other
        provision of law or regulation, the root cause analysis
        developed under this subsection shall be kept confidential and
        shall not be subject to disclosure or discovery in a civil
        action.
    ``(d) Establishment or Designation of Sentinel Events Database.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of this section, the Secretary shall establish or
        designate a database of information using the reports submitted
        under paragraphs (2) and (3) of subsection (c) (in this
        subsection referred to as the `Sentinel Events Database').
            ``(2) Contents.--
                    ``(A) In general.--Subject to subparagraph (B), the
                Sentinel Events Database shall include the following:
                            ``(i) The name and address of any provider
                        of services that is the subject of a report
                        submitted under subsection (c)(3), if the
                        agency or entity with oversight authority has
                        determined that the death was related to the
                        use of restraints or seclusion.
                            ``(ii) The information reported by the
                        agency or entity under subparagraphs (B) and
                        (C) of subsection (c)(2).
                    ``(B) Confidentiality.--The Secretary shall
                establish procedures to ensure that the privacy of
                individuals whose treatment is the subject of a report
                submitted under paragraph (2) or (3) of subsection (c)
                is protected.
            ``(3) Procedures for entry of information.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) prior to entry of information in the
                        Sentinel Events Database, disclose the
                        information to the provider of services that is
                        the subject of the information; and
                            ``(ii) establish procedures to--
                                    ``(I) resolve disputes regarding
                                the accuracy of the information; and
                                    ``(II) ensure the accuracy of the
                                information.
                    ``(B) No delay of sanctions.--Any sanction to be
                imposed by the Secretary against a provider of services
                or an agency or entity with oversight authority in
                relation to a sentinel event shall not be delayed as a
                result of a dispute regarding the accuracy of
                information to be entered into the database.
            ``(4) Access to the database.--
                    ``(A) Availability.--The Secretary shall establish
                procedures for making the information maintained in the
                Sentinel Events Database related to a sentinel event
                resulting in death, and any reports of sentinel
                injuries arising from those providers of services with
                a pattern of poor performance identified in accordance
                with subsection (c)(2)(C), available to Federal and
                State agencies, national accrediting bodies, health
                care researchers, and the public.
                    ``(B) Internet access.--In addition to any other
                procedures that the Secretary develops under
                subparagraph (A), the information in the Sentinel
                Events Database shall be accessible through the
                Internet.
                    ``(C) Fees for disclosure.--
                            ``(i) In general.--Subject to clause (ii),
                        the Secretary may establish or approve
                        reasonable fees for disclosing information
                        maintained in the Sentinel Events Database.
                            ``(ii) No fee for federal agencies.--No fee
                        shall be charged to a Federal agency for access
                        to the Sentinel Events Database.
                            ``(iii) Application of fees.--Fees
                        collected under this clause shall be applied by
                        the Secretary toward the cost of maintaining
                        the Sentinel Events Database.''.
    (b) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments
        made by this section take effect on the date of enactment of
        this Act.
            (2) Reporting requirements.--The reporting requirements
        under section 1897(c) of the Social Security Act, as added by
        subsection (a), shall apply to sentinel events occurring on and
        after the date of enactment of this Act.

SEC. 3. INDIVIDUALS' RIGHT TO FREEDOM FROM RESTRAINT AND REPORTING OF
              SENTINEL EVENTS UNDER MEDICAID.

    (a) State Plans for Medical Assistance.--Section 1902(a) of the
Social Security Act (42 U.S.C. 1396a(a)) is amended--
            (1) in paragraph (65), by striking the period and inserting
        ``; and''; and
            (2) by adding at the end the following:
            ``(66) provide that the State will ensure that any
        congregate care provider (as defined in section 1905(v)) that
        provides services to an individual for which medical assistance
        is available shall--
                    ``(A) protect and promote the right of each
                individual to be free from physical or mental abuse,
                corporal punishment, involuntary seclusion, and any
                physical or chemical restraints imposed for purposes of
                discipline or convenience;
                    ``(B) impose restraints only--
                            ``(i) to ensure the physical safety of the
                        individual or other individuals; and
                            ``(ii) upon the written order of a
                        physician that specifies the duration and
                        circumstances under which the restraints are to
                        be used (except in emergency circumstances
                        specified by the Secretary until such an order
                        could reasonably be obtained); and
                    ``(C) submit the reports required under subsection
                (c) of section 1897 (relating to sentinel events) in
                the same manner as a provider of services under that
                section is required to submit such reports.''.
    (b) Definition of Congregate Care Provider.--Section 1905 of the
Social Security Act (42 U.S.C. 1396d) is amended by adding at the end
the following:
    ``(v) The term `congregate care provider' means an entity that
provides hospital services, nursing facility services, services of
intermediate care facilities for the mentally retarded, hospice care,
residential treatment centers for children, services in an institution
for mental diseases, inpatient psychiatric hospital services for
individuals under age 21, or congregate care services under a waiver
authorized under section 1915(c).''.
    (c) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments
        made by this section take effect on the date of enactment of
        this Act.
            (2) Reporting requirements.--The reporting requirements
        under section 1902(a)(66)(C) of the Social Security Act (42
        U.S.C. 1396a(a)(66)(C)), as added by subsection (a), shall
        apply to sentinel events occurring on and after the date of
        enactment of this Act.

Output:
Allows the imposition of restraints: (1) only to ensure physical safety of the individual or others in the provider's care; and (2) only upon the written order of a physician specifying the duration and circumstances under which restraints are to be used (except in emergency circumstances specified by the Secretary of Health and Human Services until such an order could reasonably be obtained).  Requires the service provider to investigate the sentinel event reported and the appropriate agencies or entities to review and approve the provider's root cause analysis before reporting on the matter to the Secretary for use in the Sentinel Events Database.
Directs the Secretary to establish such Database for use on the Internet, with appropriate privacy safeguards for individuals whose treatment is the subject of a report under this Act.
Requires additional reporting in certain cases, including: (1) to the Secretary about a provider identified as having a pattern of poor performance; and (2) to the State Attorney General or the appropriate State law enforcement agency in sentinel events involving death.  Mandates sanctions for failure to report.  Bars disclosure or discovery of a root cause analysis in a civil action.


Input:
Described.--
            (1) In general.--For purposes of subsection (a)(1), a joint
        resolution is described in this paragraph if it is a joint
        resolution of the two Houses of Congress and the matter after
        the resolving clause of such a joint resolution is as follows:
        ``That the Congress authorizes and directs the United States
        Trade Representative to undertake negotiations to amend or
        modify the rules and procedures of the Understanding on Rules
        and Procedures Governing the Settlement of Disputes relating to
        XX with respect to the affirmative determination submitted to
        the Congress by the WTO Dispute Settlement Review Commission on
        XX,'' the first blank space being filled with the specific
        rules and procedures with respect to which Trade Representative
        is to undertake negotiations and the second blank space being
        filled with the date of the affirmative determination submitted
        to the Congress by the Commission pursuant to section 4(b)
        which has given rise to the joint resolution.
            (2) Withdrawal resolution.--For purposes of subsection
        (a)(2), a joint resolution is described in this paragraph if it
        is a joint resolution of the two Houses of Congress and the
        matter after the resolving clause of such joint resolution is
        as follows: ``That the Congress authorizes and directs the
        United States Trade Representative to undertake negotiations to
        amend or modify the rules and procedures of the Understanding
        on Rules and Procedures Governing the Settlement of Disputes
        relating to XX with respect to the affirmative report submitted
        to the Congress by the WTO Dispute Settlement Review Commission
        on XX and if such negotiations do not result in a solution that
        the Trade Representative, by XX, certifies to the Congress is
        satisfactory, the Congress withdraws its approval, provided
        under section 101(a) of the Uruguay Round Agreements Act, of
        the WTO Agreement as defined in section 2(9) of the Act'', the
        first blank space being filled with the specific rules and
        procedures with respect to which the Trade Representative is to
        undertake negotiations, the second blank space being filled
        with the date of the affirmative determination submitted to the
        Congress by the Commission pursuant to section 4(b) which has
        given rise to the joint resolution, and the third blank space
        being filled with the date the Congress withdraws its approval
        of the WTO Agreement.
    (c) Procedural Provisions.--
            (1) In general.--The requirements of this subsection are
        met if the joint resolution is enacted in accordance with this
        subsection, and--
                    (A) in the case of a joint resolution described in
                subsection (b)(1), the Congress adopts and transmits
                the joint resolution to the President before the end of
                the 90-day period (excluding any day described in
                section 154(b) of the Trade Act of 1974) beginning on
                the date on which the Congress receives an affirmative
                determination from the Commission described in section
                4(b), or
                    (B) in the case of a joint resolution described in
                subsection (b)(2), the Commission has made 3
                affirmative determinations described in section 4(b)
                during a 5-year period, and the Congress adopts and
transmits the joint resolution to the President before the end of the
90-day period (excluding any day described in section 154(b) of the
Trade Act of 1974) beginning on the date on which the Congress receives
the third such affirmative determination.
            (2) Presidential veto.--In any case in which the President
        vetoes the joint resolution, the requirements of this
        subsection are met if each House of Congress votes to override
        that veto on or before the later of the last day of the 90-day
        period referred to in subparagraph (A) or (B) of paragraph (1),
        whichever is applicable, or the last day of the 15-day period
        (excluding any day described in section 154(b) of the Trade Act
        of 1974) beginning on the date on which the Congress receives
        the veto message from the President.
            (3) Introduction.--
                    (A) Time.--A joint resolution to which this section
                applies may be introduced at any time on or after the
                date on which the Commission transmits to the Congress
                an affirmative determination described in section 4(b),
                and before the end of the 90-day period referred to in
                subparagraph (A) or (B) of paragraph (1), as the case
                may be.
                    (B) Any member may introduce.--A joint resolution
                described in subsection (b) may be introduced in either
                House of the Congress by any Member of such House.
            (4) Expedited procedures.--
                    (A) General rule.--Subject to the provisions of
                this subsection, the provisions of subsections (b),
                (d), (e), and (f) of section 152 of the Trade Act of
                1974 (19 U.S.C. 2192 (b), (d), (e), and (f)) apply to
                joint resolutions described in subsection (b) to the
                same extent as such provisions apply to resolutions
                under such section.
                    (B) Report of discharge of committee.--If the
                committee of either House to which a joint resolution
                has been referred has not reported it by the close of
                the 45th day after its introduction (excluding any day
                described in section 154(d) of the Trade Act of 1974),
                such committee shall be automatically discharged from
                further consideration of the joint resolution and it
                shall be placed on the appropriate calendar.
                    (C) Finance and ways and means committees.--It is
                not in order for--
                            (i) the Senate to consider any joint
                        resolution unless it has been reported by the
                        Committee on Finance or the committee has been
                        discharged under subparagraph (B); or
                            (ii) the House of Representatives to
                        consider any joint resolution unless it has
                        been reported by the Committee on Ways and
                        Means or the committee has been discharged
                        under subparagraph (B).
                    (D) Special rules for house.--A motion in the House
                of Representatives to proceed to the consideration of a
                joint resolution may only be made on the second
                legislative day after the calendar day on which the
                Member making the motion announces to the House his or
                her intention to do so.
            (5) Consideration of second resolution not in order.--It
        shall not be in order in either the House of Representatives or
        the Senate to consider a joint resolution (other than a joint
        resolution received from the other House), if that House has
        previously adopted a joint resolution under this section
        relating to the same matter.
    (d) Rules of House of Representatives and Senate.--This section is
enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of
        Representatives and the Senate, respectively, and as such is
        deemed a part of the rules of each House, respectively, and
        such procedures supersede other rules only to the extent that
        they are inconsistent with such other rules; and
            (2) with the full recognition of the constitutional right
        of either House to change the rules (so far as relating to the
        procedures of that House) at any time, in the same manner, and
        to the same extent as any other rule of that House.

SEC. 206. PARTICIPATION IN WTO PANEL PROCEEDINGS.

    (a) In General.--If the United States Trade Representative, in
proceedings before a dispute settlement panel or the Appellate Body of
the WTO, seeks--
            (1) to enforce United States rights under a multilateral
        trade agreement; or
            (2) to defend a challenged action or determination of the
        United States Government;
a private United States person that is supportive of the United States
Government's position before the panel or Appellate Body and that has a
direct economic interest in the panel's or Appellate Body's resolution
of the matters in dispute shall be permitted to participate in
consultations and panel proceedings. The Trade Representative shall
issue regulations, consistent with subsections (b) and (c), ensuring
full and effective participation by any such private person.
    (b) Access to Information.--The United States Trade Representative
shall make available to persons described in subsection (a) all
information presented to or otherwise obtained by the Trade
Representative in connection with a WTO dispute settlement proceeding.
The United States Trade Representative shall promulgate regulations
implementing a protective order system to protect information
designated by the submitting member as confidential.
    (c) Participation in Panel Process.--Upon request from a person
described in subsection (a), the United States Trade Representative
shall--
            (1) consult in advance with such person regarding the
        content of written submissions from the United States to the
        WTO panel concerned or to the other member countries involved;
            (2) include, where appropriate, such person or its
        appropriate representative as an advisory member of the
        delegation in sessions of the dispute settlement panel;
            (3) allow such special delegation member, where such member
        would bring special knowledge to the proceeding, to appear
        before the panel, directly or through counsel, under the
        supervision of responsibility United States Government
        officials; and
            (4) in proceedings involving confidential information,
        allow appearance of such person only through counsel as a
        member of the special delegation.

SEC. 207. DEFINITIONS.

    For purposes of this Act:
            (1) Appellate body.--The term ``Appellate Body'' means the
        Appellate Body established under article 17.1 of the Dispute
        Settlement Understanding.
            (2) Adverse to the united states.--The term ``adverse to
        the United States'' includes any report which holds any law,
        regulation, or application thereof by a government agency to be
        inconsistent with international obligations under a Uruguay
        Round Agreement (or a nullification or impairment thereof),
        whether or not there are other elements of the decision which
        favor arguments made by the United States.
            (3) Dispute settlement panel; panel.--The terms ``dispute
        settlement panel'' and ``panel'' mean a panel established
        pursuant to article 6 of the Dispute Settlement Understanding.
            (4) Dispute settlement body.--The term ``Dispute Settlement
        Body'' means the Dispute Settlement Body administering the
        rules and procedures set forth in the Dispute Settlement
        Understanding.
            (5) Dispute settlement understanding.--The term ``Dispute
        Settlement Understanding'' means the understanding on rules and
        procedures governing the settlement of disputes referred to in
        section 101(d)(16) of the Uruguay Round Agreements Act.
            (6) Uruguay round agreement.--The term ``Uruguay Round
        Agreement'' means any of the agreements described in section
        101(d) of the Uruguay Round Agreements Act.
            (7) World trade organization; wto.--The term ``World Trade
        Organization'' and ``WTO'' mean the organization established
        pursuant to the WTO Agreement.
            (8) WTO agreement.--The term ``WTO Agreement'' means the
        Agreement Establishing the World Trade Organization entered
        into on April 15, 1994.

Output:
TABLE OF CONTENTS:
     Title I:  NAFTA Renegotiation Act
     Title II:  WTO Dispute Settlement Review Commission Act
NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act -
Title I:  NAFTA Renegotiation Act
 - Requires the President to renegotiate the terms of the North American Free Trade Agreement (NAFTA) to correct trade deficits and currency distortions.  Requires reports to the Congress assessing the impact of NAFTA on U.S. jobs and the environment.  Requires the President to consult with the Congress with respect to the renegotiations.
Title II:  WTO Dispute Settlement Review Commission Act
 - Establishes the WTO Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) which are adverse to the United States and adopted by the Dispute Settlement Body; and (2) upon request of the U.S. Trade Representative (USTR), any other report of such bodies adopted by the Dispute Settlement Body.
Requires the USTR to undertake negotiations to amend the rules and procedures of the dispute settlement understanding upon enactment of a joint resolution mandating such negotiations.
Permits participation in WTO panel proceedings in support of the United States of a private U.S. person with a direct economic interest in the resolution of the matters in dispute.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preservation of Access to
Osteoporosis Testing for Medicare Beneficiaries Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since 1997, Congress has recognized the importance of
        osteoporosis prevention by standardizing coverage under the
        Medicare program for bone mass measurement.
            (2) Osteoporosis remains underdiagnosed and undertreated
        despite numerous Federal initiatives, including recommendations
        of the United States Preventive Services Task Force, the 2004
        United States Surgeon General's Report on Bone Health and
        Osteoporosis, and education, counseling, and referral for bone
        mass measurement during the Welcome to Medicare exam.
            (3) Even though osteoporosis is a highly manageable
        disease, many patients lack access to early diagnosis that can
        prevent debilitating fractures, morbidity, and loss of
        mobility.
            (4) Although Caucasians are most likely to sustain
        osteoporosis fractures, from 2005 to 2025 the cost of fractures
        among other populations is projected to increase by 175 percent
        for Latinos and Asian-Americans and 80 percent for African-
        Americans.
            (5) African-American women are more likely than Caucasian
        women to die following a hip fracture.
            (6) Osteoporosis is a critical women's health issue. Women
        account for 71 percent of fractures and 75 percent of
        osteoporosis-associated costs and the incidence of
        osteoporosis-related fractures is greater than the annual
        combined incidence, with respect to women, of heart attack,
        stroke, and breast cancer.
            (7) The World Health Organization, the Centers for Medicare
        & Medicaid Services, and other medical experts concur that the
        most widely accepted method of measuring bone mass to predict
        fracture risk is dual-energy x-ray absorptiometry (in this
        section referred to as ``DXA''). Vertebral fracture assessment
        (in this section referred to as ``VFA'') is another test used
        to identify patients at high risk for future fracture.
            (8) DXA is a cost-effective preventive test with proven
        results in real world settings. DXA testing increases the
        number of people diagnosed with osteoporosis and treated,
        dramatically reducing hip fractures and related costs.
            (9) DXA screening is associated with a significant (37
        percent) reduction in hip fracture rates.
            (10) Unlike other imaging procedures, DXA remains severely
        underutilized, with only one in four women enrolled in the
        Medicare program getting a DXA every two years.
            (11) Underutilization of bone mass measurement will strain
        the Medicare budget because--
                    (A) over half of all individuals in the United
                States who are age 50 or older have osteoporosis or low
                bone mass;
                    (B) more than 52.4 million people in the United
                States had osteoporosis or low bone mass in 2010, as
                compared to 44 million people in the United States in
                2002;
                    (C) osteoporosis fractures are projected to
                increase by almost 50 percent from 2005 to 2025 with
                over 3 million fractures expected to occur annually by
                2025;
                    (D) the population aged 65 and older represents 89
                percent of fracture costs; and
                    (E) the economic burden of osteoporosis fractures
                is projected to increase by nearly 50 percent from 2005
                to 2025, reaching 25.3 million in 2025.
            (12) Underutilization of bone mass measurement will also
        strain the Medicaid budget, which bears the cost of nursing
        home admissions for hip fractures for low-income Americans.
            (13) Reimbursement under the Medicare program for DXA
        provided in physician offices and other non-hospital settings
        was reduced by 50 percent and is scheduled to be reduced by a
        total of 62 percent by 2013. This drop represents one of the
        largest reimbursement reductions in the history of the Medicare
        program. Reimbursement for VFA will also be reduced by 30
        percent by 2013.
            (14) The reduction in reimbursement discourages physicians
        from continuing to provide access to DXA or VFA in their
        offices. DXA testing for older women declined in 2009 for the
        first time since Congress passed the Bone Mass Measurement Act
        in 1997. Since two-thirds of all DXA scans are performed in
        non-facility settings, such as physician offices, patient
        access to bone mass measurement will continue to be severely
        compromised when more physicians discontinue providing such
        tests in their offices, thereby exacerbating the current
        underutilization of the benefit.

SEC. 3. EXTENDING MINIMUM PAYMENT FOR BONE MASS MEASUREMENT.

    (a) In General.--Section 1848 of the Social Security Act (42 U.S.C.
1395w-4) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4)(B), by striking ``for 2010 and
                2011'' and inserting ``for each of 2010 through 2013'';
                and
                    (B) in paragraph (6)--
                            (i) in the matter preceding subparagraph
                        (A), by striking ``and 2011'' and inserting ``,
                        2011, 2012, and 2013''; and
                            (ii) in subparagraph (C), by striking ``and
                        2011'' and inserting ``, 2011, 2012, and
                        2013''; and
            (2) in subsection (c)(2)(B)(iv)(IV), by striking ``or
        2011'' and inserting ``, 2011, 2012, or 2013''.
    (b) Implementation.--Notwithstanding any other provision of law,
the Secretary may implement the amendments made by subsection (a) by
program instruction or otherwise.

Output: Preservation of Access to Osteoporosis Testing for Medicare Beneficiaries Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to extend through 2013 the minimum payment amount for dual-energy x-ray absorptiometry (DXA) services for bone mass measurement.


Input:
SECTION 1. FUEL ECONOMY TAX CREDIT.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25E the following new section:

``SEC. 25E. FUEL ECONOMY TAX CREDIT.

    ``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the product of--
            ``(1) $100, multiplied by
            ``(2) each mile per gallon (or portion thereof) for which
        the mile per gallon highway rating of a qualified vehicle
        placed in service by the taxpayer during the taxable year
        exceeds the CAFE standard applicable to such vehicle.
    ``(b) Limitations.--
            ``(1) Limitation based on fuel efficiency.--In the case of
        any vehicle for which the mile per gallon highway rating
        exceeds 50 miles per gallon, paragraph (2) shall be applied by
        treating the the mile per gallon highway rating of such vehicle
        as 50 miles per gallon.
            ``(2) Limitation based on adjusted gross income.--The
        amount of the credit allowed by subsection (a) (determined
        without regard to this subsection) shall be reduced (but not
        below zero) by 5 percent for each $1,000 (or fraction thereof)
        by which the taxpayer's adjusted gross income exceeds $150,000.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Highway rating of qualified vehicle.--The highway
        rating of a qualified vehicle shall be the rating determined by
        the Secretary of Transportation for such vehicle.
            ``(2) Qualified vehicle.--The term `qualified vehicle'
        means a motor vehicle which is a passenger automobile or a
        light truck--
                    ``(A) the original use of which commences with the
                taxpayer,
                    ``(B) which is acquired for use or lease by the
                taxpayer and not for resale, and
                    ``(C) which is made by a manufacturer.
            ``(3) CAFE standard.--The term `CAFE standard' means the
        average fuel economy level established under chapter 329 of
        title 49, United States Code.
            ``(4) Motor vehicle.--The term `motor vehicle' has the
        meaning given such term by section 30(c)(2).
            ``(5) Other terms.--The terms `passenger automobile',
        `light truck', and ``manufacturer'' have the meanings given
        such terms in regulations prescribed by the Administrator of
        the Environmental Protection Agency for purposes of the
        administration of title II of the Clean Air Act (42 U.S.C. 7521
        et seq.).
    ``(d) Special Rules.--
            ``(1) Reduction in basis.--For purposes of this subtitle,
        the basis of any property for which a credit is allowable under
        subsection (a) shall be reduced by the amount of such credit so
        allowed (determined without regard to subsection (g)).
            ``(2) No double benefit.--The amount of any deduction or
        other credit allowable under this chapter for the taxable year
        with respect to any vehicle shall be reduced by the amount of
        credit allowed under subsection (a) for such vehicle for the
        taxable year.
            ``(3) Property used outside united states, etc., not
        qualified.--No credit shall be allowable under subsection (a)
        with respect to any property referred to in section 50(b)(1) or
        with respect to the portion of the cost of any property taken
        into account under section 179.
            ``(4) Recapture.--The Secretary shall, by regulations,
        provide for recapturing the benefit of any credit allowable
        under subsection (a) with respect to any property which ceases
        to be property eligible for such credit (including recapture in
        the case of a lease period of less than the economic life of a
        vehicle).
            ``(5) Election to not take credit.--No credit shall be
        allowed under subsection (a) for any vehicle if the taxpayer
        elects to not have this section apply to such vehicle.''.
    (b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:

``Sec. 25E. Fuel economy tax credit.''.
    (c) Termination of Alternative Motor Vehicle Credit.--Subsection
(j) of section 30B of the Internal Revenue Code of 1986 is amended to
read as follows:
    ``(j) Termination.--This section shall not apply to any property
purchased after the date of the enactment of this subsection.''.
    (d) Effective Date.--The amendments made by this section shall
apply to vehicles placed in service after the date of the enactment of
this Act in taxable years ending after such date.

Output: Amends the Internal Revenue Code to allow an individual taxpayer who operates a passenger automobile or light truck a tax credit based upon the average fuel economy of such vehicle. Terminates the tax credit for alternative motor vehicles.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airline Consumer Protection Act of
2017''.

SEC. 2. INTERLINING.

    Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue a final rule requiring an air
carrier to seek, in the event of a delay exceeding 3 hours,
cancellation, or misconnection as a result of circumstances or an event
within an air carrier's control, as determined by the Secretary of
Transportation, alternative transportation for displaced passengers,
including aboard another air carrier capable of transporting the
passenger to his or her originally scheduled destination, and to
accept, for a reasonable fee, the passengers of another air carrier who
have been displaced by circumstances or an event within that air
carriers control, as determined by the Secretary of Transportation, or
if the passenger has been involuntarily denied boarding due to a lack
of available seats.

SEC. 3. GAO STUDY.

    Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report containing
a review of the following:
            (1) The commonalities and differences of computer network
        architecture used by air carriers operating under part 121 of
        title 14, Code of Federal Regulations.
            (2) Analysis of operationally critical functions, including
        consideration of passenger-facing functions such as reservation
        and notification systems, aircraft dispatch functions and how
        information regarding such functions and systems is transmitted
        to outstations, maintenance monitoring and planning systems,
        and crew scheduling systems.
            (3) The impact of consolidated systems and software that
        handle multiple critical functions.
            (4) The most common causes of airline computer network
        disruptions.
            (5) Industry best practices to prevent, and mitigate the
        impacts of, network disruptions.

SEC. 4. COMPUTER NETWORK RESILIENCY.

    (a) In General.--Any schedule change resulting from a computer
network disruption, security breach, or other inoperability, may be
considered an event within an air carrier's control as determined by
the Secretary of Transportation.
    (b) Computer Network Resiliency Working Group.--The Secretary of
Transportation shall work closely with the airline industry computer
network resiliency working group established under section 5 to improve
computer networks for air carriers.
    (c) Final Rule.--Not later than 1 year after the enactment of this
Act, the Secretary of Transportation shall publish a final rule that
requires an air carrier operating under part 121 of title 14, Code of
Federal Regulations, to submit to the Administrator of the Federal
Aviation Administration a plan detailing, at a minimum--
            (1) the maintenance of computer network systems used to
        perform functions critical to the normal operation of the
        carrier;
            (2) the carrier's plan for restoring full functionality of
        such systems in the event of a service disruption;
            (3) the carrier's backup systems; and
            (4) the level of service and amenities offered to
        passengers whose flights are delayed or cancelled as a result
        of a computer network disruption and how the air carrier will
        comply with the plan requirements of section 6.
    (d) Plan Details.--Not later than 1 year after the establishment of
the airline industry computer network resiliency working group under
section 5, the contingency plan referred to in subsection (c) shall be
submitted to the Administrator of the Federal Aviation Administration.
Notwithstanding section 552 of title 5, United States Code (commonly
known as the Freedom of Information Act), such plan may not disclose to
the public any plan specifics. The air carrier shall make available a
general outline of the plan to the public.

SEC. 5. AIRLINE INDUSTRY COMPUTER NETWORK RESILIENCY WORKING GROUP.

    (a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
the airline industry computer network resiliency working group
(referred to in this section as ``the working group'') to serve as
subject matter experts to the Secretary to foster collaboration and
facilitate improvements in the resilience of computer networks used by
air carriers in carrying out functions critical to the maintenance of
regularly scheduled air transportation service, and in the recovery of
operations in the event of network disruptions.
    (b) Objectives.--Objectives of the working group shall include
efforts--
            (1) to promote communication and coordination regarding
        computer network architecture across the airline industry;
            (2) to promote engagement between industry and government
        stakeholders regarding the development of guidelines and best
        practices;
            (3) to review past disruptions and lessons learned; and
            (4) to serve as the liaison between industry and government
        representatives on research and development and emerging
        technologies that enhance computer network resiliency.
    (c) Membership.--Membership on the working group shall include
representatives who have responsibility for computer networks and their
maintenance, including--
            (1) at a minimum, Government representatives of the Federal
        Aviation Administration and the Department of Homeland
        Security; and
            (2) voluntary participation of representatives from the
        airline industry and their contractors and suppliers.
    (d) Meetings.--The working group shall meet not less than twice
each year and may convene for additional meetings as needed. The group
shall meet for a period of not less than 2 years.
    (e) Report.--The working group shall submit a report to the
Secretary of Transportation that establishes voluntary guidelines for
the resiliency of airline computer networks that handle operationally
critical functions, best practices, and the conditions under which the
working group may need to periodically meet or reconvene.

SEC. 6. IMPROVED ACCOMMODATION OF DISPLACED PASSENGERS.

    Not later than 1 year after the enactment of this Act, the
Secretary of Transportation shall modify part 259 of title 14, Code of
Federal Regulations to include the following:
            (1) Adoption of plan.--Each covered carrier shall adopt a
        contingency plan for lengthy terminal delays for its scheduled
        flights at each large hub airport, medium hub airport, small
        hub airport and non-hub airport in the United States at which
        it operates or markets such air transportation service and
        shall adhere to its plan's terms.
            (2) Contents of plan.--Each contingency plan for any delay,
        cancellation, or misconnection, affecting a passenger who has
        been involuntarily denied boarding as a result of circumstances
        or an event within an air carrier's control, as determined by
        the Administration of the Federal Aviation Administration
        (except in the case in which the flight crew determines that a
        passenger poses a danger to the safety of the flight), shall
        include, at a minimum, the following:
                    (A) Essential needs.--An air carrier shall ensure
                that essential needs, including food, water, restroom
                facilities, and assistance in the case of a medical
                emergency are met. If the only available seating on the
                carrier's next flight to the passenger's destination is
                a higher class of service than purchased, the carrier
                shall transport the passenger on the flight at no
                additional cost.
                    (B) Meal voucher.--In the case of a delay exceeding
                4 hours, the air carrier shall provide a meal voucher
                or, if at the request of the passenger, cash equivalent
                to the value of a meal voucher. An air carrier shall
                not be liable to reimburse the passenger for expenses
                related to meals if the passenger did not accepted such
                compensation when offered.
                    (C) Lodging, transportation, and other vouchers.--
                            (i) In general.--In the case of a delay,
                        cancellation, or misconnection as a result of
                        circumstances or an event within an air
                        carrier's control, as determined by the
                        Secretary of Transportation, of which any
                        portion exceeding 2 hours occurs between the
                        period of time between 10 p.m. and 3 a.m.,
                        local time, of the following day, and with no
                        guarantee of reaccommodation aboard another
                        flight to the passenger's destination within
                        the following 2 hours after the initial 2-hour
                        delay, an air carrier shall provide the
                        passenger with lodging, transportation to and
                        from the airport to the place of lodging, and
                        meal expenses. At the request of the passenger,
                        the carrier shall alternatively compensate such
                        passenger with the cash equivalent to the value
                        of the lodging, meals, and transportation, or a
                        voucher of equivalent value for future travel
                        on the carrier.
                            (ii) Lodging unavailable.--If lodging is
                        unavailable, an carrier shall compensate a
                        passenger with the cash equivalent to the value
                        of the lodging, meals, and transportation, or,
                        at the request of the passenger, a voucher of
                        equivalent value for future travel on the
                        carrier.
                            (iii) Proximity to residence.--The
                        provisions of clauses (i) and (ii) shall not
                        apply to a passenger whose permanent residence
                        is 60 miles or less from the airport where such
                        delay, cancellation, or misconnection occurred.
                            (iv) Failure to accept initial
                        compensation.--An air carrier shall not be
                        liable to reimburse the passenger for expenses
                        related to meals if the passenger did not
                        accept such compensation when offered.

SEC. 7. AIRCRAFT FLIGHTS WITHOUT FUNCTIONING LAVATORIES.

    (a) Limitation on Certain Aircraft Flights.--Chapter 417 of title
49, United States Code is amended by adding the following:
``Sec. 41725. Limitation on aircraft flights without functioning
              lavatories
    ``Not later than 90 days after the enactment of this Act, the
Secretary of Transportation shall issue regulations to ensure that a
passenger who has purchased a ticket in scheduled passenger interstate
or intrastate air transportation or in an aircraft in nonscheduled
passenger interstate or intrastate air transportation, shall not pay
any associated fee to select an alternative flight if it is determined
before departure that the lavatory is not functioning.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end of the following:

``41725. Limitation on aircraft flights without functioning
                            lavatories''.

Output: Airline Consumer Protection Act of 2017 This bill directs the Department of Transportation (DOT) to issue a final rule to require an air carrier to:  seek, for a delay exceeding three hours, a cancellation, or a misconnection as a result of circumstances within the air carrier's control, alternative transportation for a displaced passenger; and accept, for a reasonable fee, a displaced passenger from another air carrier or a passenger involuntarily denied boarding due to a lack of available seats.  The Government Accountability Office shall submit a report that reviews airline computer network functions.    Any air carrier schedule change resulting from a computer network disruption, security breach, or other inoperability may be considered an event within a carrier's control. DOT shall:   publish a final rule to require an air carrier to submit to the Federal Aviation Administration a plan for restoring full functionality of its computer network systems in the event of a service disruption;  establish an airline industry computer network resiliency working group;  modify federal regulations to require each air carrier to adopt a contingency plan for any delay, cancellation, or misconnection affecting a passenger; and issue regulations to ensure that a ticketed passenger shall not pay a fee to select an alternative flight if the aircraft's lavatory is not functioning.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lorton Correctional Complex Closure
Act''.

SEC. 2. CLOSURE OF THE LORTON CORRECTIONAL COMPLEX.

    (a) In General.--Notwithstanding any other provision of law, not
later than 6 years after the date of the enactment of this Act, all
real property and improvements thereon comprising the Lorton
Correctional Complex as of the date of the enactment of this Act (other
than any such property retained by the District of Columbia under the
Implementation Plan described in section 4) shall be transferred to the
Administrator of General Services for disposal in accordance with the
Implementation Plan described in section 4.
    (b) Prohibiting Placement of Future District of Columbia Prison
Facilities in Virginia.--No prison, penitentiary, jail, correctional
institution, or related facility of the District of Columbia may be
established in the Commonwealth of Virginia after the date of the
enactment of this Act without the approval of the Governor of Virginia.

SEC. 3. INCARCERATION OF DISTRICT OF COLUMBIA FELONS.

    (a) Transfer to Federal Custody.--
            (1) In general.--Notwithstanding any other provision of
        law, any District of Columbia felon who is committed to the
        custody of the Attorney General for a term of imprisonment on
        or after the date of the enactment of this Act shall be
        incarcerated in a facility designated by the Director of the
        Bureau of Prisons, in accordance with such rules as the
        Attorney General may establish to assure that the treatment of
        District of Columbia felons is similar to the treatment of
        other individuals under the control of the Director of the
        Bureau of Prisons.
            (2) Transition rule.--In the case of an individual
        convicted of a felony in the Superior Court of the District of
        Columbia who is under the custody and control of the Director
        of the District of Columbia Department of Corrections as of the
        date of the enactment of this Act, the individual shall be
        transferred to the control of the Director of the Bureau of
        Prisons not later than 5 years after the date of the enactment
        of this Act.
            (3) Conforming amendment.--Section 4042 of title 18, United
        States Code, is amended--
                    (A) by striking ``and'' at the end of paragraph
                (4);
                    (B) by striking the period at the end of paragraph
                (5) and inserting ``; and''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(6) provide suitable quarters and provide for the
        safekeeping, care and subsistence and for the protection,
        instruction and discipline of all District of Columbia felons
        (as defined in section 3(b) of the Lorton Correctional Complex
        Closure Act) who are sentenced to death or committed to the
        custody of the Attorney General for a term of imprisonment.''.
    (b) District of Columbia Felon Defined.--The term ``District of
Columbia felon'' means an individual convicted in the Superior Court of
the District of Columbia of an offense punishable by death or
imprisonment for a term exceeding one year (without regard to the
sentence actually imposed), but does not include any individual
convicted in the Superior Court of the District of Columbia of a
misdemeanor offense, as a juvenile offender, or any person detained
pending trial in the Superior Court of the District of Columbia.

SEC. 4. IMPLEMENTATION PLAN.

    (a) Description of Plan.--In accordance with the process described
in subsection (b), not later than 18 months after the date of the
enactment of this Act, the Administrator of General Services shall
submit to Congress an Implementation Plan for the closure of the Lorton
Correctional Complex which shall identify actions with respect to each
of the following:
            (1) The future use of the land on which the Complex is
        located, including (if appropriate) plans for a regional park
        at the site.
            (2) The need to address the impact of such future uses on
        local and regional transportation resources.
            (3) If appropriate, the transfer of real property and
        improvements thereon to Federal agencies (including the Bureau
        of Prisons) for Federal use, the Government of the District of
        Columbia, or any other governmental entity.
            (4) If appropriate, the disposal of real property or
        improvements thereon.
            (5) Changes in law or regulation necessary to effect the
        purposes of this Act and the closure of the Lorton Correctional
        Complex.
            (6) Such other actions as considered appropriate by the
        Administrator to effectively implement this Act.
    (b) Process for Submission of Final Implementation Plan.--
            (1) Development and submission of initial proposal by
        commission.--Not later than 13 months after the date of the
        enactment of the Act, the Commission shall develop and submit
        to the Administrator a proposal for the Implementation Plan.
            (2) Review of commission proposal.--Not later than 4 months
        after receiving the proposal for the Implementation Plan from
        the Commission under paragraph (1), the Administrator shall
        submit a proposal for the Plan to the Commission for comment
        and review.
            (3) Comments of commission.--During the 1-month period
        beginning on the date the Administrator submits the proposed
        final Implementation Plan to the Commission under paragraph
        (2), the Commission and each of its members may submit comments
        on the Plan to the Administrator. Any comments made by the
        Commission or any individual commissioner shall be transmitted
        by the Administrator with the final Implementation Plan under
        paragraph (4).
            (4) Submission of final plan.--Not later than 18 months
        after the date of the enactment of this Act, the Administrator
        shall submit to Congress the final Implementation Plan for the
        closure of the Lorton Correctional Complex.
    (c) Automatic Implementation of Plan.--The Implementation Plan
submitted by the Administrator under subsection (b)(4) shall take
effect at the end of the 60-day period beginning on the day such plan
is transmitted to the Speaker of the House of Representatives and the
President of the Senate.

SEC. 5. COMMISSION ON CLOSURE OF LORTON CORRECTIONAL COMPLEX.

    (a) Establishment.--There is hereby established a commission to be
known as the Commission on Closure of the Lorton Correctional Complex.
    (b) Membership.--
            (1) Number and appointment.--The Commission shall be
        composed of 11 members appointed not later than 1 month after
        the date of the enactment of this Act as follows:
                    (A) The Fairfax County Board of Supervisors shall
                appoint 5 members, one of which shall be specially
                qualified by training and experience in matters
                relating to regional transportation problems and
                issues.
                    (B) The Prince William County Board of Supervisors
                shall appoint 3 members.
                    (C) The Mayor of the District of Columbia, with the
                advice and consent of the District of Columbia City
                Council, shall appoint 2 members.
                    (D) The Administrator shall serve as an ex officio
                member.
            (2) Continuation of membership.--
                    (A) General rule.--Except as provided in
                subparagraph (B), if a member was appointed to the
                Commission because the member was an officer or
                employee of any government or if a member is appointed
                to the Commission and later becomes an officer or
                employee of a government, the member may continue
                service on the Commission for not longer than the 30-
                day period beginning on the date the member ceases to
                be such an officer or employee or becomes such an
                officer or employee, as the case may be.
                    (B) Exception.--Service as a member of the
                Commission shall not be discontinued pursuant to
                subparagraph (A) in the case of a member who has served
                on the Commission for not less than 3 months.
            (3) Terms.--Each member of the Commission shall be
        appointed for the life of the Commission.
            (4) 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, except that a member may serve after the
expiration of that member's term until a successor has taken office. A
vacancy in the Commission shall be filled in the manner in which the
original appointment was made.
            (5) Compensation.--No member of the Commission may receive
        additional pay, allowances, or benefits by reason of service on
        the Commission.
            (6) Quorum.--6 members of the Commission shall constitute a
        quorum but a lesser number may hold hearings.
            (7) Chairperson; vice chairperson.--The Chairperson and
        Vice Chairperson of the Commission shall be elected by a
        majority of the members of the Commission.
    (c) Director and Staff; Experts and Consultants.--
            (1) Director.--The Commission shall, without regard to
        section 5311(b) of title 5, United States Code, have a Director
        who shall be appointed by the Commission and paid at the rate
        of basic pay payable for Level III of the Executive Schedule.
            (2) Appointment and pay of staff.--The Commission may
        appoint such personnel as it considers appropriate without
        regard to the provisions of title 5, United States Code,
        governing appointment to the competitive service. Such
        personnel shall be paid in accordance with the provisions of
        chapter 51 and subchapter III of chapter 53 of title 5, United
        States Code, relating to classification and General Schedule
        pay rates.
            (3) Experts and consultants.--The Commission may procure
        temporary and intermittent services under section 3109(b) of
        title 5, United States Code.
            (4) Staff of federal agencies.--Upon request of the
        Commission, the head of any Federal department or agency may
        detail, on a reimbursable basis, any of the personnel of that
        department or agency to the Commission to assist it in carrying
        out its duties.
    (d) Powers.--
            (1) Hearings and sessions.--
                    (A) In general.--The Commission may hold hearings,
                sit and act at times and places, take testimony, and
                receive evidence as the Commission considers
                appropriate to carry out its duties under this Act. The
Commission may administer oaths or affirmations to witnesses appearing
before it.
                    (B) Maximization of local involvement.--The
                Commission shall hold its hearings in a place and
                manner which maximizes local community involvement,
                input, and participation.
            (2) Powers of members and agents.--Any member or agent of
        the Commission may, if authorized by the Commission, take any
        action which the Commission is authorized to take by this
        section.
            (3) Information.--The Commission may secure directly from
        any department or agency of the United States any information
        necessary to enable it to carry out its duties under this Act.
        Upon request of the Chairperson or Vice Chairperson of the
        Commission, the head of that department or agency shall furnish
        that information to the Commission to the extent otherwise
        permitted by law.
            (4) Gifts and donations.--The Commission may accept, use,
        and dispose of gifts or donations of services or property.
            (5) Mails.--The Commission may use the United States mails
        in the same manner and under the same conditions as other
        departments and agencies of the United States.
            (6) Administrative support services.--The Administrator
        shall provide to the Commission, on a reimbursable basis, such
        administrative support services as the Commission may request.
    (e) Termination.--The Commission shall terminate 30 days after
submitting its final comments pursuant to section 4(b)(3).
    (f) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission for carrying out its duties under this
Act an amount not to exceed $200,000.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of General Services or the Administrator's
        designated representative.
            (2) Commission.--The term ``Commission'' means the
        Commission on Closure of the Lorton Correctional Complex
        established under section 5(a).
            (3) Lorton correctional complex.--The term ``Lorton
        Correctional Complex'' means any District of Columbia
        correctional, reformatory, or related facility which is located
        in the Commonwealth of Virginia and which is operated under the
        authority, control, supervision or management of the District
        of Columbia Department of Corrections, the Mayor of the
        District of Columbia, or any other agency or official of the
        District of Columbia.
            (4) Implementation plan.--The term ``Implementation Plan''
        means the Implementation Plan described in section 4.

Output:
Lorton Correctional Complex Closure Act - Transfers the Lorton Correctional Complex to the Administrator of General Services (within six years) for disposal in accordance with an implementation plan for the closure of the Complex.  Prohibits the establishment of any future District of Columbia (DC) prison facility in Virginia without the approval of the Governor of Virginia.
Directs that any DC felon (excluding any individual convicted of a misdemeanor, as a juvenile offender, or any person detained pending trial in DC Superior Court) who is committed to the custody of the Attorney General for a term of imprisonment on or after the enactment date of this Act be incarcerated in a facility designated by the Director of the Bureau of Prisons, in accordance with such rules as the Attorney General may establish to assure that the treatment of such felons is similar to that of others under the control of the Director. Sets forth transition provisions.
Requires the Administrator to submit to the Congress an implementation plan for the closure of the Complex which shall identify actions with respect to the future use of the land on which the Complex is located and other specified issues.
Establishes a Commission on Closure of the Lorton Correctional Complex.  Sets forth provisions regarding:  (1) a process for submission of the final implementation plan; (2) review of the Commission's proposal; (3) comments by the Commission and its members on the plan to the Administrator; (4) submission of a final plan; (5) automatic implementation of the plan; (6) membership, terms, vacancies, compensation, powers, and termination of the Commission; and (7) staff, experts, and consultants to the Commission.  Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Readiness through Early
Pell Act of 2016'' or the ``PREP Act of 2016''.

SEC. 2. FEDERAL PELL GRANTS FOR STUDENTS DUALLY OR CONCURRENTLY
              ENROLLED AT AN ELIGIBLE INSTITUTION THAT IS A PUBLIC
              INSTITUTION OF HIGHER EDUCATION AND A SECONDARY SCHOOL.

    (a) Amount and Determinations of Federal Pell Grants.--Section 401
of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended--
            (1) in subsection (a), by inserting ``or is dually or
        concurrently enrolled at an eligible institution that is a
        public institution of higher education and a secondary
        school,'' after ``undergraduate,''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``, or the
                period in which the student is dually or concurrently
                enrolled at an eligible institution that is a public
                institution of higher education and a secondary
                school,'' after ``at which the student is in
                attendance''; and
                    (B) in paragraph (4)--
                            (i) by amending subparagraph (A) to read as
                        follows:
            ``(A) is--
                    ``(i) carrying at least one-half the normal full-
                time work load for the course of study the student is
                pursuing, as determined by the institution of higher
                education; and
                    ``(ii) enrolled or accepted for enrollment in a
                postbaccalaureate program that does not lead to a
                graduate degree and courses required by a State in
                order for the student to receive a professional
                certification or licensing credential that is required
                for employment as a teacher in an elementary school or
                secondary school in that State; or'';
                            (ii) by amending subparagraph (B) to read
                        as follows:
            ``(B) demonstrates evidence of a credible disruption or
        redirection in course of study necessitating additional time to
        complete--
                    ``(i) a postsecondary degree; or
                    ``(ii) a recognized postsecondary credential, as
                the term is defined in section 3 of the Workforce
                Innovation and Opportunity Act (29 U.S.C. 3102),''; and
                            (iii) in the undesignated matter at the
                        end, by striking ``except that this paragraph''
                        and inserting ``except that subparagraph (A)''.
    (b) Student Eligibility.--Section 484 of the Higher Education Act
of 1965 (20 U.S.C. 1091) is amended--
            (1) in subsection (a)(1), by inserting ``, except as
        provided in subsection (d)(2)'' after ``secondary school''; and
            (2) in subsection (d)--
                    (A) by redesignating paragraph (2) as paragraph
                (3); and
                    (B) by inserting after paragraph (1) the following
                new paragraph:
            ``(2) Student eligibility for federal pell grants.--In
        order for a student who does not have a certificate of
        graduation from a school providing secondary education, or the
        recognized equivalent of such certificate, and who does not
        meet one of the requirements under paragraph (1), to be
        eligible for assistance under subpart 1 of part A of this
        title, the student shall be dually or concurrently enrolled at
        an eligible institution that is a public institution of higher
        education and a secondary school.''.

SEC. 3. NON-FEDERAL FUNDS FOR DUAL OR CONCURRENT ENROLLMENT PROGRAMS.

    (a) In General.--Subpart 2 of part F of title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.)
is amended by adding at the end the following new section:

``SEC. 8549D. NON-FEDERAL FUNDS FOR DUAL OR CONCURRENT ENROLLMENT
              PROGRAMS.

    ``As a condition of receiving funds under this Act, with respect to
a State educational agency or local educational agency offering a dual
or concurrent enrollment program in partnership with an institution of
higher education and in which a student is receiving a Federal Pell
Grant under subpart 1 of part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070a et seq.) to enroll in such institution as a
participant in such program, such agency may not reduce the funds that,
in the absence of such Federal Pell Grant, would otherwise be made
available from State or local sources for such program.''.
    (b) Technical Amendment.--The table of contents of the Elementary
and Secondary Education Act of 1965 is amended by inserting after the
item relating to section 8549C the following new item:

``Sec. 8549D. Non-Federal funds for dual or concurrent enrollment
                            programs.''.

SEC. 4. REGULATIONS.

    (a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Education shall prescribe
regulations requiring that a secondary school offering a dual or
concurrent enrollment program shall--
            (1) consult with teachers and school administrators,
        including secondary school career and guidance counseling
        staff, to ensure that the enrollment of a student in such
        program is a component of a personalized learning plan for the
        student that is based on the academic and career goals of the
        student;
            (2) provide information to teachers, school administrators,
        faculty and staff of the post-secondary institution, students,
        and the families of such students regarding the standards of
        the post-secondary institution and the effect that enrollment
        in such program will have on the eligibility of a student for
        Federal financial aid; and
            (3) submit an annual report to the Secretary that includes
        the following:
                    (A) The total number and percentage of students who
                enroll in and subsequently complete courses of study at
                a public institution of higher education through the
                dual or concurrent enrollment program.
                    (B) The number of postsecondary credits earned by
                students while enrolled in the dual or concurrent
                enrollment program that may be applied toward a
                postsecondary degree or a recognized postsecondary
                credential.
                    (C) The percentage of students who enroll in an
                institution of higher education after graduation from
                the secondary school.
                    (D) The percentage of students who concurrently
                earn a secondary school diploma and an associate
                degree.
                    (E) The percentage of students who concurrently
                earn a secondary school diploma and a recognized
                postsecondary credential.
    (b) Definitions.--In this section:
            (1) ESEA terms.--The terms ``dual or concurrent enrollment
        program'' and ``secondary school'' have the meanings given
        those terms, respectively, in section 8101 of the Elementary
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Institution of higher education.--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).
            (3) Recognized postsecondary credential.--The term
        ``recognized postsecondary credential'' has the meaning given
        such term in section 3 of the Workforce Innovation and
        Opportunity Act (29 U.S.C. 3102).

Output: Promoting Readiness through Early Pell Act of 2016 or the PREP Act of 2016 This bill amends the Higher Education Act of 1965 by allowing a Federal Pell Grant to be awarded to a student who is dually or concurrently enrolled at a public institution of higher education and a secondary school.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Economic Impact
Analysis Act of 2005''.

SEC. 2. AGENCY RESTRUCTURING OR TERMINATION OF USE OF FACILITY.

    (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
            (1) by redesignating section 37 as section 38; and
            (2) by inserting after section 36 the following:

``SEC. 37. AGENCY RESTRUCTURING OR TERMINATION OF USE OF FACILITY.

    ``(a) Definitions.--As used in this section, the following
definitions apply:
            ``(1) Agency.--The term `agency' has the meaning given the
        term in section 551(1) of title 5, United States Code.
            ``(2) Qualifying termination or restructuring.--The term
        `qualifying termination or restructuring' means any termination
        of the use of a facility or restructuring that will result in
        the net loss of at least 1,000 governmental and nongovernmental
        jobs in any State.
            ``(3) Restructuring.--The term `restructuring' means any
        action by an agency that both reduces and relocates functions
        and personnel, but does not include a reduction in personnel
        resulting from workload adjustments, reduced funding levels, or
        skill imbalances.
            ``(4) Small governmental jurisdiction.--The term `small
        governmental jurisdiction' has the meaning given the term in
        section 601(5) of title 5, United States Code.
            ``(5) State.--The term `State' means each of the several
        States of the United States, the District of Columbia, and the
        Commonwealth of Puerto Rico.
    ``(b) General Requirement.--
            ``(1) Agencies.--An agency may not make a qualified
        termination or restructuring until after complying with the
        requirements of subsections (c) through (e).
            ``(2) Other entities.--An entity that is statutorily
        authorized to recommend a qualified termination or
        restructuring may not finalize its recommendation until after
        complying with the requirements of subsections (c) through (e).
    ``(c) Economic Analysis.--
            ``(1) Economic analysis required.--
                    ``(A) Agencies.--Prior to making any qualifying
                termination or restructuring, an agency shall conduct a
                detailed analysis of the impact on small business
                concerns and small governmental jurisdictions of the
                proposed termination or restructuring.
                    ``(B) Other entities.--Prior to recommending a
                qualifying termination or restructuring, any entity
                statutorily authorized to make such recommendations
                shall conduct a detailed analysis of the impact on
                small business concerns and small governmental
                jurisdictions of the proposed termination or
                restructuring.
            ``(2) Scope of economic analysis.--The analysis required
        under paragraph (1) shall include--
                    ``(A) a description of the small business concerns
                and small governmental jurisdictions that will be
                affected by the proposed termination or restructuring
                and an estimate of the number of such small business
                concerns and small governmental jurisdictions;
                    ``(B) a description of the efforts by the agency or
                entity to minimize the significant adverse economic
                impact on small business concerns and small
                governmental jurisdictions of the proposed termination
                or restructuring; and
                    ``(C) a description of any alternative termination
                or restructuring that would reduce the overall impact
                of the proposed termination or restructuring on small
                business concerns, together with an explanation of the
                reasons for not proposing such alternative termination
                or restructuring.
            ``(3) Cost-benefit analysis of impact on certain states.--
                    ``(A) In general.--In conducting the analysis
                required under paragraph (1), the agency or entity
                shall also conduct, consistent with the principles
                stated in Office of Management and Budget Circular A-4
                (September 17, 2003), a quantitative cost-benefit
                analysis of the economic impact upon small business
                concerns and small governmental jurisdictions of the
                proposed termination or restructuring in any State
                where the agency or entity determines the economic
                impact of such termination or restructuring would
                exceed $100,000,000.
                    ``(B) Scope of cost-benefit analysis.--In
                conducting a cost-benefit analysis under subparagraph
                (A), the agency or entity shall--
                            ``(i) evaluate and compare the costs and
                        benefits to small business concerns and small
                        governmental jurisdictions of the proposed
                        termination or restructuring, quantifying and
                        expressing in monetized values to the maximum
                        extent possible such costs and benefits;
                            ``(ii) provide clearly stated alternatives
                        to the proposed termination or restructuring;
                        and
                            ``(iii) prepare a summary report of the
                        costs and benefits to small business concerns
                        and small governmental jurisdictions of the
                        termination or restructuring proposed under
                        each such set of alternate proposals.
                    ``(C) Transparency of cost-benefit analysis.--
                            ``(i) In general.--In conducting a cost-
                        benefit analysis under subparagraph (A) or
                        preparing a summary report under subparagraph
                        (B)(iii), the agency or entity shall take
                        measures to ensure the transparency of such
                        actions, including the bases for making
                        estimates and forming conclusions for purposes
                        of such analysis or report.
                            ``(ii) Required measures.--The measures an
                        agency or entity takes to ensure transparency
                        shall include--
                                    ``(I) incorporating an executive
                                summary;
                                    ``(II) detailing the assumptions
                                that were used in the analysis and the
                                discount rates applied to future costs
                                and benefits;
                                    ``(III) specifically referencing
                                all sources of data;
                                    ``(IV) providing appendices with
                                documentation of any models used; and
                                    ``(V) including the results of
                                formal sensitivity and other
                                uncertainty analyses.
    ``(d) Publication of Economic Analysis.--
            ``(1) Draft economic analysis.--Not later than 180 days
        before taking final action on a qualifying termination or
        restructuring, an agency or entity shall--
                    ``(A) publish a draft of its economic analysis
                under subsection (c) on its website; and
                    ``(B) provide notice of the draft economic analysis
                in the Federal Register with at least a 60-day period
                for public comment.
            ``(2) Final economic analysis.--After due consideration of
        any comments, the agency or entity shall publish--
                    ``(A) a final economic analysis on its web site;
                and
                    ``(B) a notice regarding the final economic
                analysis in the Federal Register.
    ``(e) GAO Review.--
            ``(1) In general.--After publishing the final economic
        analysis under subsection (d), an agency or entity shall submit
        its final economic analysis to the Comptroller General of the
        United States for review of the analysis.
            ``(2) Deadline.--Not later than 90 days after receiving a
        final economic analysis under paragraph (1), the Comptroller
        General of the United States shall complete an analysis of the
        submission and publish a report regarding the sufficiency of
        the analysis.
            ``(3) Revised economic analysis required upon determination
        of insufficient analysis.--If the Comptroller General of the
        United States determines that the final economic analysis is
        insufficient, the agency or entity shall repeat the procedures
        required under subsections (c) and (d) and paragraph (1).
    ``(f) Final Action.--An agency or entity may not take final action
on a qualifying termination or restructuring until after receiving a
satisfactory review from the Comptroller General of the United States
under subsection (e).
    ``(g) Judicial Review.--
            ``(1) In general.--Not later than 90 days after the notice
        regarding the final economic analysis is published in the
        Federal Register under subsection (d)(2)(B), any small business
        concern or small governmental jurisdiction adversely affected
        or aggrieved by the qualifying termination or restructuring may
        file a petition for judicial review of the qualifying
        termination or restructuring with the United States Court of
        Appeals for the circuit in which the small business concern or
        small governmental jurisdiction is located.
            ``(2) Expedited review.--The Court of Appeals shall provide
        for expedited review of a petition under paragraph (1).
            ``(3) Scope of review.--Any review under paragraph (1)
        shall be limited to determining whether--
                    ``(A) the qualifying termination or restructuring
                constitutes an agency action that is arbitrary,
                capricious, an abuse of discretion, or otherwise not in
                accordance with law; and
                    ``(B) the economic analysis under subsection (c)
                was insufficient.''.
    (b) Applicability.--The requirements of section 37 of the Small
Business Act, as added by subsection (a), shall apply to any qualifying
termination or restructuring (as that term is defined in subsection (a)
of such section) for which final action has not occurred as of the date
of the enactment of this Act.

Output:
Small Business Economic Impact Analysis Act of 2005 - Prohibits an agency from making a qualified termination or restructuring (a termination of the use of a facility or restructuring that will result in the net loss of at least 1,000 jobs in a state) unless it conducts a detailed analysis of the impact on small businesses and small governmental jurisdictions of the proposed termination or restructuring. Requires: (1) a related cost-benefit analysis; and (2) the agency to publish a draft of the analysis at least 180 days before undertaking the termination or restructuring.

Directs the: (1) agency to publish a final economic analysis; and (2) Comptroller General to review such final analysis. Prohibits an agency from taking final action on a termination or restructuring until its analysis receives a satisfactory review from the Comptroller General.

Authorizes judicial review for any small business or small governmental jurisdiction adversely affected or aggrieved by a qualifying termination or restructuring.