Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Information Classification Act of
1994''.

SEC. 2. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 401
et seq.) is amended by adding at the end the following new title:

              ``TITLE VIII--CLASSIFICATION OF INFORMATION

                       ``classification criteria

    ``Sec. 801. (a) Information may be classified under this title only
if the interest of the public in knowing such information is outweighed
by the damage to the national security of the United States which
demonstrably could be expected to result from the public release of
such information.
    ``(b) If there is reasonable doubt about the need to classify
information, it shall not be classified.
    ``(c) Information that may be considered for classification is
information that includes (but is not limited to) any of the following
concerns:
            ``(1) The ability of the United States military to defend
        the Nation from armed aggression, engage in armed conflict, or
        participate in peacekeeping or multinational operations abroad.
            ``(2) The vulnerability of United States Government
        personnel, facilities, weapons technology, or related systems
        to armed attack, loss or compromise, or measures that would
        weaken their effectiveness or counter their capabilities.
            ``(3) Diplomatic relations between the United States and
        another country or international organization of governments.
            ``(4) Intelligence sources and methods, including those
        related to covert actions and cryptologic activities.
            ``(5) The ability of the United States to apply critical
        research or technology to the national defense or foreign
        relations of the United States.
    ``(d) In no case shall information be classified in order to--
            ``(1) conceal violations of law, inefficiency, or
        administrative error;
            ``(2) prevent embarrassment to a person, organization, or
        agency;
            ``(3) restrain competition;
            ``(4) prevent or delay the release of information that does
        not require protection in the interests of national security;
            ``(5) control access to basic scientific research
        information not clearly related to the national security;
            ``(6) control information after it has been released to the
        public or a member thereof under proper authority; or
            ``(7) prevent the public release of a compilation of items
        of information which individually are not classified.

                        ``classification levels

    ``Sec. 802. (a) Information may be classified if at the time the
original classification decision is made either of the following is
identified or described:
            ``(1) Exceptionally grave damage to the national security
        of the United States which could demonstrably be expected to
        result from the public release of such information.
            ``(2) Serious damage to the national security of the United
        States which could demonstrably be expected to result from the
        public release of such information.
    ``(b) Information shall be classified under subsection (a)(2) if
there is a reasonable doubt about the appropriate level of
classification.
    ``(c)(1) Information obtained directly from a foreign government
may retain the classification assigned by that foreign government if
the foreign government is on the list published under section
805(b)(3).
    ``(2) Information obtained directly from a foreign government that
is not on the list published under section 805(b)(3) may only be
classified under this title.

                       ``classification authority

    ``Sec. 803. Original classification authority may only be exercised
by the President and such other officials as the President may
designate. The President shall publish annually in the Federal Register
the officials designated under this section to exercise original
classification authority.

                      ``duration of classification

    ``Sec. 804. (a) To the extent possible, the original classification
authority shall determine the date when or event upon which
declassification shall occur, based on the duration of the national
security sensitivity of the information. The date or event may not
exceed the periods specified in subsection (b), except as provided in
subsection (c).
    ``(b) Except as provided in subsection (c)--
            ``(1) information classified under section 802(a)(1) shall
        be marked for declassification not later than the end of the
        10-year period beginning on the date of the original
        classification decision; and
            ``(2) information classified under section 802(a)(2) shall
        be marked for declassification not later than the end of the 6-
        year period beginning on the date of the original
        classification decision.
    ``(c)(1) Not earlier than 180 days before the scheduled date of
declassification of information, the original classification authority
or successor may extend the period for which such information is to
remain classified. Any such extension shall be based on the continued
existence of the basis for the original classification, as specified in
the original classification determination.
    ``(2) The period of extension of the classification of information
under paragraph (1) may not exceed the original period for which such
information was classified.
    ``(3) Additional periods of extension of classification of
information under this subsection may be made in accordance with this
subsection.
    ``(d) Whenever information classified under this title is requested
for release under any other provision of law, the original
classification authority or successor shall review the basis for the
original classification decision and determine whether the information
can be declassified or whether the classification level can be reduced.
    ``(e)(1) Except as provided in paragraph (3), information
classified under Executive Order 12356, as in effect on the day before
the date of approval of the joint resolution under section 806, may
remain classified for the shorter of--
            ``(A) the original period specified in the original
        classification of the information, beginning on the date of
        such original classification, or
            ``(B) the 25-year period beginning on the date of the
        original classification of such information.
    ``(2) Upon the expiration of the period applicable under paragraph
(1) to information, the information shall be declassified unless the
period of classification is extended under subsection (c).
    ``(3) In the case that, with respect to information, both periods
specified under paragraph (1) either have expired or will expire within
180 days after the date of approval of the joint resolution under
section 806, the information shall be declassified on the date that is
180 days after such date unless the period of classification is
extended under subsection (c).

                ``information security oversight office

    ``Sec. 805. (a) There shall be the Information Security Oversight
Office, to be headed by a director appointed by the President.
    ``(b) The Office shall be responsible for the following:
            ``(1) All functions and responsibilities exercised by the
        Information Security Oversight Office as such functions and
        responsibilities existed on the day before the date of
        enactment of this title.
            ``(2)(A) A periodic review of the classification of
        information under this title, including--
                    ``(i) the appropriateness of the level of
                classification to the information classified; and
                    ``(ii) the basis for the classification decision
                with respect to the information.
            ``(B) Referring to the original classification authority or
        successor for reconsideration of questions concerning
        information raised pursuant to paragraph (2).
            ``(3) The annual determination of, and publication of a
        list of, foreign governments that have written procedures
        generally applicable to the classification of information that
        are available to the public.
    ``(c) This section shall take effect on the date of approval of the
joint resolution under section 806.

            ``congressional approval of implementing actions

    ``Sec. 806. (a) The President shall develop a proposal for
implementing this title and shall submit such proposal to the Congress
for approval in accordance with subsection (b).
    ``(b)(1) The proposal referred to in subsection (a) may not take
effect until after Congress approves the proposal by joint resolution
in accordance with this section.
    ``(2) Any such joint resolution shall be considered in the Senate
in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
    ``(3) For the purpose of expediting the consideration and enactment
of joint resolutions under this subsection, a motion to proceed to the
consideration of any such joint resolution after it has been reported
by the appropriate committee shall be treated as highly privileged in
the House of Representatives.

                             ``definitions

    ``Sec. 807. For the purposes of this title:
            ``(1) The term `information' means any knowledge that can
        be communicated or documentary material, regardless of its
        physical form or characteristics, that is owned by, produced by
        or for, or is under the control of the United States
        Government.
            ``(2) The term `original classification' means an initial
        determination that information requires, in the interest of
        national security, protection against public release.''.
    (b) Conforming Amendment.--The table of contents of the National
Security Act of 1947 is amended by adding at the end the following:

              ``TITLE VIII--CLASSIFICATION OF INFORMATION

        ``Sec. 801. Classification criteria.
        ``Sec. 802. Classification levels.
        ``Sec. 803. Classification authority.
        ``Sec. 804. Duration of classification.
        ``Sec. 805. Information Security Oversight Office.
        ``Sec. 806. Congressional approval of implementing actions.
        ``Sec. 807. Definitions.''.

Output:
Information Classification Act of 1994 - Amends the National Security Act of 1994 to add provisions relating to the classification and declassification of information.  Allows information to be classified under such Act only if the public interest in knowing such information is outweighed by national security damage which could be expected to result from the release of such information. Provides that if there is reasonable doubt about the need to classify information, it shall not be classified.  Specifies information that may be classified (military, diplomatic, or intelligence information, or research or technology critical to the national defense) and purposes for which information shall not be classified (to conceal violations of law, inefficiency, or error, prevent embarassment, restrain competition, or control access to information not clearly related to national security).  Provides:  (1) classification levels (exceptionally grave damage, serious damage); (2) classification authority only for the President and his designees; and (3) classification duration (ten years for the highest classification, six for the next level, with authorized extensions).  Establishes the Information Security Oversight Office. Requires such Office to periodically review the classification of information under such Act.
Directs the President to develop and submit to the Congress for approval a proposal for implementing this Act.  Requires congressional approval by joint resolution.


Input:
SECTION 1. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the
        Immigration and Nationality Act, the status of any alien
        described in paragraph (2) shall be adjusted by the Attorney
        General to that of an alien lawfully admitted for permanent
        residence, if the alien--
                    (A) applies for such adjustment before April 1,
                2005; and
                    (B) is otherwise eligible to receive an immigrant
                visa and is otherwise admissible to the United States
                for permanent residence, except in determining such
                admissibility the grounds for inadmissibility specified
                in paragraphs (4), (5), (6)(A), and (7)(A) of section
                212(a) of the Immigration and Nationality Act shall not
                apply.
            (2) Relationship of application to certain orders.--An
        alien present in the United States who has been ordered
        excluded, deported, removed, or ordered to depart voluntarily,
        from the United States under any provision of the Immigration
        and Nationality Act may, notwithstanding such order, apply for
        adjustment of status under paragraph (1). Such an alien may not
        be required, as a condition on submitting or granting such
        application, to file a motion to reopen, reconsider, or vacate
        such order. If the Attorney General grants the application, the
        Attorney General shall cancel the order. If the Attorney
        General renders a final administrative decision to deny the
        application, the order shall be effective and enforceable to
        the same extent as if the application had not been made.
    (b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who is a national
of Haiti--
            (1) who was physically present in the United States on
        December 1, 1995; and
            (2) has been physically present in the United States for at
        least 1 year and is physically present in the United States on
        the date the application for adjustment of status under this
        subsection is filed, except an alien shall not be considered to
        have failed to maintain continuous physical presence by reason
        of an absence, or absences, from the United States for any
        periods in the aggregate not exceeding 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Attorney General shall provide by
        regulation for an alien subject to a final order of
        deportation, removal, or exclusion to seek a stay of such order
        based on the filing of an application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any
        provision of the Immigration and Nationality Act, the Attorney
        General shall not order any alien to be removed from the United
        States, if the alien is in exclusion, deportation, or removal
        proceedings under any provision of such Act and raises as a
        defense to such an order the eligibility of the alien to apply
        for adjustment of status under subsection (a), except where the
        Attorney General has rendered a final administrative
        determination to deny the application.
            (3) Work authorization.--The Attorney General may authorize
        an alien who has applied for adjustment of status under
        subsection (a) to engage in employment in the United States
        during the pendency of such application and may provide the
        alien with an ``employment authorized'' endorsement or other
        appropriate document signifying authorization of employment,
        except that if such application is pending for a period
        exceeding 180 days, and has not been denied, the Attorney
        General shall authorize such employment.
    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--Notwithstanding section 245(c) of the
        Immigration and Nationality Act, the status of an alien shall
        be adjusted by the Attorney General to that of an alien
        lawfully admitted for permanent residence, if--
                    (A) the alien is the spouse, child, or unmarried
                son or daughter, of an alien whose status is adjusted
                to that of an alien lawfully admitted for permanent
                residence under subsection (a), except that in the case
                of such an unmarried son or daughter, the son or
                daughter shall be required to establish that they have
                been physically present in the United States for at
                least 1 year;
                    (B) the alien applies for such adjustment and is
                physically present in the United States on the date the
                application is filed; and
                    (C) the alien is otherwise eligible to receive an
                immigrant visa and is otherwise admissible to the
                United States for permanent residence, except in
                determining such admissibility the grounds for
                exclusion specified in paragraphs (4), (5), (6)(A), and
                (7)(A) of section 212(a) of the Immigration and
                Nationality Act shall not apply.
            (2) Proof of continuous presence.--For purposes of
        establishing the period of continuous physical presence
        referred to in paragraph (1)(B), an alien shall not be
        considered to have failed to maintain continuous physical
        presence by reason of an absence, or absences, from the United
        States for any periods in the aggregate not exceeding 180 days.
    (e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
            (1) applicants for adjustment of status under section 245
        of the Immigration and Nationality Act; or
            (2) aliens subject to removal proceedings under section 240
        of such Act.
    (f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this subsection is final and shall not be subject to review by any
court.
    (g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. Nothing contained in this
section shall be held to repeal, amend, alter, modify, effect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible.

Output: Provides for the adjustment to permanent resident status of certain Haitian nationals (and spouses and children).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cancer Drug Coverage Parity Act of
2011''.

SEC. 2. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS.

    (a) Employee Retirement Income Security Act of 1974 Amendments.--
(1) Subpart B of part 7 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 is amended by adding at the end
the following new section:

``SEC. 716. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS.

    ``(a) In General.--Subject to subsection (b), a group health plan,
and a health insurance issuer providing health insurance coverage in
connection with a group health plan, that provides benefits with
respect to intravenously administered or injected anticancer
medications shall provide for no less favorable coverage for
prescribed, orally administered anticancer medication that is used to
kill or slow the growth of cancerous cells and that has been approved
by the Food and Drug Administration.
    ``(b) Limitation.--Subsection (a) shall only apply to anticancer
medication that is prescribed based on a finding by the treating
physician that the medication--
            ``(1) is medically necessary for the purpose of killing or
        slowing the growth of cancerous cells in a manner that is in
        accordance with nationally accepted standards of medical
        practice;
            ``(2) is clinically appropriate in terms of type,
        frequency, extent site, and duration; and
            ``(3) is not primarily for the convenience of the patient,
        physician, or other health care provider.
    ``(c) Application of Cost-Sharing and Restrictions.--
            ``(1) In general.--The coverage of anticancer medication
        under subsection (a) may be subject to annual deductibles and
        coinsurance or copayments so long as such deductibles,
        coinsurance, and copayments do not exceed the deductibles,
        coinsurance, and copayments that are applicable to
        intravenously administered or injected anticancer medications
        under the plan or coverage for the same purpose.
            ``(2) Restriction.--A group health plan or health insurance
        issuer may not, in order to comply with the requirement of
        subsection (a)--
                    ``(A) impose an increase in out-of-pocket costs
                with respect to anticancer medications; or
                    ``(B) reclassify benefits with respect to
                anticancer medications.
    ``(d) Application of Notice, Prohibitions, Etc.--The provisions of
subsections (b), (c), (d), and (e)(2) of section 713 shall apply with
respect to the coverage required by subsection (a) in the same manner
as they apply with respect to the coverage required under such section,
except that January 1, 2012, shall be substituted for the date referred
to in subsection (b)(3) of such section.
    ``(e) Construction.--Nothing in this section shall be construed--
            ``(1) to require the use of orally administered anticancer
        medications as a replacement for other anticancer medications;
        or
            ``(2) to prohibit a group health plan or health insurance
        issuer from requiring prior authorization or imposing other
        appropriate utilization controls in approving coverage for any
        chemotherapy.''.
    (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by
striking ``section 711'' and inserting ``sections 711 and 716''.
    (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by
striking ``section 711'' and inserting ``sections 711 and 716''.
    (4) The table of contents in section 1 of such Act is amended by
inserting after the item relating to section 714 the following new
items:

``Sec. 715. Additional market reforms.
``Sec. 716. Parity in coverage for oral anticancer drugs.''.
    (b) Public Health Service Act Amendments.--(1) Title XXVII of the
Public Health Service Act is amended by inserting after section 2728
(42 U.S.C. 300gg-28), as redesignated by section 1001(2) of the Patient
Protection and Affordable Care Act (Public Law 111-148), the following
new section:

``SEC. 2729. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS.

    ``(a) In General.--Subject to subsection (b), a group health plan,
and a health insurance issuer offering group or individual health
insurance coverage, that provides benefits with respect to
intravenously administered or injected anticancer medications shall
provide for no less favorable coverage for prescribed, orally
administered anticancer medication that is used to kill or slow the
growth of cancerous cells and that has been approved by the Food and
Drug Administration.
    ``(b) Limitation.--Subsection (a) shall only apply to anticancer
medication that is prescribed based on a finding by the treating
physician that the medication--
            ``(1) is medically necessary for the purpose of killing or
        slowing the growth of cancerous cells in a manner that is in
        accordance with nationally accepted standards of medical
        practice;
            ``(2) is clinically appropriate in terms of type,
        frequency, extent site, and duration; and
            ``(3) is not primarily for the convenience of the patient,
        physician, or other health care provider.
    ``(c) Application of Cost-Sharing and Restrictions.--
            ``(1) In general.--The coverage of anticancer medication
        under subsection (a) may be subject to annual deductibles and
        coinsurance or copayments so long as such deductibles,
        coinsurance, and copayments do not exceed the deductibles,
        coinsurance, and copayments that are applicable to
        intravenously administered or injected anticancer medications
        under the plan or coverage for the same purpose.
            ``(2) Restriction.--A group health plan or health insurance
        issuer may not, in order to comply with the requirement of
        subsection (a)--
                    ``(A) impose an increase in out-of-pocket costs
                with respect to anticancer medications; or
                    ``(B) reclassify benefits with respect to
                anticancer medications.
    ``(d) Application of Notice, Prohibitions, Etc.--The provisions of
subsections (b), (c), (d), and (e)(2) of section 713 of the Employee
Retirement and Income Security Act of 1974 shall apply with respect to
the coverage required by subsection (a) in the same manner as they
apply with respect to the coverage required under such section, except
that January 1, 2012, shall be substituted for the date referred to in
subsection (b)(3) of such section.
    ``(e) Construction.--Nothing in this section shall be construed--
            ``(1) to require the use of orally administered anticancer
        medications as a replacement for other anticancer medications;
        or
            ``(2) to prohibit a group health plan or health insurance
        issuer from requiring prior authorization or imposing other
        appropriate utilization controls in approving coverage for any
        chemotherapy.''.
    (2) Section 2724(c) of such Act (42 U.S.C. 300gg-23(c)), as
redesignated by section 1001(4) and subsection (c)(14) of the section
1563 (relating to conforming amendments) of Public Law 111-148, is
amended by striking ``section 2704'' and inserting ``sections 2725 and
2729''.
    (3) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2729''.
    (4) For purposes of applying section 2729 of the Public Health
Service Act, as inserted by paragraph (1), to individual health
insurance coverage before 2014, the provisions of such section shall be
treated as also included under part B of title XXVII of the Public
Health Service Act.
    (c) Internal Revenue Code Amendments.--
            (1) In general.--Subchapter B of chapter 100 of the
        Internal Revenue Code of 1986, as amended by subsection (f) of
        the section 1563 (relating to conforming amendments) of Public
        Law 111-148, is amended by adding at the end the following new
        section:

``SEC. 9816. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS.

    ``(a) In General.--Subject to subsection (b), a group health plan
that provides benefits with respect to intravenously administered or
injected anticancer medications shall provide for no less favorable
coverage for prescribed, orally administered anticancer medication that
is used to kill or slow the growth of cancerous cells and that has been
approved by the Food and Drug Administration.
    ``(b) Limitation.--Subsection (a) shall only apply to anticancer
medication that is prescribed based on a finding by the treating
physician that the medication--
            ``(1) is medically necessary for the purpose of killing or
        slowing the growth of cancerous cells in a manner that is in
        accordance with nationally accepted standards of medical
        practice;
            ``(2) is clinically appropriate in terms of type,
        frequency, extent site, and duration; and
            ``(3) is not primarily for the convenience of the patient,
        physician, or other health care provider.
    ``(c) Application of Cost-Sharing and Restrictions.--
            ``(1) In general.--The coverage of anticancer medication
        under subsection (a) may be subject to annual deductibles and
        coinsurance or copayments so long as such deductibles,
        coinsurance, and copayments do not exceed the deductibles,
        coinsurance, and copayments that are applicable to
        intravenously administered or injected anticancer medications
        under the plan for the same purpose.
            ``(2) Restriction.--A group health plan may not, in order
        to comply with the requirement of subsection (a)--
                    ``(A) impose an increase in out-of-pocket costs
                with respect to anticancer medications; or
                    ``(B) reclassify benefits with respect to
                anticancer medications.
    ``(d) Application of Notice, Prohibitions, Etc.--The provisions of
subsections (b), (c), (d), and (e)(2) of section 713 of the Employee
Retirement and Income Security Act of 1974 shall apply with respect to
the coverage required by subsection (a) in the same manner as they
apply with respect to the coverage required under such section, except
that January 1, 2012, shall be substituted for the date referred to in
subsection (b)(3) of such section.
    ``(e) Construction.--Nothing in this section shall be construed--
            ``(1) to require the use of orally administered anticancer
        medications as a replacement for other anticancer medications;
        or
            ``(2) to prohibit a group health plan or health insurance
        issuer from requiring prior authorization or imposing other
        appropriate utilization controls in approving coverage for any
        chemotherapy.''.
            (2) Clerical amendment.--The table of sections for such
        subchapter is amended by adding at the end the following new
        items:

``Sec. 9815. Additional market reforms.
``Sec. 9816. Parity in coverage for oral anticancer drugs.''.
    (d) Clarifying Amendment Regarding Application to Grandfathered
Plans.--Section 1251(a)(4)(A) of the Patient Protection and Affordable
Care Act (Public Law 111-148; 42 U.S.C. 18011(a)(4)(A)), as added by
section 2301(a) of Public Law 111-152, is amended by adding at the end
the following new clause:
                            ``(v) Section 2729 (relating to standards
                        relating to benefits for minor child's
                        congenital or developmental deformity or
                        disorder), as added by section 2(b) of the
                        Cancer Drug Coverage Parity Act of 2011.''.
    (e) Effective Date.--The amendments made by this section shall
apply with respect to group health plans for plan years beginning on or
after January 1, 2012, and with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated in the
individual market on or after such date.
    (f) Study.--Not later than 2 years after the date of the enactment
of this Act--
            (1) the Medicare Payment Advisory Commission shall complete
        a study that assesses how closing the Medicare part D donut
        hole under the amendments made by section 3301 of the Patient
        Protection and Affordable Care Act (Public Law 111-148), as
        amended by section 1101 of the Health Care and Education
        Reconciliation Act of 2010 (Public Law 111-152), affects
        Medicare coverage for orally administered anticancer
        medications, with a particular focus on cost and accessibility;
        and
            (2) submit a report to Congress on the results of such
        study.

Output:
Cancer Drug Coverage Parity Act of 2011 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group or individual health plan providing benefits for intravenously administered or injected anticancer medications to provide no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration (FDA).

Applies such requirement to medication that is prescribed based on a finding by the treating physician that the medication is: (1) medically necessary for the purpose of killing or slowing the growth of cancerous cells in accordance with nationally accepted standards of medical practice; (2) clinically appropriate in terms of type, frequency, extent site, and duration; and (3) not primarily for the convenience of the patient, physician, or other health care provider.

Permits such coverage to be subject to the same cost-sharing applicable to intravenously administered or injected anticancer medications under the plan.

 Prohibits a health plan from imposing an increase in out-of-pocket costs, or reclassifying benefits, with respect to anticancer medications.

Requires a plan to provide notice to each participant and beneficiary regarding the coverage required under this Act.

Prohibits a health plan from taking specified actions to avoid the requirements of this Act.

Requires the Medicare Payment Advisory Commission to assess how closing the Medicare part D donut hole affects Medicare coverage for orally administered anticancer medications, with a particular focus on cost and accessibility.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Nurse Act of 2011''.

SEC. 2. NATIONAL NURSE FOR PUBLIC HEALTH.

    Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following:

``SEC. 1711. NATIONAL NURSE FOR PUBLIC HEALTH.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the Office
        of the Surgeon General a full-time position, to be filled by
        registered nurse to be known as the National Nurse for Public
        Health.
            ``(2) Procedure.--Except for the initial appointment of the
        National Nurse for Public Health under paragraph (3), the
        Secretary shall appoint the National Nurse for Public Health in
        accordance with Commissioned Corps Instruction CC23.4.6
        (relating to Chief Professional Officer Nominations), as in
        effect on February 13, 2008.
            ``(3) Initial appointment.--Not later than 30 days after
        the date of enactment of this section, the Secretary shall
        appoint the individual serving as the Chief Nurse Officer of
        the Public Health Service as of the date of the enactment of
        this section as the first National Nurse for Public Health.
    ``(b) Rank and Grade.--The National Nurse for Public Health shall
have the same rank and grade as the Deputy Surgeon General of the
Public Health Service.
    ``(c) Duties.--The National Nurse for Public Health shall carry out
the following:
            ``(1) Provide leadership and coordination of Public Health
        Service nursing professional affairs for the Office of the
        Surgeon General and other agencies of the Public Health
        Service, including providing representation for the Government
        of the United States at the Global Forum for Government Chief
        Nursing and Midwifery Officers and serving as a member of the
        Federal Nursing Service Council.
            ``(2) Represent the Surgeon General and the agencies of
        Public Health Service in communications with groups and
        societies concerned with nursing issues at the local, State,
        national, and international levels.
            ``(3) Provide guidance and advice to the Surgeon General
        and the Nurse Professional Advisory Committee on matters such
        as standards, recruitment, retention, readiness, and career
        development of nurses employed by and contracted with agencies
        of the Public Health Service.
            ``(4) Conduct media campaigns and make personal appearances
        for purposes of paragraphs (5) through (7).
            ``(5) Provide guidance and leadership for activities to
        promote the public health, including encouraging nurses and
        other health professionals to be volunteers and developing
        projects that educate the public about and engage the public in
        prevention practices to achieve better health.
            ``(6) Provide guidance and leadership to encourage nurses
        to engage in furthering their education in order to conduct
        nursing research, increase the awareness of evidence-based
        practice, and educate future nurses.
            ``(7) Provide guidance and leadership for activities that
        will increase public safety and emergency preparedness.
    ``(d) National Health Priorities--Healthy People 2020.--
            ``(1) In general.--The National Nurse for Public Health, in
        cooperation with the Surgeon General of the Public Health
        Service, heads of the agencies of the Public Health Service,
        States, and organizations that represent health professionals,
        shall participate in the identification of national health
        priorities.
            ``(2) Addressing national health priorities.--The National
        Nurse for Public Health, in addressing national health
        priorities, shall encourage volunteerism of nurses and other
        individuals, and strengthen the relationship between Government
        agencies and health-related national organizations.
            ``(3) Community-based projects.--
                    ``(A) Implementation.--In addressing national
                health priorities, the National Nurse for Public Health
                shall--
                            ``(i) provide guidance and coordination on
                        recommended activities to organizations;
                            ``(ii) acknowledge successful programs and
                        encourage their replication;
                            ``(iii) promote the dissemination of
                        evidence-based practice in educating the public
                        on health promotion and disease prevention
                        activities;
                            ``(iv) encourage practicing nurses and
                        other health professionals, including retired
                        health professionals and students enrolled in
                        health professional programs, to participate in
                        health promotion activities and replicate
                        successful health promotion activities; and
                            ``(v) monitor activities being conducted
                        through the collection and evaluation of data
                        to determine if national health priorities are
                        being addressed.
                    ``(B) Media campaigns.--The National Nurse for
                Public Health shall ensure that media campaigns
                conducted under subsection (c)(4) include media
                campaigns regarding the national health priorities.
                    ``(C) Evaluations.--The National Nurse for Public
                Health shall, directly or through awards of grants or
                contracts, evaluate the activities encouraged by the
                National Nurse for Public Health and conducted by
                community-based, nonprofit organizations to determine
                the extent to which such activities have succeeded in
                carrying out national health priorities.
                    ``(D) Dissemination of information.--The National
                Nurse for Public Health shall disseminate information
                to governmental agencies, schools, and community-based,
                nonprofit organizations interested in health promotion
                and improving public health through community action.
    ``(e) Authorization of Appropriations.--For carrying out this
section, there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2012 through 2016.''.

Output:
National Nurse Act of 2011 - Amends the Public Health Service Act to establish the position of National Nurse for Public Health within the Office of the Surgeon General. Includes among the duties of such position providing leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, conducting media campaigns, and providing guidance and leadership for activities that will increase public safety and emergency preparedness.

Requires the National Nurse for Public Health to: (1) participate in identification of national health priorities, (2) encourage volunteerism of nurses and strengthen the relationship between government agencies and health-related national organizations, and (3) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``White House Inspector General Act of
1996''.

SEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE
              PRESIDENT.

    (a) Establishment of Office.--Section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
            (1) in paragraph (1) by inserting ``the President (with
        respect only to the Executive Office of the President),'' after
        ``means''; and
            (2) in paragraph (2) by inserting ``the Executive Office of
        the President,'' after ``means''.
    (b) Appointment of Inspector General.--Not later than 120 days
after the effective date of this Act, the President shall nominate an
individual as the Inspector General of the Executive Office of the
President pursuant to the amendments made by subsection (a).

SEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE
              EXECUTIVE OFFICE OF THE PRESIDENT.

    The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) by redesignating the second section 8G (regarding a
        rule of construction) as section 8I; and
            (2) by inserting after the first section 8G (regarding
        requirements for Federal entities and designated Federal
        entities) the following:

``SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE
              EXECUTIVE OFFICE OF THE PRESIDENT.

    ``(a) Authority, Direction, and Control of President.--
Notwithstanding the last 2 sentences of section 3(a), the Inspector
General of the Executive Office of the President shall be under the
authority, direction, and control of the President with respect to
audits or investigations, or the issuance of subpoenas, which require
access to information concerning--
            ``(1) ongoing criminal investigations or proceedings;
            ``(2) undercover operations;
            ``(3) the identity of confidential sources, including
        protected witnesses;
            ``(4) deliberations and decisions on policy matters,
        including documented information used as a basis for making
        policy decisions;
            ``(5) intelligence or counterintelligence matters; or
            ``(6) other matters the disclosure of which would
        constitute a serious threat to the national security, or would
        cause significant impairment to the national interests
        (including interests in foreign trade negotiations), of the
        United States.
    ``(b) Prohibiting Activities of Inspector General.--With respect to
information described in subsection (a), the President may prohibit the
Inspector General of the Executive Office of the President from
carrying out or completing any audit or investigation, or issuing any
subpoena, after the Inspector General has decided to initiate, carry
out, or complete such audit or investigation or to issue such subpoena,
if the President determines that--
            ``(1) the disclosure of that information would interfere
        with the core functions of the constitutional responsibilities
        of the President; and
            ``(2) the prohibition is necessary to prevent the
        disclosure of that information.
    ``(c) Notice.--
            ``(1) Notice to inspector general.--If the President makes
        a determination referred to in subsection (b)(1) or (2), the
        President shall within 30 days notify the Inspector General in
        writing stating the reasons for that determination.
            ``(2) Notice to congress.--Within 30 days after receiving a
        notice under paragraph (1), the Inspector General shall
        transmit a copy of the notice to each of the Chairman and the
        ranking minority party member of the Committee on Government
        Reform and Oversight of the House of Representatives, the
        Committee on Governmental Affairs of the Senate, and other
        appropriate committees or subcommittees of the Congress.
    ``(d) Semiannual Reports.--
            ``(1) Information to be included.--The Inspector General of
        the Executive Office of the President shall include in each
        semiannual report to the President under section 5, at a
        minimum--
                    ``(A) a list of the title or subject of each
                inspection, investigation, or audit conducted during
                the reporting period;
                    ``(B) a statement of whether corrective action has
                been completed on each significant recommendation
                described in previous semiannual reports, and, in a
                case where corrective action has been completed, a
                description of such corrective action;
                    ``(C) a certification that the Inspector General
                has had full and direct access to all information
                relevant to the performance of functions of the
                Inspector General;
                    ``(D) a description of all cases occurring during
                the reporting period in which the Inspector General
                could not obtain documentary evidence relevant to any
                inspection, audit, or investigation due to a
                determination of the President under subsection (b);
                and
                    ``(E) such recommendations as the Inspector General
                considers appropriate concerning legislation to promote
                economy and efficiency in the administration of
                programs and operations undertaken by the Executive
                Office of the President, and to detect and eliminate
                fraud, waste, and abuse in such programs and
                operations.
            ``(2) Transmission to congress.--Within 30 days after
        receiving a semiannual report under section 5 from the
        Inspector General of the Executive Office of the President, the
        President shall transmit the report to each of the Chairman and
        the ranking minority party member of the Committee on
        Government Reform and Oversight of the House of Representatives
        and the Committee on Governmental Affairs of the Senate with
        any comments the President considers appropriate.''.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect on January 21, 1997.

Output: White House Inspector General Act of 1996 - Amends the Inspector General Act of 1978 to:  (1) establish an Office of Inspector General (IG) in the Executive Office of the President; (2) require the IG to serve under the President's authority, direction, and control with respect to matters concerning ongoing criminal investigations, policy making, and national security (unless the President notifies the IG that disclosure of pertinent information would interfere with the core functions of the President's constitutional responsibilities); and (3) require the IG to comply with the same semiannual reporting requirements that all other IGs are subject to and, at a minimum, supply additional specified information as well.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare, Medicaid, and MCH Tobacco
Cessation Promotion Act of 2004''.

SEC. 2. MEDICARE COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE.

    (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
            (1) in subparagraph (Y), by striking ``and'' at the end;
            (2) in subparagraph (Z), by inserting ``and'' at the end;
        and
            (3) by adding at the end the following new subparagraph:
            ``(AA) counseling for cessation of tobacco use (as defined
        in subsection (bbb));''.
    (b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the following new
subsection:

               ``Counseling for Cessation of Tobacco Use

    ``(bbb)(1)(A) Subject to subparagraph (B), the term `counseling for
cessation of tobacco use' means diagnostic, therapy, and counseling
services for cessation of tobacco use for individuals who use tobacco
products or who are being treated for tobacco use which are furnished--
            ``(i) by or under the supervision of a physician;
            ``(ii) by a practitioner described in clause (i), (iii),
        (iv), (v) or (vi) of section 1842(b)(18)(C); or
            ``(iii) by a licensed tobacco cessation counselor (as
        defined in paragraph (2)).
    ``(B) Such term is limited to--
            ``(i) services recommended in `Treating Tobacco Use and
        Dependence: A Clinical Practice Guideline', published by the
        Public Health Service in June 2000, or any subsequent
        modification of such Guideline; and
            ``(ii) such other services that the Secretary recognizes to
        be effective.
    ``(2) In this subsection, the term `licensed tobacco cessation
counselor' means a tobacco cessation counselor who--
            ``(A) is licensed as such by the State (or in a State which
        does not license tobacco cessation counselors as such, is
        legally authorized to perform the services of a tobacco
        cessation counselor in the jurisdiction in which the counselor
        performs such services); and
            ``(B) meets uniform minimum standards relating to basic
        knowledge, qualification training, continuing education, and
        documentation that are established by the Secretary for
        purposes of this subsection.''.
    (c) Payment and Elimination of Cost-Sharing for Counseling for
Cessation of Tobacco Use.--
            (1) Payment and elimination of coinsurance.--Section
        1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1))
        is amended--
                    (A) by striking ``and'' before ``(V)''; and
                    (B) by inserting before the semicolon at the end
                the following: ``, and (W) with respect to counseling
                for cessation of tobacco use (as defined in section
                1861(ww)), the amount paid shall be 100 percent of the
                lesser of the actual charge for the service or the
                amount determined by a fee schedule established by the
                Secretary for purposes of this subparagraph''.
            (2) Elimination of coinsurance in outpatient hospital
        settings.--
                    (A) Exclusion from opd fee schedule.--Section
                1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C.
                1395l(t)(1)(B)(iv)) is amended by striking ``and
                diagnostic mammography'' and inserting ``, diagnostic
                mammography, or counseling for cessation of tobacco use
                (as defined in section 1861(bbb))''.
                    (B) Conforming amendments.--Section 1833(a)(2) of
                the Social Security Act (42 U.S.C. 1395l(a)(2)) is
                amended--
                            (i) in subparagraph (F), by striking
                        ``and'' after the semicolon at the end;
                            (ii) in subparagraph (G)(ii), by striking
                        the comma at the end and inserting ``; and'';
                        and
                            (iii) by inserting after subparagraph
                        (G)(ii) the following new subparagraph:
                    ``(H) with respect to counseling for cessation of
                tobacco use (as defined in section 1861(bbb)) furnished
                by an outpatient department of a hospital, the amount
                determined under paragraph (1)(W),''.
            (3) Elimination of deductible.--The first sentence of
        section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b))
        is amended--
                    (A) by striking ``and'' before ``(6)''; and
                    (B) by inserting before the period the following:
                ``, and (7) such deductible shall not apply with
                respect to counseling for cessation of tobacco use (as
                defined in section 1861(bbb))''.
    (d) Application of Limits on Billing.--Section 1842(b)(18)(C) of
the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by
adding at the end the following new clause:
            ``(vii) A licensed tobacco cessation counselor (as defined
        in section 1861(bbb)(2)).''.
    (e) Inclusion as Part of Initial Preventive Physical Examination.--
Section 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2))
is amended by adding at the end the following new subparagraph:
            ``(L) Counseling for cessation of tobacco use (as defined
        in subsection (bbb)).''.
    (f) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 1 year after
the date of enactment of this Act.

SEC. 3. MEDICARE COVERAGE OF TOBACCO CESSATION PHARMACOTHERAPY.

    (a) Inclusion of Tobacco Cessation Agents as Covered Drugs.--
Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-
102(e)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' after the
        semicolon at the end;
            (2) in subparagraph (B), by striking the comma at the end
        and inserting ``; or''; and
            (3) by inserting after subparagraph (B) the following new
        subparagraph:
                    ``(C) any agent approved by the Food and Drug
                Administration for purposes of promoting, and when used
                to promote, tobacco cessation that may be dispensed
                without a prescription (commonly referred to as an
                `over-the-counter' drug), but only if such an agent is
                prescribed by a physician (or other person authorized
                to prescribe under State law),''.
    (b) Establishment of Categories and Classes Consisting of Tobacco
Cessation Agents.--Section 1860D-4(b)(3)(C) of the Social Security Act
(42 U.S.C. 1395w-104(b)(3)(C)) is amended by adding at the end the
following new clause:
                            ``(iv) Categories and classes of tobacco
                        cessation agents.--There shall be a therapeutic
                        category or class of covered part D drugs
                        consisting of agents approved by the Food and
                        Drug Administration for cessation of tobacco
                        use. Such category or class shall include
                        tobacco cessation agents described in
                        subparagraphs (A) and (C) of section 1860D-
                        2(e)(1).''.
    (c) Conforming Amendment.--Section 1860D-2(e)(2)(A) of the Social
Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by striking ``,
other than subparagraph (E) of such section (relating to smoking
cessation agents),''.

SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM.

    (a) Coverage of Tobacco Cessation Counseling Services.--
            (1) In general.--Section 1905(a) of the Social Security Act
        (42 U.S.C. 1396d(a)) is amended--
                    (A) in paragraph (26), by striking ``and'' after
                the semicolon at the end;
                    (B) by redesignating paragraph (27) as paragraph
                (28); and
                    (C) by inserting after paragraph (26) the following
                new paragraph:
            ``(27) at the option of the State, counseling for cessation
        of tobacco use (as defined in section 1861(bbb)); and''.
            (2) Conforming amendment.--Section 1902(a)(10)(C)(iv) of
        the Social Security Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is
        amended by inserting ``or (27)'' after ``(24)''.
    (b) Elimination of Optional Exclusion From Medicaid Prescription
Drug Coverage for Tobacco Cessation Medications.--Section 1927(d)(2) of
the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended--
            (1) by striking subparagraph (E);
            (2) by redesignating subparagraphs (F) through (J) as
        subparagraphs (E) through (I), respectively; and
            (3) in subparagraph (F) (as redesignated by paragraph (2)),
        by inserting before the period at the end the following: ``,
        other than agents approved by the Food and Drug Administration
        for purposes of promoting, and when used to promote, tobacco
        cessation''.
    (c) Removal of Cost-Sharing for Tobacco Cessation Counseling
Services and Medications.--Subsections (a)(2) and (b)(2) of section
1916 of the Social Security Act (42 U.S.C. 1396o) are each amended--
            (1) in subparagraph (D), by striking ``or'' after the comma
        at the end;
            (2) in subparagraph (E), by striking ``; and'' and
        inserting ``, or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F)(i) counseling for cessation of tobacco use
                described in section 1905(a)(27); or
                    ``(ii) covered outpatient drugs (as defined in
                paragraph (2) of section 1927(k), and including
                nonprescription drugs described in paragraph (4) of
                such section) that are prescribed for purposes of
                promoting, and when used to promote, tobacco cessation;
                and''.
    (d) Increased FMAP for Tobacco Cessation Counseling Services and
Medications.--The first sentence of section 1905(b) of the Social
Security Act (42 U.S.C. 1396d(b)) is amended--
            (1) by striking ``and'' before ``(4)''; and
            (2) by inserting before the period the following: ``, and
        (5) for purposes of this title, the Federal medical assistance
        percentage shall be 80 percent with respect to amounts expended
        as medical assistance for counseling for cessation of tobacco
        use described in subsection (a)(27) and for covered outpatient
        drugs (as defined in paragraph (2) of section 1927(k), and
        including nonprescription drugs described in paragraph (4) of
        such section) that are prescribed for purposes of promoting,
        and when used to promote, tobacco cessation''.
    (e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 1 year after
the date of enactment of this Act.

SEC. 5. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD
              HEALTH SERVICES BLOCK GRANT PROGRAM.

    (a) Quality Maternal and Child Health Services Includes Tobacco
Cessation Counseling and Medications.--Section 501 of the Social
Security Act (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
    ``(c) For purposes of this title, quality maternal and child health
services include the following:
            ``(1) Counseling for cessation of tobacco use (as defined
        in section 1861(bbb)).
            ``(2) The encouragement of the prescribing and use of
        agents approved by the Food and Drug Administration for
        purposes of tobacco cessation.
            ``(3) The inclusion of messages that discourage tobacco use
        in health promotion counseling.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of enactment of
this Act.

Output:
Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of: (1) counseling for cessation of tobacco use; and (2) tobacco cessation pharmacotherapy.

Provides for similar benefits under SSA titles V (Maternal and Child Health Services) and XIX (Medicaid).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Competitive and Open Markets That
Protect and Enhance the Treatment of Entrepreneurs Act of 2007'' or the
``Compete Act of 2007''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the terms ``audit'', ``Board'',
``Commission'', ``issuer'', and ``public accounting firm'' have the
same meanings as in section 2 of the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7201).

SEC. 3. INTERNAL CONTROL REPORTING AND EVALUATION.

    Section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7262(b)) is amended to read as follows:
    ``(b) Internal Control Reporting and Evaluation.--
            ``(1) Auditor attestation and report.--
                    ``(A) In general.--With respect to the internal
                control assessment required by subsection (a), each
                registered public accounting firm that prepares or
                issues the audit report for the issuer shall, at the
                interval determined under paragraph (2), attest to, and
                report on, the assessment made by the management of the
                issuer.
                    ``(B) Content.--The attestation and report on the
                management assessment required by this paragraph--
                            ``(i) shall focus on the process and system
                        management used--
                                    ``(I) to identify and manage risks;
                                    ``(II) to identify and implement
                                key controls; and
                                    ``(III) to come to a conclusion on
                                the effectiveness of the internal
                                controls over financial reporting; and
                            ``(ii) shall not include a separate opinion
                        on the outcome of the assessment, including any
                        pass or fail opinion by the auditor on the
                        effectiveness of the internal controls of
                        management over financial reporting.
            ``(2) Intervals for attestation and report.--The
        regulations of the Commission under this section--
                    ``(A) shall require that the attestation and report
                required by paragraph (1) be performed during an
                initial reporting period, and then at 3-year intervals;
                and
                    ``(B) may require a shorter interval in the event
                of a major shift in the structure or performance of the
                issuer, such as a merger, a significant financial
                restatement, evidence of fraud, or other such events,
                as determined by the Commission
            ``(3) Standards for attestation and report.--
                    ``(A) Risk-based evaluation.--
                            ``(i) In general.--An attestation made
                        under this subsection shall be made in
                        accordance with standards for attestation
                        engagements issued or adopted by the Board.
                            ``(ii) Requirements.--The standards issued
                        or adopted by the Board for purposes of this
                        subsection shall require that the audit of the
                        management assessment of the internal controls
                        of the issuer shall--
                                    ``(I) be designed, on the basis of
                                the probability of risk and magnitude
                                of potential harm, to focus on those
                                controls that are critical to the
                                accuracy of the financial statements of
                                the issuer;
                                    ``(II) be consistent with the
                                materiality standards prescribed by the
                                Commission under paragraph (4); and
                                    ``(III) require that the
                                determination by the auditor of the
                                controls that create the greatest risk
                                to the company shall be made in
                                consultation with management of the
                                issuer, and shall identify those
                                greatest risks in consideration of the
                                characteristics of the industry within
                                which the issuer operates.
                    ``(B) Reliance on the work of others.--The
                standards issued or adopted by the Board for purposes
                of this subsection shall eliminate duplication of
                audits and examinations--
                            ``(i) by allowing registered public
                        accounting firms performing attestations and
                        reports under this subsection to rely on
                        examinations and inspections conducted by
                        Federal and State regulatory agencies--
                                    ``(I) to the extent that such
                                examinations and inspections focus on
                                the risk-based internal controls of the
                                issuer; and
                                    ``(II) to the extent practicable,
                                without affecting the timely completion
                                of the examinations and inspections;
                            ``(ii) where the issuer has engaged a
                        third-party accountant to test and provide its
                        management assessment of the internal control
                        systems, by permitting--
                                    ``(I) the third-party accountant to
                                work with registered public accounting
                                firms performing attestations and
                                reports under this subsection on
                                determining the controls to be tested
                                and the scope of the work;
                                    ``(II) the registered public
                                accounting firms performing
                                attestations and reports under this
                                subsection to rely heavily on the work
                                of the third-party accountant during
                                the attestation engagement to avoid
                                repetitive testing; and
                                    ``(III) management of the issuer to
                                communicate openly with the registered
                                public accounting firms performing
                                attestations and reports under this
                                subsection on all aspects of its
                                internal controls.
                    ``(C) Definition.--For purposes of subparagraph
                (B)(ii), the term `third-party accountant' means a
                registered public accounting firm other than the
                registered public accounting firm that is engaged to
                perform the attestation and report under this
                subsection.
            ``(4) Materiality standard.--The Commission shall develop a
        standard of materiality for the conduct of the assessment and
        report on an internal control under this subsection that shall
        be based on the relationship of the internal control to the
        reasonably possible effects on the financial statements of the
        issuer, and its significance to the overall financial status of
        the issuer.''.

SEC. 4. SMALLER PUBLIC COMPANY OPTION REGARDING INTERNAL CONTROL
              PROVISION.

    Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is
amended by adding at the end the following:
    ``(c) Smaller Public Company Option.--
            ``(1) Voluntary compliance.--A smaller issuer shall not be
        subject to the requirements of subsection (a), unless the
        smaller issuer voluntarily elects to comply with such
        requirements, in accordance with regulations prescribed by the
        Commission. Any smaller issuer that does not elect to comply
        with subsection (a) shall state such election, together with
        the reasons therefor, in its annual report to the Commission
        under section 13(a) or 15(d) of the Securities Exchange Act of
        1934 (15 U.S.C. 78m or 78o(d)).
            ``(2) Definition.--
                    ``(A) In general.--For purposes of this subsection,
                and subject to subparagraph (B), the term `smaller
                issuer' means an issuer for which an annual report is
                required by section 13(a) or 15(d) of the Securities
                Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)), that--
                            ``(i) has a total market capitalization at
                        the beginning of the relevant reporting period
                        of less than $700,000,000;
                            ``(ii) has total product and services
                        revenue for that reporting period of less than
                        $125,000,000; or
                            ``(iii) has, at the beginning of the
                        relevant reporting period, fewer than 1500
                        record beneficial holders.
                    ``(B) Annual adjustments.--The amounts referred to
                in clauses (i) and (ii) of subparagraph (A) shall be
                adjusted annually to account for changes in the
                Consumer Price Index for all urban consumers, United
                States city average, as published by the Bureau of
                Labor Statistics.''.

SEC. 5. COMPETITION FOR AUDITING SERVICES.

    (a) Study Required.--The Commission and the Board shall jointly
conduct a study examining the lack of, and impediments to, robust
competition for the performance of audits for issuers.
    (b) Subjects of Study.--The study required by this section shall
examine--
            (1) the causes for, and the measures that may be taken to
        alleviate, the concentration of audit performance in only 4
        large public accounting firms capable of servicing the larger
        issuers; and
            (2) the extent to which the Commission and the Board may,
        under existing law, take reasonable steps--
                    (A) to increase the number of qualified accounting
                firms; and
                    (B) to eliminate de minimis conflict of interest
                provisions.
    (c) Report.--
            (1) In general.--Not later than 6 months after the date of
        enactment of this Act, the Commission and the Board shall
        submit a joint report on the study required by this section to
        the Committee on Banking, Housing, and Urban Affairs of the
        Senate and the Committee on Financial Services of the House of
        Representatives.
            (2) Requirements.--The report required by this subsection
        shall--
                    (A) contain the results of the examination of each
                of the subjects identified in subsection (b);
                    (B) make recommendations to the accounting industry
                of measures that may be undertaken under existing
                provisions of law, regulations, and standards to
                alleviate the concentration described in subsection
                (b)(1);
                    (C) identify the measures that the Commission and
                the Board should be authorized to undertake to
                alleviate such concentration; and
                    (D) make any recommendations to Congress for
                changes in the laws administered by the Commission and
                the Board that the Commission or the Board consider
                appropriate and necessary on the basis of the study.

SEC. 6. PRINCIPLES-BASED GUIDANCE STUDY.

    (a) Study Required.--The Commission and the Board shall jointly
conduct a study comparing and contrasting the principles-based Turnbull
Guidance under the securities laws of Great Britain to the
implementation of section 404 of the Sarbanes-Oxley Act of 2002.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Commission and the Board shall
        submit a joint report on the study required by this section to
        the Committee on Banking, Housing, and Urban Affairs of the
        Senate and the Committee on Financial Services of the House of
        Representatives.
            (2) Requirements.--The report required by this subsection
        shall--
                    (A) compare the relative accounting and other costs
                of the principles-based Turnbull Guidance under the
                securities laws of Great Britain and the implementation
                of section 404 of the Sarbanes-Oxley Act of 2002, in
                relation to the relative reduction in the level of risk
                to investors and increase in the level of investor
                confidence in the financial statements of issuers; and
                    (B) recommend to the Congress appropriate measures
                to alleviate accounting and other costs in relation to
                the reduction of such risk and the increase in such
                confidence.

Output:
Competitive and Open Markets That Protect and Enhance the Treatment of Entrepreneurs Act of 2007, or the Compete Act of 2007 - Amends the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley) to revise requirements for the internal control assessment component of a securities issuer's annual report.

Requires the attestation and report by a registered public accounting firm on an issuer's management assessment of its internal control structure and procedures to focus upon the process and system used by management to identify and manage risks, identify and implement key controls, and come to a conclusion on the effectiveness of the internal controls over financial reporting.

Prohibits an auditor's attestation and report from including a separate (pass/fail) opinion on the effectiveness of such internal controls.

Requires such attestation and report to be performed at three-year intervals.

Prescribes standards for such attestations and reports, including a risk-based evaluation.

Permits attestations and reports to rely on examinations and inspections by federal and state regulatory agencies.

Instructs the Securities and Exchange Commission (SEC) to develop a standard of materiality for such assessments and reports based upon the relationship of the internal control to the reasonably possible effects on the financial statements of the issuer, and its significance to the overall financial status of the issuer.

Exempts a smaller public company from the requirements for management assessment of internal controls, unless it voluntarily elects to comply with them.

Directs the SEC and the Public Company Accounting Oversight Board to jointly conduct studies: (1) examining the lack of, and impediments to, robust competition for the performance of audits for issuers; and (2) comparing and contrasting the principles-based Turnbull Guidance under the British securities laws to the implementation of section 404 of Sarbanes-Oxley (concerning management assessment of internal controls).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Justice Act of 2001''.

SEC. 2. ESTABLISHMENT.

    There is established the Fair Justice Agency (in this Act referred
to as the ``Agency''), which shall be an independent agency in the
executive branch of the Government.

SEC. 3. DIRECTOR.

    (a) In General.--There is at the head of the Agency a Director, who
shall be responsible for the exercise of all powers and the discharge
of all duties of the Agency.
    (b) Appointment.--The Director shall be appointed for a term of ten
years by the President, by and with the advice and consent of the
Senate, from among persons who, by reason of general background and
experience, are specially qualified to manage the full range of
responsibilities of the Director.
            (1) Background check.--The pre confirmation background
        check for the Director shall be conducted by the law
        enforcement divisions of the Department of Treasury.
    (c) Pay.--
            (1) In general.--The Director shall be paid at the rate
        payable for level II of the Executive Schedule.
            (2) Conforming amendment.--Section 5313 of title 5, United
        States Code, is amended by adding at the end the following
        item: ``Director, Fair Justice Agency.''.
    (d) Travel Expenses.--The Director and individuals appointed under
section 5(a) shall receive travel expenses in accordance with sections
5702 and 5703 of title 5, United States Code.
    (e) Dismissal.--
            (1) In general.--The Director may be dismissed only by the
        President for inefficiency, neglect of duty, or malfeasance in
        office.
            (2) Report.--Within five days after dismissing a Director
        under this subsection, the President shall submit to the
        Congress a report containing a detailed statement of the
        reasons for the dismissal.

SEC. 4. INVESTIGATIVE AND PROSECUTORIAL AUTHORITY.

    (a) In General.--The Director may investigate and prosecute any
alleged misconduct, criminal activity, corruption, or fraud by an
officer or employee of the Department of Justice.
    (b) Specific Functions and Powers.--The authority of the Director
under subsection (a) shall include the following:
            (1) Conducting proceedings before grand juries and other
        investigations.
            (2) Participating in court proceedings and engaging in any
        litigation, including civil and criminal matters, that the
        Director considers necessary.
            (3) Appealing any decision of a court in any case or
        proceeding in which the Director participates in an official
        capacity.
            (4) Reviewing all documentary evidence available from any
        source.
            (5) Determining whether to contest the assertion of any
        testimonial privilege.
            (6) Receiving appropriate national security clearances and,
        if necessary, contesting in court (including participating in
        camera proceedings) any claim of privilege or attempt to
        withhold evidence on grounds of national security.
            (7) Making applications to any Federal court for a grant of
        immunity to any witness, consistent with applicable statutory
        requirements, or for warrants, subpoenas, or other court
orders, and for purposes of this Act exercising the authority of a
United States attorney or the Attorney General under sections 6003,
6004, and 6005 of title 18, United States Code.
            (8) Inspecting, obtaining, or using the original or a copy
        of any tax return, in accordance with the applicable statutes
        and regulations, and, for purposes of this Act exercising the
        authority vested in a United States attorney or the Attorney
        General under section 6103 of the Internal Revenue Code of 1986
        and the regulations issued thereunder.
            (9) Initiating and conducting prosecutions in any court of
        competent jurisdiction, framing and signing indictments, filing
        informations, and handling all aspects of any case, in the name
        of the United States.
            (10) Consulting with the United States attorney for the
        district in which any violation of law being investigated or
        prosecuted by the Director is alleged to have occurred.

SEC. 5. OFFICERS AND EMPLOYEES

    (a) Officers and Employees.--The Director may appoint and fix the
compensation of such officers and employees, including attorneys, as
the Director considers appropriate.
    (b) Applicability of Certain Civil Service Laws.--Such officers and
employees shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates.
    (c) Experts and Consultants.--The Director may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the maximum rate
payable under the General Schedule.

SEC. 6. ADMINISTRATIVE POWERS.

    (a) Rules.--The Director may prescribe such procedural and
administrative rules and regulations as the Director deems necessary or
appropriate to administer and manage the functions now or hereafter
vested in the Director.
    (b) Reorganization.--The Director may establish, alter,
consolidate, or discontinue such organizational units or components
within the Agency as the Director considers appropriate.
    (c) Mails.--The Agency may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
    (d) Administrative Support Services.--Upon the request of the
Director, the Administrator of General Services shall provide to the
Agency, on a reimbursable basis, the administrative support services
necessary for the Agency to carry out its responsibilities under this
Act.
    (e) Contract Authority.--The Director may enter into and perform
such contracts, leases, cooperative agreements, or other similar
transactions with government and private agencies or persons for
supplies and services, to the extent or in the amounts provided in
advance in appropriation Acts.
    (f) Seal of Agency.--The Director shall cause a seal of office to
be made for the Agency of such design as the Director shall approve.
Judicial notice shall be taken of such seal.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Director to carry
out this Act $10,000,000 for fiscal year 2001, $15,000,000 for fiscal
year 2002, and $20,000,000 for fiscal year 2003.

Output: Fair Justice Act of 2001 - Establishes the Fair Justice Agency as an independent executive branch agency to investigate and prosecute alleged misconduct, criminal activity, corruption, or fraud by Department of Justice officers or employees.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Quality in the Unemployment
Insurance Program (EQUIP) Act''.

SEC. 2. DRUG SCREENING MADE A CONDITION OF BENEFIT RECEIPT.

    (a) In General.--Section 303 of the Social Security Act (42 U.S.C.
503) is amended by adding at the end the following:
    ``(l)(1) For purposes of subsection (a), the State law (as defined
in section 205 of the Federal-State Extended Unemployment Compensation
Act of 1970 (26 U.S.C. 3304 note)) of a State shall provide the
following:
            ``(A) No regular compensation may be paid to an applicant
        for such compensation with respect to a benefit year unless,
        before the receipt of any such compensation--
                    ``(i) the applicant has completed a substance abuse
                risk assessment for such benefit year; and
                    ``(ii) subject to subparagraph (B), if the State
                determines based on the results of such assessment that
                the applicant is a high-risk applicant, not later than
                1 week after the results of the assessment are
                determined, the applicant tests negative for controlled
                substances.
            ``(B) If a high-risk applicant tests positive for any
        controlled substance--
                    ``(i) if such test result is the first positive
                test result for such applicant in the benefit year--
                            ``(I) no regular compensation may be paid
                        to such applicant for a period of 30 days
                        beginning on the date that such test result is
                        determined; and
                            ``(II) no regular compensation may be paid
                        to such applicant during the remainder of such
                        benefit year unless the applicant tests
                        negative for controlled substances at the end
                        of such period;
                    ``(ii) if such test result is not the first
                positive test result for such applicant in the benefit
                year, no regular compensation may be paid to such
                applicant during the remainder of such benefit year.
            ``(C) A high-risk applicant receiving benefits with respect
        to a benefit year shall be subject to testing for controlled
        substances by the State at any time during the benefit year,
        with limited notice provided to the applicant of such testing.
            ``(D) A high-risk applicant who is tested for controlled
        substances under--
                    ``(i) subparagraph (A) or (C) shall be responsible
                for the cost of such test if the individual tests
                positive for any such substance; and
                    ``(ii) subparagraph (B)(i)(II) shall be responsible
                for the cost of such test.
    ``(2) For purposes of this subsection--
            ``(A) the term `benefit year' means the benefit year as
        defined in the applicable State law;
            ``(B) the term `controlled substance'--
                    ``(i) means a drug or other substance selected by
                the State to be included in drug testing under this
                subsection; and
                    ``(ii) does not include any drug or other substance
                used by the applicant pursuant to a valid prescription
                or as otherwise authorized by law;
            ``(C) the term `high-risk applicant', with respect to a
        benefit year, means an individual who is determined by the
        State to have a high risk of substance abuse based on the
        results of a substance abuse risk assessment administered under
        paragraph (1)(A)(i); and
            ``(D) the term `substance abuse risk assessment' means a
        screening instrument, approved by the Director of the National
        Institutes of Health, designed to determine whether an
        individual has a high risk of substance abuse.''.
    (b) No Merit Staffing Requirements.--Section 303(a)(1) of the
Social Security Act (42 U.S.C. 503(a)(1)) shall not be construed in
such a manner as to apply the merit staffing requirements in section
900.603 of title 5, Code of Federal Regulations, as in effect on
October 1, 2011, to the implementation of section 303(l) of such Act
(as amended by subsection (a)).
    (c) Funding for Substance Abuse Testing.--
            (1) Funding from ipab.--Section 1899A(m) of the Social
        Security Act is amended--
                    (A) in paragraph (1), in the matter preceding
                subparagraph (A), by striking ``to the Board to carry''
                and inserting ``for the purposes of carrying out
                section 303(l), and, if any funds remain in the fiscal
                year involved, for the Board for the purpose of
                carrying''; and
                    (B) by striking paragraph (2).
            (2) Funding from the co-op program.--Section 1322(g) of the
        Patient Protection and Affordable Care Act is amended by
        striking ``to carry out this section.'' and inserting ``to
        carry out section 303(l) of the Social Security Act, to the
        extent funds are necessary to carry out such section after the
        application of section 1899A(m)(1) of such Act.''.
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendment made by subsection (a) shall take effect on the date
        that is 180 days after the date of the enactment of this Act.
            (2) Delay permitted if legislation pending.--If a State
        applies to the Secretary of Labor to delay implementation of
        the requirements of section 303(l) of the Social Security Act
        (42 U.S.C. 503(l)) on the grounds that legislation to implement
        such requirements is pending in the State legislature on the
        date that is 180 days after the date of the enactment of this
        Act, the Secretary shall not refuse certification for payment
        to the State under section 302 of such Act solely on the basis
        of the failure of the State to implement such requirements
        before such date.

Output:
Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act - Amends title III (Grants to States for Unemployment Compensation Administration) of the Social Security Act (SSA) to require state unemployment compensation (UC) laws to require, as a condition of UC eligibility for a benefit year, an applicant, before receiving any UC, to: (1) complete a substance abuse risk assessment; and (2) test negative for controlled substances within one week after the results of such assessment if the state determines that the applicant is a high-risk. Prescribes retesting requirements and UC payment suspensions for applicants who test positive.

Amends SSA title XVIII (Medicare) and the Patient Protection and Affordable Care Act to provide funding for such substance abuse testing out of current funds appropriated for the Independent Payment Advisory Board (IPAB) and, after application of those funds, for the Consumer Operated and Oriented Plan (CO-OP) program.