Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gasoline Tax Relief Act of 2006''.

SEC. 2. SUSPENSION OF FUEL TAXES ON HIGHWAY MOTOR FUELS WHEN WEEKLY
              UNITED STATES RETAIL GASOLINE PRICES EXCEED BENCHMARK.

    (a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on motor and aviation fuels) is amended
by adding at the end the following new subsection:
    ``(f) Suspension of Highway Motor Fuel Taxes When Retail Gasoline
Exceeds Benchmark.--
            ``(1) In general.--During any suspension period, the tax
        imposed by section 4041 or 4081 on highway motor fuel shall be
        suspended.
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) Suspension period.--The term `suspension
                period' means--
                            ``(i) the 60-day period beginning 7 days
                        after the date of enactment of this subsection,
                        and
                            ``(ii) after such 60-day period, any
                        period--
                                    ``(I) beginning 7 days after the
                                date on which the weekly United States
                                retail gasoline price for regular grade
                                conventional areas (as published by the
                                Energy Information Administration,
                                Department of Energy), inclusive of
                                such tax, is greater than the benchmark
                                price, and
                                    ``(II) ending 7 days after the date
                                on which such price (as so published),
                                without regard to this subsection, does
                                not exceed the benchmark price.
                    ``(B) Benchmark price.--For purposes of this
                subsection--
                            ``(i) In general.--The term `benchmark
                        price' means $2.75 per gallon.
                            ``(ii) Adjustment for inflation.--In the
                        case of any calendar year beginning after 2006,
                        the dollar amount in clause (i) shall be
                        increased by an amount equal to--
                                    ``(I) such dollar amount,
                                multiplied by
                                    ``(II) the cost-of-living
                                adjustment determined under section
                                1(f)(3) for such calendar year,
                                determined by substituting `calendar
                                year 2005' for `calendar year 1992' in
                                subparagraph (B) thereof.
                        Any increase determined under subclause (II)
                        shall be rounded to the nearest cent.
                    ``(C) Highway motor fuel.--The term `highway motor
                fuel' means any fuel subject to tax under section 4041
                or 4081 other than aviation gasoline and aviation-grade
                kerosene.''.
    (b) Maintenance of Trust Funds Deposits; Amounts Appropriated to
Trust Funds Treated as Taxes.--
            (1) In general.--There is hereby appropriated (out of any
        money in the Treasury not otherwise appropriated) to each trust
        fund which would (but for this subsection) receive reduced
        revenues as a result of a suspension in a rate of tax by reason
        of section 4081(f)(1) of the Internal Revenue Code of 1986 (as
        added by this section) an amount equal to such reduction in
        revenues. Amounts appropriated by the preceding sentence to any
        trust fund--
                    (A) shall be transferred from the general fund at
                such times and in such manner as to replicate to the
                extent possible the transfers which would have occurred
                had subsection (a) not been enacted, and
                    (B) shall be treated for all purposes of Federal
                law as taxes received under the appropriate section
                referred to in such section 4081(f)(1).
    (c) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
    (d) Floor Stock Refunds.--
            (1) In general.--If--
                    (A) before the tax suspension date, tax has been
                imposed under section 4081 of the Internal Revenue Code
                of 1986 on any highway motor fuel, and
                    (B) on such date such fuel is held by a dealer and
                has not been used and is intended for sale,
        there shall be credited or refunded (without interest) to the
        person who paid such tax (hereafter in this subsection referred
        to as the ``taxpayer'') an amount equal to the excess of the
        tax paid by the taxpayer over the tax which would be imposed on
        such fuel had the taxable event occurred on such date.
            (2) Time for filing claims.--No credit or refund shall be
        allowed or made under this subsection unless--
                    (A) claim therefor is filed with the Secretary of
                the Treasury before the date which is 6 months after
                the tax suspension date based on a request submitted to
                the taxpayer before the date which is 3 months after
                the tax suspension date by the dealer who held the
                highway motor fuel on such date, and
                    (B) the taxpayer has repaid or agreed to repay the
                amount so claimed to such dealer or has obtained the
                written consent of such dealer to the allowance of the
                credit or the making of the refund.
            (3) Exception for fuel held in retail stocks.--No credit or
        refund shall be allowed under this subsection with respect to
        any highway motor fuel in retail stocks held at the place where
        intended to be sold at retail.
            (4) Definitions.--For purposes of this subsection--
                    (A) Tax suspension date.--The term ``tax suspension
                date'' means the first day of any suspension period in
                effect under section 4081(f) of the Internal Revenue
                Code of 1986 (as added by subsection (a) of this
                section).
                    (B) Other terms.--The terms ``dealer'' and ``held
                by a dealer'' have the respective meanings given to
                such terms by section 6412 of such Code.
            (5) Certain rules to apply.--Rules similar to the rules of
        subsections (b) and (c) of section 6412 of such Code shall
        apply for purposes of this subsection.
    (e) Floor Stocks Tax.--
            (1) Imposition of tax.--In the case of any highway motor
        fuel which is held on the tax restoration date by any person,
        there is hereby imposed a floor stocks tax equal to the excess
        of the tax which would be imposed on such fuel had the taxable
        event occurred on such date over the tax (if any) previously
        paid (and not credited or refunded) on such fuel.
            (2) Liability for tax and method of payment.--
                    (A) Liability for tax.--The person holding highway
                motor fuel on the tax restoration date to which the tax
                imposed by paragraph (1) applies shall be liable for
                such tax.
                    (B) Method of payment.--The tax imposed by
                paragraph (1) shall be paid in such manner as the
                Secretary shall prescribe.
                    (C) Time for payment.--The tax imposed by paragraph
                (1) shall be paid on or before the 45th day after the
                tax restoration date.
            (3) Definitions.--For purposes of this subsection--
                    (A) Tax restoration date.--The term ``tax
                restoration date'' means the first day after the end of
                any suspension period (as defined in section 4081(f) of
                the Internal Revenue Code of 1986).
                    (B) Highway motor fuel.--The term ``highway motor
                fuel'' has the meaning given to such term by section
                4081(f) of such Code.
                    (C) Held by a person.--A highway motor fuel shall
                be considered as held by a person if title thereto has
                passed to such person (whether or not delivery to the
                person has been made).
                    (D) Secretary.--The term ``Secretary'' means the
                Secretary of the Treasury or the Secretary's delegate.
            (4) Exception for exempt uses.--The tax imposed by
        paragraph (1) shall not apply to any highway motor fuel held by
        any person exclusively for any use to the extent a credit or
        refund of the tax is allowable for such use.
            (5) Exception for certain amounts of fuel.--
                    (A) In general.--No tax shall be imposed by
                paragraph (1) on any highway motor fuel held on the tax
                restoration date by any person if the aggregate amount
                of such highway motor fuel held by such person on such
                date does not exceed 2,000 gallons. The preceding
                sentence shall apply only if such person submits to the
                Secretary (at the time and in the manner required by
                the Secretary) such information as the Secretary shall
                require for purposes of this subparagraph.
                    (B) Exempt fuel.--For purposes of subparagraph (A),
                there shall not be taken into account any highway motor
                fuel held by any person which is exempt from the tax
                imposed by paragraph (1) by reason of paragraph (4).
                    (C) Controlled groups.--For purposes of this
                subsection--
                            (i) Corporations.--
                                    (I) In general.--All persons
                                treated as a controlled group shall be
                                treated as 1 person.
                                    (II) Controlled group.--The term
                                ``controlled group'' has the meaning
                                given to such term by subsection (a) of
                                section 1563 of such Code; except that
                                for such purposes the phrase ``more
                                than 50 percent'' shall be substituted
                                for the phrase ``at least 80 percent''
                                each place it appears in such
                                subsection.
                            (ii) Nonincorporated persons under common
                        control.--Under regulations prescribed by the
                        Secretary, principles similar to the principles
                        of subparagraph (A) shall apply to a group of
                        persons under common control if 1 or more of
                        such persons is not a corporation.
            (6) Other laws applicable.--All provisions of law,
        including penalties, applicable with respect to the taxes
        imposed by section 4081 of such Code shall, insofar as
        applicable and not inconsistent with the provisions of this
        subsection, apply with respect to the floor stock taxes imposed
        by paragraph (1) to the same extent as if such taxes were
        imposed by such section.

Output: Gasoline Tax Relief Act of 2006 - Amends the Internal Revenue Code to suspend excise taxes on diesel and other highway motor fuels during specified periods when weekly retail gasoline prices as published by the Department of Energy exceed $2.75 per gallon.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Cancer Act of 2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In 2003, an estimated 1,334,100 Americans will be
        diagnosed with some form of cancer.
            (2) In 2003, an estimated 556,500 Americans will die of
        cancer. In the United States, 1 in every 4 deaths results from
        cancer.
            (3) In 2002, the National Institutes of Health estimated
        the overall cost of cancer at $171,600,000,000.
            (4) In 2003, an estimated 211,300 American women and 1,300
        men will be diagnosed with breast cancer, and 40,200 will die
        of the disease. A mammogram every 1-2 years can reduce the risk
        of dying by about 16 percent for women 40 years of age and
        older.
            (5) In 2003, an estimated 40,100 women will be newly
        diagnosed with cancer of the uterine corpus and 6,800 women
        will die of the disease.
            (6) In 2003, an estimated 147,500 Americans will be
        diagnosed with colorectal cancer and 57,100 will die of the
        disease.
            (7) Incidence rates of colorectal cancer stabilized between
        1995 and 1999. Research suggests that declines may be in part
        due to increased screening and polyp removal.
            (8) The Chronic Disease Prevention Department found that
        screening for colorectal cancer can reduce the number of deaths
        by at least 30 percent.
            (9) Regular screening examinations by a health care
        professional can result in early detection of cancers of the
        breast, colon, rectum, prostate, testis, oral cavity, and skin.
        If all these cancers were diagnosed at a localized stage
        through regular examinations, the 5-year survival rate would
        increase from 82 percent to 95 percent.
            (10) Cancers of the lung, mouth, larynx, bladder, kidney,
        cervix, esophagus, and pancreas are related to tobacco use. The
        American Cancer Society estimates that in 2003 more than
        180,000 cancer deaths will be caused by tobacco use. Smoking
        alone causes \1/3\ of all cancer deaths.
            (11) More than 1,000,000 skin cancers expected to be
        diagnosed in 2003 could have been prevented by protection from
        the sun's rays.
            (12) An estimated 9,000 new cases of childhood cancer are
        expected to occur in 2003.
            (13) Cancer is the chief cause of death by disease in
        children between the ages of 1 and 14.
            (14) The American Cancer Society estimates that
        approximately \1/3\ of the 556,500 cancer deaths expected in
        2003 will be related to nutrition, physical inactivity,
        obesity, and other lifestyle factors that could be prevented.
            (15) About 77 percent of all cancers are diagnosed at age
        55 and older. In order to ensure high quality cancer care for
        American seniors, medicare reimbursements must reflect the true
        cost of treatment in every treatment setting and medicare
        payments should accurately reflect the cost of drug and
        biologics as well as the cost of administering drugs and
        supportive care therapies.
            (16) Despite an aging population, death rates for the most
        common cancers, lung, colorectal, breast, and prostate continue
        to drop at an average of 1.7 percent per year.
            (17) In May 2001, Gleevec, the first in what is expected to
        be a number of cancer treatments, was approved for use by the
        Food and Drug Administration as it appeared to be effective in
        stopping the growth of deadly Chronic Myeloid Leukemia cells
        within 3 months of use. In 2002, Gleevec showed ability to stop
        growth of gastrointestinal stromal tumors.
            (18) In early 2003, researchers used gene chips to
        accurately predict whether or not breast cancer tumors would
        spread in the future. If the findings are validated, doctors
        will be able to determine which patients are likely to relapse
        and need chemotherapy, while sparing those with a favorable
        prognosis from additional treatment.
            (19) The Lance Armstrong Foundation, a leading national
        organization providing services and support for cancer
        survivors, defines cancer survivorship as living with, through,
        and beyond cancer.
            (20) In 2001, there were 9,600,000 cancer survivors in the
        United States.
            (21) Sixty percent of adults diagnosed with cancer survive
        at least 5 years.
            (22) While nearly every childhood cancer diagnosis 20 years
        ago was fatal, today more than 80 percent of children diagnosed
        with cancer survive at least 5 years.

SEC. 3. SENSE OF THE SENATE.

    It is the sense of the Senate that the United States is at a point
in history in which we must take the proper steps to reach the goal of
making cancer survivorship the rule and cancer deaths rare by the year
2015.

                   TITLE I--PUBLIC HEALTH PROVISIONS

SEC. 101. NATIONAL PROGRAM OF CANCER REGISTRIES.

    Part M of title III of the Public Health Service Act (42 U.S.C.
280e et seq.) is amended by inserting after section 399B the following:

``SEC. 399B-1. ENHANCING CANCER REGISTRIES AND PREPARING FOR THE
              FUTURE.

    ``(a) Strategic Plan.--Not later than 1 year after the date of
enactment of the National Cancer Act of 2003 the Secretary shall
develop a plan and submit a report to Congress that outlines strategies
by which the State cancer registries funded with grants under section
399B and the Surveillance, Epidemiology, and End Results program of the
National Cancer Institute (in this section referred to as the `SEER
program') can share information to ensure more comprehensive cancer
data. The report shall include ways in which the Secretary will--
            ``(1) standardize data between State cancer registries and
        the SEER program;
            ``(2) increase the portability and usability of data files
        from each registry for researchers and public health planners;
            ``(3) ensure data collection from the greatest number of
        health care facilities possible;
            ``(4) maximize the use of State registry data and data from
        the SEER program in State and regional public health planning
        processes; and
            ``(5) promote the use of data to--
                    ``(A) improve the health status of cancer
                survivors; and
                    ``(B) research quality of cancer care and access to
                that care.''.

SEC. 102. ENHANCING EXISTING SCREENING EFFORTS.

    (a) Grant and Contract Authority of States.--Section 1501(b)(2) of
the Public Health Service Act (42 U.S.C. 300k(b)(2)) is amended to read
as follows:
            ``(2) Certain applications.--
                    ``(A) Strategies for colorectal cancer screening.--
                If any entity submits an application to a State to
                receive an award of a grant or contract pursuant to
                paragraph (1) that includes strategies for colorectal
                cancer screening and outreach, the State may give
                priority to the application submitted by that entity in
                any case in which the State determines that the quality
                of such application is equivalent to the quality of the
                application submitted by the other entities.
                    ``(B) Women diagnosed with cancer.--If any entity
                submits an application to a State to receive an award
                of a grant or contract pursuant to paragraph (1) that
                includes strategies for the provision of treatment for
                uninsured women diagnosed with cancer discovered in the
                course of the screening, the State may give priority to
                the application submitted by that entity in any case in
                which the State determines that the quality of such
                application is equivalent to the quality of the
                application submitted by the other entities.''.
    (b) Requirements With Respect to Type and Quality of Services.--
Section 1503 of the Public Health Service Act (42 U.S.C. 300m) is
amended by adding at the end the following:
    ``(d) Waiver of Direct Services Requirement.--The Secretary may
waive the requirement under subsection (a)(1) if--
            ``(1) the State involved will use the grant under this
        section for a demonstration project that will leverage private
        funds to supplement program efforts; or
            ``(2) such requirement would cause a barrier to the
        enrollment of qualifying women.''.
    (c) Authorization of Appropriations.--Section 1510(a) of the Public
Health Service Act (42 U.S.C. 300n-5(a)) is amended by striking
``$50,000,000'' and all that follows and inserting ``such sums as may
be necessary for each of fiscal years 2004 through 2008.''.
    (d) Report on the Comprehensive Colorectal Cancer Initiative.--Not
later than 6 months after the date of enactment of this Act, the
Director of the Centers for Disease Control and Prevention shall submit
to the appropriate committees of Congress a report containing an
assessment of the success of the Comprehensive Colorectal Cancer
Initiative (within the Centers for Disease Control and Prevention) in--
            (1) increasing public awareness of colorectal cancer;
            (2) increasing awareness of screening guidelines among
        health care providers;
            (3) monitoring national colorectal cancer screening rates;
            (4) promoting increased patient-provider communication
        about colorectal cancer screening;
            (5) supporting quantitative and qualitative research
        efforts; and
            (6) providing funding to State programs to implement
        colorectal cancer priorities.

SEC. 103. ENHANCED PATIENT EDUCATION.

    Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:

``SEC. 399O. ENHANCED PATIENT EDUCATION.

    ``(a) Grants Authorized.--The Secretary is authorized to award
grants to eligible entities to implement programs to educate patients
and their families about--
            ``(1) the availability and options of effective medical
        techniques and pain management technology therapies to reduce
        and prevent pain and suffering for those with cancer upon
        diagnosis;
            ``(2) the unique health challenges associated with cancer
        survivorship, including--
                    ``(A) the role of followup care and monitoring to
                support and improve the long-term quality of life for
                cancer survivors;
                    ``(B) physical activity and healthy lifestyles; and
                    ``(C) the availability of peer and mentor support
                programs; and
            ``(3) community resources available to increase access to
        quality cancer care.
    ``(b) Application.--An eligible entity desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require.
    ``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''.

SEC. 104. PRACTITIONER EDUCATION PROGRAM.

    Section 414 of the Public Health Service Act (42 U.S.C. 285a-3) is
amended by adding at the end the following:
    ``(d) In order to receive funding under this section, a center
described under subsection (a) shall maintain a program for
disseminating to patients and research participants, as well as their
caregivers, the latest information about--
            ``(1) pain and symptom management and palliative care; and
            ``(2) the unique clinical and research challenges
        associated with cancer survivorship.
    ``(e) The Secretary may provide additional amounts to fund centers
under subsection (a) that develop innovative relationships with
community cancer centers, community health centers, rural hospitals,
and other community-based health care providers who target medically
underserved populations for the purpose of increasing access to quality
cancer care.''.

SEC. 105. ELEVATING THE IMPORTANCE OF PAIN MANAGEMENT AND CANCER
              SURVIVORSHIP THROUGHOUT THE NATION'S CANCER PROGRAMS.

    (a) National Cancer Program.--Section 411 of the Public Health
Service Act (42 U.S.C. 285a) is amended to read as follows:
    ``Sec. 411. The National Cancer Program shall consist of--
            ``(1) an expanded, intensified, and coordinated cancer
        research program encompassing the research programs conducted
        and supported by the Institute and the related research
        programs of the other national research institutes, including
        research programs for--
                    ``(A) pain and symptom management;
                    ``(B) survivorship; and
                    ``(C) the prevention of cancer caused by
                occupational or environmental exposure to carcinogens;
                and
            ``(2) the other programs and activities of the Institute,
        including research on populations with both uniquely diverse
        genetic variation and geographic isolation.''.
    (b) Cancer Control Programs.--Section 412(2) of the Public Health
Service Act (42 U.S.C. 285a-1(2)) is amended--
            (1) in subparagraph (A), by striking ``, and'' and
        inserting a semicolon; and
            (2) by adding at the end the following:
                    ``(C) appropriate methods of pain and symptom
                management for individuals with cancer, including end-
                of-life care and cancer survivorship; and''.
    (c) Special Authorities of the Director.--Section 413(a)(2) of the
Public Health Service Act (42 U.S.C. 285a-2(a)(2)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(F) assess and improve pain and symptom management of
        cancer throughout the course of treatment and cancer
        survivorship.''.
    (d) Breast and Gynecological Cancers.--Section 417 of the Public
Health Service Act (42 U.S.C. 285a-6) is amended--
            (1) in subsection (c)(1)--
                    (A) in subparagraph (D), by striking ``and'' at the
                end;
                    (B) in subparagraph (E), by striking the period and
                inserting ``; and''; and
                    (C) by inserting after subparagraph (E) the
                following:
                    ``(F) basic, clinical, and applied research
                concerning pain and symptom management and cancer
                survivorship.''; and
            (2) in subsection (d)--
                    (A) in paragraph (4), by striking ``and'' at the
                end;
                    (B) in paragraph (5), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) basic, clinical, and applied research concerning pain
        and symptom management and cancer survivorship.''.
    (e) Prostate Cancer.--Section 417A(c)(1) of the Public Health
Service Act (42 U.S.C. 285a-7(c)(1)) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) in subparagraph (G), by striking the period and
        inserting ``; and''; and
            (3) by inserting after subparagraph (G) the following:
                    ``(H) basic and clinical research concerning pain
                and symptom management and cancer survivorship.''.

SEC. 106. SURVIVORSHIP RESEARCH PROGRAM.

    Subpart 1 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285 et seq.) is amended by adding at the end the following:

``SEC. 417D. SURVIVORSHIP RESEARCH PROGRAM.

    ``(a) Establishment.--There is established, within the Institute,
an Office on Cancer Survivorship (in this section referred to as the
`Office'), which may be headed by an Associate Director, to implement
and direct the expansion and coordination of the activities of the
Institute with respect to cancer survivorship research.
    ``(b) Collaboration Among Agencies.--In carrying out the activities
described in subsection (a), the Office shall collaborate with other
institutes, centers, and offices within the National Institutes of
Health that are determined appropriate by the Office.
    ``(c) Report.--Not later than 1 year after the date of enactment of
this section, the Secretary shall prepare and submit to the appropriate
committees of Congress a report providing a description of the
survivorship activities of the Office and strategies for future
activities.''.

                     TITLE II--RESEARCH PROVISIONS

SEC. 201. NATIONAL CANCER INSTITUTE.

    (a) Other Transactions Authority.--Subpart 1 of part C of title IV
of the Public Health Service Act (42 U.S.C. 285 et seq.), as amended by
section 106, is further amended by adding at the end the following:

``SEC. 417E. OTHER TRANSACTIONS AUTHORITY.

    ``Notwithstanding any other provision of this subpart, the Director
of the National Cancer Institute may cofund grant projects with private
entities for any purpose described in this subpart.''.
    (b) Sense of the Senate on a Central Institutional Review Board.--
It is the sense of the Senate that--
            (1) the current procedure of sending 1 clinical trial
        through multiple local institutional review boards may not be
        the most efficient method for the protection of patients
        enrolled in the trial and may delay the process of bringing
        lifesaving treatment to cancer patients;
            (2) the National Cancer Institute should be commended for
        its work in centralizing the institutional review board
        process; and
            (3) the research community should continue to streamline
        the institutional review board process in order to bring
        lifesaving treatments to patients as quickly as possible.
    (c) Patient and Provider Outreach Opportunities With Experimental
Therapies.--For the purpose of enhancing patient access to experimental
therapies, the National Cancer Institute shall conduct the following
activities:
            (1) Integrate, to the maximum extent practicable, trials
        being conducted by private manufacturers into the National
        Cancer Institute's clinical trials online database. Such
        integration may require specific awareness-raising and outreach
        activities by the National Cancer Institute to private
        industry.
            (2) Establish an education program which provides patients
        and providers with--
                    (A) information about how to access and use the
                National Cancer Institute clinical trials database
                online; and
                    (B) information about the Food and Drug
                Administration process for approving the use of drugs
                and biologics for a single patient.

Output:
National Cancer Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop an information-sharing plan for State cancer registries.

Modifies provisions concerning preventive health measures with respect to breast and cervical cancers to permit priority to be given to certain projects involving: (1) colorectal cancer screening and outreach; and (2) treating uninsured women diagnosed with cancer during such screening.

Authorizes specified waivers of the direct services requirement for breast and cervical cancer screening grants.

Authorizes the Secretary to award grants to eligible entities to educate cancer patients and their families about medical techniques to reduce and prevent pain, survivorship care and support programs, and related community resources.

Requires a national cancer research center to have a practitioner education program that includes pain and symptom management and survivorship care.

Amends various provisions of the Act to emphasize the importance of pain and symptom management throughout the nation's cancer programs.

Establishes within the National Cancer Institute (the NCI) an Office on Cancer Survivorship.

Authorizes the Director of NCI to co-fund grant projects for various cancer programs.

Expresses the sense of the Senate with respect to: (1) cancer survivorship; and (2) institutional review board procedures.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tick-Borne Disease Research
Accountability and Transparency Act of 2014''.

SEC. 2. LYME DISEASE AND OTHER TICK-BORNE DISEASES.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following new part:

          ``PART W--LYME DISEASE AND OTHER TICK-BORNE DISEASES

``SEC. 399OO. RESEARCH.

    ``(a) In General.--The Secretary shall conduct or support
epidemiological, basic, translational, and clinical research regarding
Lyme disease and other tick-borne diseases.
    ``(b) Biennial Reports.--The Secretary shall ensure that each
biennial report under section 403 includes information on actions
undertaken by the National Institutes of Health to carry out subsection
(a) with respect to Lyme disease and other tick-borne diseases,
including an assessment of the progress made in improving the outcomes
of Lyme disease and such other tick-borne diseases.

``SEC. 399OO-1. WORKING GROUP.

    ``(a) Establishment.--The Secretary shall establish a permanent
working group, to be known as the Interagency Lyme and Tick-Borne
Disease Working Group (in this section and section 399OO-2 referred to
as the `Working Group'), to review all efforts within the Department of
Health and Human Services concerning Lyme disease and other tick-borne
diseases to ensure interagency coordination, minimize overlap, and
examine research priorities.
    ``(b) Responsibilities.--The Working Group shall--
            ``(1) not later than 24 months after the date of enactment
        of this part, and every 24 months thereafter, develop or update
        a summary of--
                    ``(A) ongoing Lyme disease and other tick-borne
                disease research related to causes, prevention,
                treatment, surveillance, diagnosis, diagnostics,
                duration of illness, intervention, and access to
                services and supports for individuals with Lyme disease
                or other tick-borne diseases;
                    ``(B) advances made pursuant to such research;
                    ``(C) the engagement of the Department of Health
                and Human Services with persons that participate at the
                public meetings required by paragraph (5); and
                    ``(D) the comments received by the Working Group at
                such public meetings and the Secretary's response to
                such comments;
            ``(2) ensure that a broad spectrum of scientific viewpoints
        is represented in each such summary;
            ``(3) monitor Federal activities with respect to Lyme
        disease and other tick-borne diseases;
            ``(4) make recommendations to the Secretary regarding any
        appropriate changes to such activities; and
            ``(5) ensure public input by holding annual public meetings
        that address scientific advances, research questions,
        surveillance activities, and emerging strains in species of
        pathogenic organisms.
    ``(c) Membership.--
            ``(1) In general.--The Working Group shall be composed of a
        total of 14 members as follows:
                    ``(A) Federal members.--Seven Federal members,
                consisting of one or more representatives of each of--
                            ``(i) the Office of the Assistant Secretary
                        for Health;
                            ``(ii) the Food and Drug Administration;
                            ``(iii) the Centers for Disease Control and
                        Prevention;
                            ``(iv) the National Institutes of Health;
                        and
                            ``(v) such other agencies and offices of
                        the Department of Health and Human Services as
                        the Secretary determines appropriate.
                    ``(B) Non-federal public members.--Seven non-
                Federal public members, consisting of representatives
                of the following categories:
                            ``(i) Physicians and other medical
                        providers with experience in diagnosing and
                        treating Lyme disease and other tick-borne
                        diseases.
                            ``(ii) Scientists or researchers with
                        expertise.
                            ``(iii) Patients and their family members.
                            ``(iv) Nonprofit organizations that
                        advocate for patients with respect to Lyme
                        disease and other tick-borne diseases.
                            ``(v) Other individuals whose expertise is
                        determined by the Secretary to be beneficial to
                        the functioning of the Working Group.
            ``(2) Appointment.--The members of the Working Group shall
        be appointed by the Secretary, except that of the non-Federal
        public members under paragraph (1)(B)--
                    ``(A) one shall be appointed by the Speaker of the
                House of Representatives; and
                    ``(B) one shall be appointed by the Majority Leader
                of the Senate.
            ``(3) Diversity of scientific perspectives.--In making
        appointments under paragraph (2), the Secretary, the Speaker of
        the House of Representatives, and the Majority Leader of the
        Senate shall ensure that the non-Federal public members of the
        Working Group represent a diversity of scientific perspectives.
            ``(4) Terms.--The non-Federal public members of the Working
        Group shall each be appointed to serve a 4-year term and may be
        reappointed at the end of such term.
    ``(d) Meetings.--The Working Group shall meet as often as
necessary, as determined by the Secretary, but not less than twice each
year.
    ``(e) Applicability of FACA.--The Working Group shall be treated as
an advisory committee subject to the Federal Advisory Committee Act.
    ``(f) Reporting.--Not later than 24 months after the date of
enactment of this part, and every 24 months thereafter, the Working
Group--
            ``(1) shall submit a report on its activities, including an
        up-to-date summary under subsection (b)(1) and any
        recommendations under subsection (b)(4), to the Secretary, the
        Committee on Energy and Commerce of the House of
        Representatives, and the Committee on Health, Education, Labor
        and Pensions of the Senate;
            ``(2) shall make each such report publicly available on the
        website of the Department of Health and Human Services; and
            ``(3) shall allow any member of the Working Group to
        include in any such report minority views.

``SEC. 399OO-2. STRATEGIC PLAN.

    ``Not later than 3 years after the date of enactment of this
section, and every 5 years thereafter, the Secretary shall submit to
the Congress a strategic plan, informed by the most recent summary
under section 399OO-1(b)(1), for the conduct and support of Lyme
disease and tick-borne disease research, including--
            ``(1) proposed budgetary requirements;
            ``(2) a plan for improving outcomes of Lyme disease and
        other tick-borne diseases, including progress related to
        chronic or persistent symptoms and chronic or persistent
        infection and co-infections;
            ``(3) a plan for improving diagnosis, treatment, and
        prevention;
            ``(4) appropriate benchmarks to measure progress on
        achieving the improvements described in paragraphs (2) and (3);
        and
            ``(5) a plan to disseminate each summary under section
        399OO-1(b)(1) and other relevant information developed by the
        Working Group to the public, including health care providers,
        public health departments, and other relevant medical
        groups.''.

SEC. 3. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

    No additional funds are authorized to be appropriated to carry out
this Act and the amendment made by this Act, and this Act and such
amendment shall be

 carried out using amounts otherwise available for such purpose.

            Passed the House of Representatives September 9, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Tick-Borne Disease Research Accountability and Transparency Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to conduct or support epidemiological, basic, translational, and clinical research regarding Lyme disease and other tick-borne diseases. Directs the Secretary to establish the Interagency Lyme and Tick-Borne Disease Working Group to review all HHS efforts concerning tick-borne diseases to ensure interagency coordination and examine research priorities. Requires the Working Group to: (1) provide a summary of tick-borne disease research, advances, and scientific viewpoints every two years; (2) make recommendations to HHS regarding tick-borne disease activities; and (3) hold annual public meetings.Requires HHS to submit a strategic plan for tick-borne disease research within three years of enactment and every five years thereafter that includes: (1) budgetary requirements; (2) benchmarks for improving tick-borne disease diagnosis, treatment, outcomes, and prevention; and (3) a plan to disseminate Working Group summaries and other relevant information on tick-borne disease to health professionals and the public.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Seniors Financial Fraud Prevention
Act of 2010''.

SEC. 2. OFFICE FOR THE PREVENTION OF FRAUD TARGETING SENIORS.

    (a) Establishment of Office.--The Federal Trade Commission shall
establish a separate office within the Commission for the purpose of
preventing fraud targeting seniors and to assist the Commission with
the following:
            (1) Oversight.--The office shall monitor the market for
        mail, telemarketing, television, and Internet fraud targeting
        seniors and shall coordinate with other relevant agencies
        regarding the requirements of this section.
            (2) Consumer education.--The Federal Trade Commission
        through the office shall, after consultation with the Attorney
        General, the Secretary of Health and Human Services, the
        Postmaster General, and the Chief Postal Inspector for the
        United States Postal Inspection Service--
                    (A) disseminate to seniors and families and
                caregivers of seniors general information on mail,
                telemarketing, television, and Internet fraud targeting
                seniors, including descriptions of the most common
                fraud schemes;
                    (B) disseminate to seniors and families and
                caregivers of seniors information on means of referring
                complaints of fraud targeting seniors to appropriate
                law enforcement agencies, including the Director of the
                Federal Bureau of Investigation, the attorneys general
                of the States, and a national toll-free telephone
                number for reporting mail, telemarketing, television,
                and Internet fraud established by the Federal Trade
                Commission;
                    (C) in response to a specific request about a
                particular entity or individual, provide publicly
                available information on any record of civil or
                criminal law enforcement action for mail,
                telemarketing, television, or Internet fraud against
                such entity; and
                    (D) maintain a website to serve as a resource for
                information for seniors and families and caregivers of
                seniors regarding mail, telemarketing, television, and
                Internet fraud targeting seniors.
            (3) Complaints.--The Federal Trade Commission through the
        office shall, after consultation with the Attorney General,
        establish procedures to--
                    (A) log and acknowledge the receipt of complaints
                by individuals who certify that they have a reasonable
                belief that they have been the victim of fraud in
                connection with the conduct of mail, telemarketing (as
                that term is defined in section 2325 of title 18,
                United States Code), television, and Internet;
                    (B) provide to individuals described in
                subparagraph (A), and to any other persons, information
                on mail, telemarketing, television, and Internet fraud,
                including--
                            (i) general information on mail,
                        telemarketing, television, and Internet fraud,
                        including descriptions of the most common mail,
                        telemarketing, television, and Internet fraud
                        schemes;
                            (ii) information on means of referring
                        complaints on mail, telemarketing, television,
                        and Internet fraud to appropriate law
                        enforcement agencies, including the Director of
                        the Federal Bureau of Investigation and the
                        Attorney General; and
                            (iii) information, if available, on the
                        number of complaints of mail, telemarketing,
                        television, and Internet fraud against
                        particular companies and any record of
                        convictions for mail, telemarketing,
                        television, and Internet fraud by particular
                        companies for which a specific request has been
                        made; and
                    (C) refer complaints described in subparagraph (A)
                to appropriate entities, including State consumer
                protection agencies or entities and appropriate law
                enforcement agencies, for potential law enforcement
                action.
    (b) Commencement.--The Federal Trade Commission shall commence
carrying out the requirements of this section not later than one year
after the date of enactment of this Act.

Output:
Seniors Financial Fraud Prevention Act of 2010 - Establishes a separate office within the Federal Trade Commission (FTC) for the prevention of fraud targeting seniors and requires the office to assist the FTC in monitoring the market for mail, telemarketing, television, and Internet fraud which targets seniors.

Requires the FTC through such office: (1) to disseminate to seniors and their families and caregivers information on mail, telemarketing, television, and Internet fraud targeting seniors, including on ways of referring complaints to appropriate law enforcement agencies; (2) in response to a request about a particular entity or individual, to provide publicly available information on any record of civil or criminal law enforcement action for such fraud; and (3) to maintain a website as a resource for such individuals on those kinds of fraud.

Requires the FTC through such office to establish procedures to: (1) log and acknowledge complaints from individuals who certify that they believe they have been victims of mail, telemarketing, television, or Internet fraud; (2) provide certain information on those kinds of fraud; and (3) refer such complaints to appropriate entities, including state consumer protection agencies and entities and appropriate law enforcement agencies, for potential law enforcement action.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hope Offered through Principled,
Ethically-Sound Stem Cell Research Act'' or the ``HOPE Act''.

SEC. 2. PURPOSES.

    It is the purpose of this Act to--
            (1) intensify research that may result in improved
        understanding of or treatments for diseases and other adverse
        health conditions; and
            (2) promote the derivation of pluripotent stem cell lines
        without the creation of human embryos for research purposes or
        discarding, destroying, or knowingly harming a human embryo.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Altered nuclear transfer.--The term ``altered nuclear
        transfer'' means a method for obtaining pluripotent stem cells
        using a modified form of somatic cell nuclear transfer to
        produce a biological artifact.
            (2) Biological artifact.--The term ``biological artifact''
        means an artificially created non-embryonic cellular system,
        engineered to lack the essential elements of embryogenesis but
        still capable of some cell division and growth.
            (3) Direct reprogramming of adult cells.--The term ``direct
        reprogramming of adult cells'' means a procedure whereby
        differentiated, somatic cells are restored to a more
        undifferentiated, multipotent condition. Such process is also
        known as ``dedifferentiation''.
            (4) Embryo adoption.--The term ``embryo adoption'' means
        the occurrence of a woman receiving into her uterus a human
        embryo or embryos to which neither she nor her partner has
        contributed a gamete for the purpose of child bearing.
            (5) Embryonic stem cells.--The term ``embryonic stem
        cells'' means primitive cells derived from the inner cell mass
        of the human embryo or embryos, that have the potential to
        become a wide variety of specialized cell types.
            (6) Human embryo or embryos.--The term ``human embryo or
        embryos'' includes any organism, not protected as a human
        subject under part 46 of title 45, Code of Federal Regulations,
        as of the date of enactment of this section, that is derived by
        fertilization, parthenogenesis, cloning, or any other means
        from one or more human gametes or human diploid cells.
            (7) In vitro fertilization.--The term ``in vitro
        fertilization'' means the union of an egg and sperm, where the
        event takes place outside the body and in an artificial
        environment.
            (8) Oocyte.--The term ``oocyte'' means an unfertilized
        human egg cell.
            (9) Organismically dead embryo.--The term ``organismically
        dead embryo'' means the irreversible loss of the capacity of
        continued and integrated cellular division, growth and
        differentiation.
            (10) Pluripotent cell.--The term ``pluipotent cell'' means
        a cell that can produce all the cell types of the developing
        body. Embryonic stem cells, as well as the inner cell mass
        cells of the blastocyst, are pluripotent cells.
            (11) Pluripotent stem cells.--The term ``pluripotent stem
        cells'' means precursor cells that are capable both of
        perpetuating themselves as stem cells and of producing all or
        almost all the cell types of the developing body, and that have
        functional capacity (stable pluripotency) as an embryonic stem
        cell, though not necessarily the same origin.
            (12) Review board.--The term ``Review Board'' means the
        National Stem Cell Review Board established under section 5.
            (13) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.
            (14) Stem cell line.--The term ``stem cell line'' means
        stem cells which have been cultured under in vitro conditions
        that allow proliferation without differentiation from months to
        years.

SEC. 4. PROVISION OF FEDERAL FUNDING.

    (a) Basic and Applied Research.--
            (1) In general.--The Secretary shall conduct and support
        basic and applied research to develop techniques for the
        isolation, derivation, production, or testing of pluripotent
        stem cells that have the flexibility of embryonic stem cells
        (whether or not they have an embryonic source), and may result
        in improved understanding of or treatments for diseases and
        other adverse health conditions, provided that such isolation,
        derivation, production, or testing will not involve--
                    (A) the creation of a human embryo or embryos for
                research purposes; or
                    (B) the destruction or discarding of a human embryo
                or embryos, or knowingly subjecting a human embryo or
                embryos to risk of injury or death greater than that
                allowed for research on fetuses in utero under section
                498(b) of this Act and section 46.204(b) of title 45,
                Code of Federal Regulations.
            (2) Inclusions.--Research under paragraph (1) may include--
                    (A) Methods that use--
                            (i) cells derived from altered nuclear
                        transfer; or
                            (ii) cells derived from organismically dead
                        embryos; and
                    (B) the investigation of evidence for pluripotent
                potential in adult stem cells from various sources; or
                    (C) the direct reprogramming of adult cells, the
                derivation of stem cells from human germ cells, and
                other methods that do not harm or destroy a human
                embryo or embryos and that are certified by the Review
                Board.
    (b) Limitations.--If any research described in subsection (a) is
determined by the Secretary to create an embryo or embryos for research
purposes, or harm or destroy a human embryo or embryos, such research
shall immediately be terminated until such determination is reviewed
and resolved to the satisfaction of the Review Board.
    (c) Guidelines.--Not later than 90 days after the date of the
enactment of this section, the Secretary, after consultation with the
Director, shall issue final guidelines that--
            (1) provide guidance concerning the next steps required for
        additional research, which shall include a determination of the
        extent to which specific techniques may require additional
        basic or animal research to ensure that any research involving
        human cells using these techniques would clearly be consistent
        with subsection (a);
            (2) prioritize research with the greatest potential for
        near-term clinical benefit; and
            (3) consistent with subsection (a), take into account
        techniques outlined by the President's Council on Bioethics and
        any other appropriate techniques and research.
    (d) Reporting Requirements.--Not later than January 1 of each year,
the Secretary shall prepare and submit to the appropriate committees of
the Congress a report describing the activities carried out under this
section during the fiscal year, including a description of the research
conducted under this section.
    (e) Rule of Construction.--Nothing in this section shall be
construed as altering the policy in effect on the date of enactment of
this section regarding the eligibility of stem cell lines for funding
by the National Institutes of Health.

SEC. 5. NATIONAL STEM CELL RESEARCH REVIEW BOARD.

    (a) In General.--There shall be established within the Department
of Health and Human Services a board to be known as the ``National Stem
Cell Research Review Board'' which shall be responsible for--
            (1) monitoring research to ensure that it is in compliance
        with the principles of this Act;
            (2) prioritizing research with the greatest potential for
        near term benefits;
            (3) ensuring fair consideration of both embryonic stem cell
        and adult stem cell research for funding; and
            (4) completing their duties under this section in a timely
        matter to promote rather than hinder appropriate research.
    (b) Composition.--
            (1) In general.--The Review Board shall be composed of 11
        individuals, to be appointed by the Secretary.
            (2) Requirements.--The members appointed under paragraph
        (1) shall include--
                    (A) scientists or physicians with relevant
                expertise (including areas of assisted reproduction,
                developmental biology, and clinical medicine),
                including scientists that are not directly engaged in
                the research considered by the Board;
                    (B) ethicists or professionals from other
                disciplines with a specialized ability to interpret the
                moral justifications and implications of the research
                considered by the Board;
                    (C) members or advisors familiar with relevant
                national legal statutes governing the research
                considered by the Board; and
                    (D) community members, unaffiliated with the
                institutions involved through employment or other
                remunerative relationships, who are objective and
                reasonably familiar with the views and needs of
                research subjects, patients and patient communities who
                could be benefitted or harmed by stem cell research,
                and community standards.
            (3) Terms of office.--
                    (A) In general.--The term of office of a member of
                a the Review Board appointed under paragraph (1) shall
                be 4 years, except that any member appointed to fill a
                vacancy for an unexpired term shall serve for the
                remainder of such term. The Secretary shall ensure that
                appointments are made to the Board in such a manner as
                to ensure that the terms of the members not all expire
                in the same year and that not all members' terms concur
                with the 4-year Presidential term. A member of the
                Board may serve after the expiration of such member's
                term until a successor has been appointed and taken
                office.
                    (B) Time for appointment.--If a vacancy occurs
                among the members of the Review Board, the Secretary
                shall ensure that an appointment to fill such vacancy
                occurs within 90 days from the date the vacancy occurs.
    (c) Limitation.--The Review Board shall not be responsible for
dispersing funds. The Board shall ensure that funds which are to be
provided by the Federal Government are being used appropriately and
under the provisions of this Act.
    (d) Additional Administrative Provisions.--
            (1) Compensation.--Members of the Review Board who are
        officers or employees of the United States shall not receive
        any compensation for service on the Board. The remaining
        members of the Board shall receive, for each day (including
        travel time) they are engaged in the performance of the
        functions of the advisory council, compensation at rates not to
        exceed the daily equivalent to the annual rate in effect for
        grade GS-15 of the General Schedule.
            (2) Executive secretary and staff.--The Review Board may
        appoint an individual to serve as the Executive Secretary of
        the Board. The Secretary shall make available to the Board such
        staff, information, and other assistance as it may require to
        carry out its functions.

SEC. 6. INFORMED CONSENT PROVISIONS.

    (a) Purpose.--It is the purpose of this section to ensure that
individuals are empowered to make voluntary and informed decisions
regarding the use of human embryo or embryos created using their
biological materials or their oocytes.
    (b) Timing of Consent.--Consent from an individual for the donation
of materials for research described in this Act shall be obtained from
such individual, in writing, at the time of the proposed transfer of
the donated materials from the storage site to the research team.
    (c) Provision of Information to Donors.--At the time that the
consent described in subsection (b) is given, the donor shall be
informed, verbally and in writing, that the donor retains the right to
withdraw such consent until such time as the donated materials involved
are actually utilized in research.

SEC. 7. PRIVACY.

    Provisions protecting individually identifiable information under
the regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2
note) shall apply to donors under this Act.

SEC. 8. PROHIBITION ON PROFITEERING FROM COMMERCE IN EMBRYOS, HUMAN
              OVUMS, OR EMBRYONIC STEM CELL LINES.

    (a) No Valuable Consideration.--Section 301 of the National Organ
Transplant Act (42 U.S.C. 274e) is amended--
            (1) in subsection (a), by inserting ``, human ovum, human
        blastocyst, human embryo, or stem cell derived from a human
        embryo'' after ``any human organ''; and
            (2) in subsection (c)(2)--
                    (A) by striking ``human organ'' each place the term
                appears and inserting ``human organ, human ovum, human
                blastocyst, human embryo, or stem cell derived from a
                human embryo''; and
                    (B) by inserting ``, ovum, blastocyst, embryo, or
                stem cell'' after ``the organ''.
    (b) No Profits From Therapies That Destroy Human Embryos.--Part H
of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is
amended by adding at the end the following:

``SEC. 498D. REQUIREMENTS FOR RESEARCH INVOLVING HUMAN EMBRYOS.

    ``(a) Ensuring Access to Affordable Treatments.--
            ``(1) In general.--It shall be unlawful for any person to
        knowingly receive any valuable consideration for any therapy
        that--
                    ``(A) affects interstate commerce or is funded, in
                full or in part, by Federal assistance; and
                    ``(B) utilizes cells from a human embryo, if the
                process of deriving such cells destroyed the embryo.
            ``(2) Definition of valuable consideration.--In this
        subsection, the term `valuable consideration' does not include
        the reasonable production and administrative costs associated
        with developing a therapy described in paragraph (1).''.

SEC. 9. FUNDING FOR STEM CELL RESEARCH.

    (a) In General.--There is authorized to be appropriated to carry
out this Act, $5,000,000,000 for the period beginning with fiscal year
2008 and ending with fiscal year 2017.
    (b) Distribution of Funds.--
            (1) In general.--Not less than 90 percent of the amount
        appropriated in each fiscal year under subsection (a) shall be
        allocated by the Secretary for the research and administrative
        costs described in this Act.
            (2) Remainder.--Not more than 10 percent of the amount
        appropriated in each fiscal year under subsection (a) shall be
        allocated by the Secretary for--
                    (A) the Federal promotion of human embryo or
                embryos adoption from in vitro fertilization clinics;
                    (B) research towards prevention and medical
                treatment of genetic conditions consistent with this
                Act that do not involve harming or destroying human
                embryos in order to promote the health of the
                population; and
                    (C) research to advance the understanding of
                clinical techniques to minimize the creation of human
                embryo or embryos that remain unimplanted after
                clinical in vitro fertilization treatments.

Output:
Hope Offered through Principled, Ethically-Sound Stem Cell Research Act or the HOPE Act - Requires the Secretary of Health and Human Services to conduct and support research to develop techniques for the isolation, derivation, production, or testing of pluripotent stem cells that have the flexibility of embryonic stem cells and that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, provided that such techniques do not involve: (1) the creation of a viable human embryo for research purposes; (2) the destruction or discarding of a human embryo; or (3) knowingly subjecting a human embryo to risk of injury or death greater than that allowed on fetuses in utero.

Establishes the National Stem Cell Research Review Board to: (1) monitor research to ensure that it is in compliance with this Act; (2) prioritize research with the greatest potential for near term benefits; and (3) ensure fair consideration of both embryonic and adult stem cell research for funding.

Sets forth consent requirements for the donation of materials for research.

Applies federal provisions protecting individually identifiable health information to donors.

Amends the National Organ Transplant Act to prohibit the transfer of any human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo for valuable consideration.

Amends the Public Health Service Act to prohibit any person from knowingly receiving any valuable consideration for any therapy that: (1) affects interstate commerce or is funded by federal assistance; and (2) utilizes cells from a human embryo if the process of deriving such cells destroyed the embryo.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Health Center Volunteer
Provider Protection Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) As there are over 45,000,000 individuals lacking health
        insurance or who have inadequate health care coverage in the
        United States, health centers under section 330 of the Public
        Health Service Act (42 U.S.C. 254b), including community health
        centers, are increasingly called upon to provide care to the
        uninsured and underinsured.
            (2) These health centers are being challenged by increasing
        financial pressures that jeopardize their ability to provide
        access to health services for a number of large medically
        underserved populations, including the elderly, the uninsured,
        and lower-income individuals.
            (3) Granting volunteer physician liability coverage through
        the program under section 224(g) of the Public Health Service
        Act (relating to the provisions of title 28, United States
        Code, that are commonly referred to as the Federal Tort Claims
        Act) (42 U.S.C. 233(g)) would significantly increase the number
        of physicians available onsite at such health centers. Federal
        studies have concluded that by offering liability coverage,
        such centers are able to redirect funds to recruit full-time
        physicians and provide needed health care services to their
        communities.
            (4) In addition, an increase in volunteer physicians at the
        health centers will result in a direct improvement in the
        ability of the centers to offer quality health care services
        where the services are needed most.

SEC. 3. HEALTH CENTERS UNDER PUBLIC HEALTH SERVICE ACT; LIABILITY
              PROTECTIONS FOR VOLUNTEER PRACTITIONERS.

    (a) In General.--Section 224 of the Public Health Service Act (42
U.S.C. 233) is amended--
            (1) in subsection (g)(1)(A)--
                    (A) in the first sentence, by striking ``or
                employee'' and inserting ``employee, or (subject to
                subsection (k)(4)) volunteer practitioner''; and
                    (B) in the second sentence, by inserting ``and
                subsection (k)(4)'' after ``subject to paragraph (5)'';
                and
            (2) in each of subsections (g), (i), (j), (k), (l), and
        (m), by striking ``employee, or contractor'' each place such
        term appears and inserting ``employee, volunteer practitioner,
        or contractor''.
    (b) Applicability; Definition.--Section 224(k) of the Public Health
Service Act (42 U.S.C. 233(k)) is amended by adding at the end the
following paragraph:
    ``(4)(A) Subsections (g) through (m) apply with respect to
volunteer practitioners beginning with the first fiscal year for which
an appropriations Act provides that amounts in the fund under paragraph
(2) are available with respect to such practitioners.
    ``(B) For purposes of subsections (g) through (m), the term
`volunteer practitioner' means a practitioner who, with respect to an
entity described in subsection (g)(4), meets the following conditions:
            ``(i) The practitioner is a licensed physician or a
        licensed clinical psychologist.
            ``(ii) At the request of such entity, the practitioner
        provides services to patients of the entity, at a site at which
        the entity operates or at a site designated by the entity. The
        weekly number of hours of services provided to the patients by
        the practitioner is not a factor with respect to meeting
        conditions under this subparagraph.
            ``(iii) The practitioner does not for the provision of such
        services receive any compensation from such patients, from the
        entity, or from third-party payors (including reimbursement
        under any insurance policy or health plan, or under any Federal
        or State health benefits program).''.

SEC. 4. STUDY ON ADEQUACY OF FUNDING FOR COVERAGE.

    (a) Study.--The Comptroller General of the United States shall
conduct a study concerning the adequacy of funding for liability
coverage through the program under section 224(g) of the Public Health
Service Act (relating to the provisions of title 28, United States
Code, that are commonly referred to as the Federal Tort Claims Act) (42
U.S.C. 233(g)) for--
            (1) public or nonprofit private entities receiving Federal
        funds for health centers under section 330 of such Act (42
        U.S.C. 254b); and
            (2) volunteer practitioners serving such health centers.
    (b) Report.--Not later than 6 months after the date of enactment of
this Act, the Comptroller General of the United States shall prepare
and submit to the appropriate committees of Congress a report
containing findings and recommendations from the study conducted under
subsection (a), including recommendations concerning the adequacy of
the funding described in subsection (a).

Output:
Community Health Center Volunteer Provider Protection Act of 2005 - Amends the Public Health Service Act to deem volunteer practitioners at health centers as employees of the Public Health Service for purposes of any civil action that may arise due to providing services to patients at such health centers.

Defines "volunteer practitioner" as a licensed physician who: (1) at the request of the entity, provides services to patients of a public or nonprofit entity receiving Federal funds for serving medically underserved areas; (2) provides such service at a site at which the entity operates or at a site designated by the entity; and (3) does not receive any compensation for the provision of services.

Requires the Comptroller General to study the adequacy of funding for liability coverage for: (1) public or nonprofit private entities receiving federal funds for health centers; and (2) volunteer practitioners serving such centers.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consultation and Coordination With
Indian Tribal Governments Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Accountable consultation process.--The term
        ``accountable consultation process'' means a process of
        government-to-government dialogue between the agency and Indian
        tribes to ensure meaningful and timely input by tribal
        officials in the formulating, amending, implementing, or
        recinding one or more policies that have tribal implications.
        The process shall ensure, at a minimum, the following:
                    (A) That tribal officials have ample opportunity to
                provide input and recommendations to the agencies
                regarding formulating, amending, implementing, or
                recinding policies that have tribal implications.
                    (B) That tribal input and recommendations are fully
                considered by the agency before policies that have
                tribal implications are formulated, amended,
                implemented, or recinded.
                    (C) That, upon the formulation, amendment,
                implementation, or recision of policies that have
                tribal implications, tribal officials shall be provided
                with written notification of the formulation,
                amendment, implementation, or recision of such policies
                and given a copy of those policies.
                    (D) That any policies that have tribal implications
                shall not become effective until at least 60 days after
                written notification to tribal officials pursuant to
                subparagraph (D).
            (2) Agency.--The term ``agency'' means the Department of
        the Interior, the Indian Health Service, and the National
        Indian Gaming Commission.
            (3) Indian tribe.--The term ``Indian tribe'' means an
        Indian or Alaska Native tribe, band, nation, pueblo, village,
        or community that the Secretary of the Interior acknowledges to
        exist as an Indian tribe pursuant to the Federally Recognized
        Indian Tribe List Act of 1994 (25 U.S.C. 479a).
            (4) Policies that have tribal implications.--The term
        ``policies that have tribal implications'' means any measure by
        the agency that has or is likely to have a direct effect on one
        or more Indian tribes, on the relationship between the Federal
        Government and Indian tribes, or on the distribution of power
        and responsibilities between the Federal Government and Indian
        tribes, such as regulations, legislative comments or proposed
        legislation, and other policy statements or actions, guidance,
        clarification, standards, or sets of principles.
            (5) Tribal officials.--The term ``tribal officials'' means
        elected or duly appointed officials of Indian tribal
        governments, or their designees.

SEC. 3. FUNDAMENTAL PRINCIPLES.

    When formulating, amending, implementing, or recinding one or more
policies that have tribal implications, an agency shall be guided by
the following fundamental principles:
            (1) The United States has a unique legal and political
        relationship with Indian tribal governments as set forth in the
        Constitution of the United States, treaties, statutes,
        Executive orders, and court decisions. The Federal Government
        has enacted numerous statutes and promulgated numerous
        regulations that establish and define a trust relationship with
        Indian tribes.
            (2) Our Nation, under the law of the United States, in
        accordance with treaties, statutes, Executive orders, and
        judicial decisions, has recognized the right of Indian tribes
        to self-government. Indian tribes exercise inherent sovereign
        powers over their members and territory. The United States
        continues to work with Indian tribes on a government-to-
        government basis to address issues concerning Indian tribal
        self-government, tribal trust resources, and Indian tribal
        treaty and other rights.
            (3) The United States recognizes the right of Indian tribes
        to self-government and supports tribal sovereignty and self-
        determination.

SEC. 4. POLICYMAKING CRITERIA.

    In addition to adhering to the fundamental principles set forth in
section 3, when formulating, amending, implementing, or recinding one
or more policies that have tribal implications each agency shall adhere
to the following criteria:
            (1) Each agency shall respect Indian tribal self-government
        and sovereignty, honor tribal treaty and other rights, and
        strive to meet the responsibilities that arise from the unique
        legal and political relationship between the Federal Government
        and Indian tribal governments.
            (2) With respect to Federal statutes and regulations
        administered by Indian tribal governments, each agency shall
        ensure Indian tribal governments the maximum administrative
        discretion possible.
            (3) Each agency shall--
                    (A) encourage Indian tribes to develop their own
                policies to achieve program objectives;
                    (B) to the extent they do not violate other
                applicable laws, defer to Indian tribes to establish
                standards; and
                    (C) in determining whether to establish Federal
                standards, consult with tribal officials as to the need
                for Federal standards and any alternatives that would
                limit the scope of Federal standards or otherwise
                preserve the prerogatives and authority of Indian
                tribes.

SEC. 5. CONSULTATION.

    Each agency shall have an accountable consultation process. Not
later than 30 days after the date of the enactment of this Act, the
head of each agency shall designate an official with principal
responsibility for the agency's implementation of this Act. Not later
than 60 days after the date of the enactment of this Act, the
designated official shall submit a description of the agency's
accountable consultation process to the Committee on Natural Resources
of the House of Representative and the Committee on Indian Affairs of
the Senate.

SEC. 6. UNFUNDED MANDATES.

    To the extent practicable and permitted by law, no agency shall
formulate, amend, or implement any policy that has tribal implications
that imposes substantial direct compliance costs on Indian tribal
governments and is not required by Federal law unless--
            (1) funds necessary to pay the substantial direct costs
        incurred by the Indian tribal government or the Indian tribe in
        complying with the policy are provided by the Federal
        Government; or
            (2) the agency, before the implementation of the policy--
                    (A) consulted through the accountable consultation
                process with tribal officials early in the process of
                developing the proposed policy; and
                    (B) in a separately identified portion of the
                preamble to the policy, provided to the Committee on
                Natural Resources of the House of Representative, the
                Committee on Indian Affairs of the Senate, and affected
                Indian tribes a tribal summary impact statement
                containing--
                            (i) a description of the extent of the
                        agency's prior consultation with tribal
                        officials;
                            (ii) a summary of the nature of the
                        concerns of the tribal officials and the
                        agency's position supporting the need to issue
                        the regulation; and
                            (iii) a statement of the extent to which
                        the concerns of tribal officials have been met.

SEC. 7. TRIBAL SELF-GOVERNMENT, TRIBAL TRUST RESOURCES, OR INDIAN
              TRIBAL TREATY AND OTHER RIGHTS.

    On issues relating to tribal self-government, tribal trust
resources, or Indian tribal treaty and other rights, each agency shall
explore and, where appropriate, use consensual mechanisms for
developing policies, including consideration of negotiated rulemaking.

SEC. 8. PREEMPTION OF TRIBAL LAW.

    To the extent practicable and permitted by law, no agency shall
establish or implement any policy that has tribal implications and that
preempts tribal law unless the agency, before the implementation of the
policy--
            (1) consulted through the accountable consultation process
        with tribal officials in development of the proposed policy;
        and
            (2) in a separately identified portion of the preamble to
        the policy, provided to the Committee on Natural Resources of
        the House of Representative, the Committee on Indian Affairs of
        the Senate, and affected Indian tribes a tribal summary impact
        statement containing--
                    (A) a description of the extent of the agency's
                prior consultation with tribal officials;
                    (B) a summary of the nature of the concerns of the
                tribal officials and the agency's position supporting
                the need to issue the regulation; and
                    (C) a statement of the extent to which the concerns
                of tribal officials have been met.

SEC. 9. INCREASING FLEXIBILITY FOR INDIAN TRIBAL WAIVERS.

    (a) Review; Streamlining of Waiver Process.--Each agency shall
review the processes under which Indian tribes apply for waivers of
statutory and regulatory requirements and take appropriate steps to
streamline those processes.
    (b) Flexible Policy Approaches.--Each agency shall, to the extent
practicable and not in violation with other Federal laws, consider any
application by an Indian tribe for a waiver of statutory or regulatory
requirements in connection with any program administered by the agency
with a general view toward increasing opportunities for using flexible
policy approaches at the Indian tribal level in cases in which the
proposed waiver is consistent with the applicable Federal policy
objectives and is otherwise appropriate.
    (c) Decision on Application for Waiver.--Each agency shall, to the
extent practicable and not in violation with other Federal laws, render
a decision upon a complete application for a waiver not later than 120
days of receipt of such application by the agency, or as otherwise
provided by Federal law or regulation. If the application for waiver is
not granted, the agency shall provide the applicant with timely written
notice of the decision and the reasons therefor.
    (d) Applicability of Section.--This section applies only to
statutory or regulatory requirements that are discretionary and subject
to waiver by the agency.

Output:
Consultation and Coordination with Indian Tribal Governments Act - Requires the Department of the Interior, the Indian Health Service, and the National Indian Gaming Commission, when formulating, amending, implementing, or rescinding policies that have tribal implications, to adhere to certain fundamental principles and policymaking criteria, including that the United States: (1) has a unique legal and political relationship with Indian tribal governments; (2) recognizes the right of Indian tribes to self government; and (3) shall encourage Indian tribes to develop their own policies to meet program objectives.

Prohibits such entities from formulating, amending, or implementing policies that impose substantial direct compliance costs on Indian tribal governments and are not required by federal law, unless: (1) funds necessary to pay such costs are provided by the federal government; or (2) the entities consulted with tribal officials early in the process of developing the proposed policy and provided a tribal summary impact statement to specified congressional committees and affected tribes.

Requires such entities to have accountable consultation processes and to explore and use consensual mechanisms for developing policies on issues relating to tribal self-government, tribal trust resources, or Indian tribal treaty and other rights. Prohibits such entities from implementing policies that have tribal implications and that preempt tribal law unless the entities: (1) consulted with tribal officials in the policy's development; and (2) provided to specified congressional committees and affected Indian tribes a tribal summary impact statement.

Sets forth provisions concerning the process for Indian tribes applying for waivers from requirements.