Input:
SECTION 1. DEVELOPMENT AND USE OF PATIENT EXPERIENCE DATA TO ENHANCE
              STRUCTURED RISK-BENEFIT ASSESSMENT FRAMEWORK.

    (a) In General.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended--
            (1) in subsection (d), by striking ``The Secretary shall
        implement'' and all that follows through ``premarket approval
        of a drug.''; and
            (2) by adding at the end the following new subsections:
    ``(x) Structured Risk-Benefit Assessment Framework.--
            ``(1) In general.--The Secretary shall implement a
        structured risk-benefit assessment framework in the new drug
        approval process--
                    ``(A) to facilitate the balanced consideration of
                benefits and risks; and
                    ``(B) to develop and implement a consistent and
                systematic approach to the discussion of, regulatory
                decisionmaking with respect to, and the communication
                of, the benefits and risks of new drugs.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall
        alter the criteria for evaluating an application for premarket
        approval of a drug.
    ``(y) Development and Use of Patient Experience Data To Enhance
Structured Risk-Benefit Assessment Framework.--
            ``(1) In general.--Not later than two years after the date
        of the enactment of this subsection, the Secretary shall
        establish and implement processes under which--
                    ``(A) an entity seeking to develop patient
                experience data may submit to the Secretary--
                            ``(i) initial research concepts for
                        feedback from the Secretary; and
                            ``(ii) with respect to patient experience
                        data collected by the entity, draft guidance
                        documents, completed data, and summaries and
                        analyses of such data;
                    ``(B) the Secretary may request such an entity to
                submit such documents, data, and summaries and
                analyses; and
                    ``(C) patient experience data may be developed and
                used to enhance the structured risk-benefit assessment
                framework under subsection (x).
            ``(2) Patient experience data.--In this subsection, the
        term `patient experience data' means data collected by
        patients, parents, caregivers, patient advocacy organizations,
        disease research foundations, medical researchers, research
        sponsors or other parties determined appropriate by the
        Secretary that is intended to facilitate or enhance the
        Secretary's risk-benefit assessments, including information
        about the impact of a disease or a therapy on patients'
        lives.''.
    (b) Guidance.--
            (1) In general.--The Secretary of Health and Human Services
        shall publish guidance on the implementation of subsection (y)
        of section 505 of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 355), as added by subsection (a). Such guidance shall
        include--
                    (A) with respect to draft guidance documents, data,
                or summaries and analyses submitted to the Secretary
                under paragraph (1)(A) of such subsection, guidance--
                            (i) specifying the timelines for the review
                        of such documents, data, or summaries and
                        analyses by the Secretary; and
                            (ii) on how the Secretary will use such
                        documents, data, or summaries and analyses to
                        update any guidance documents published under
                        this subsection or publish new guidance;
                    (B) with respect to the collection and analysis of
                patient experience data (as defined in paragraph (2) of
                such subsection (y)), guidance on--
                            (i) methodological considerations for the
                        collection of patient experience data, which
                        may include structured approaches to gathering
                        information on--
                                    (I) the experience of a patient
                                living with a particular disease;
                                    (II) the burden of living with or
                                managing the disease;
                                    (III) the impact of the disease on
                                daily life and long-term functioning;
                                and
                                    (IV) the effect of current
                                therapeutic options on different
                                aspects of the disease; and
                            (ii) the establishment and maintenance of
                        registries designed to increase understanding
                        of the natural history of a disease;
                    (C) methodological approaches that may be used to
                assess patients' beliefs with respect to the benefits
                and risks in the management of the patient's disease;
                and
                    (D) methodologies, standards, and potential
                experimental designs for patient-reported outcomes.
            (2) Timing.--Not later than three years after the date of
        the enactment of this Act, the Secretary of Health and Human
        Services shall issue draft guidance on the implementation of
        subsection (y) of section 505 of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 355), as added by subsection (a). The
        Secretary shall issue final guidance on the implementation of
        such subsection not later than one year after the date on which
        the comment period for the draft guidance closes.
            (3) Workshops.--
                    (A) In general.--Not later than 6 months after the
                date of the enactment of this Act and once every 6
                months during the following 12-month period, the
                Secretary of Health and Human Services shall convene a
                workshop to obtain input regarding methodologies for
                developing the guidance under paragraph (1), including
                the collection of patient experience data.
                    (B) Attendees.--A workshop convened under this
                paragraph shall include--
                            (i) patients;
                            (ii) representatives from patient advocacy
                        organizations, biopharmaceutical companies, and
                        disease research foundations;
                            (iii) representatives of the reviewing
                        divisions of the Food and Drug Administration;
                        and
                            (iv) methodological experts with
                        significant expertise in patient experience
                        data.
            (4) Public meeting.--Not later than 90 days after the date
        on which the draft guidance is published under this subsection,
        the Secretary of Health and Human Services shall convene a
        public meeting to solicit input on the guidance.

Output: This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to establish processes under which: (1) an entity seeking to develop patient experience data may submit initial research concepts for feedback; (2) the FDA may request or receive from such an entity draft guidance documents, data, and summaries and analyses of data; and (3) patient experience data may be considered in the risk-benefit assessment of a new drug.  “Patient experience data” is data collected by patients or others that is intended to facilitate the FDA's risk-benefit assessments, including information about the impact of a disease or a therapy on patients' lives. The FDA must convene workshops and publish guidance on the patient experience data processes described above.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Employment and
Education Enhancement Act of 2001''.

SEC. 2. FINDINGS.

            (1) The authorizations of most programs providing Federal
        aid to elementary and secondary education, and support for
        educational research, statistics, and assessment activities,
        including programs under the Elementary and Secondary Education
        Act of 1965 (ESEA), the Goals 2000: Educate America Act (Goals
        2000), the Educational Research, Development, Dissemination,
        and Improvement Act of 1994 (ERDDIA), and the National
        Education Statistics Act of 1994 (NESA), expired during the
        106th Congress.
            (2) The reauthorization of the Elementary and Secondary
        Education Act of 1965 is likely to occur during the 107th
        Congress.
            (3) The programs authorized under the Elementary and
        Secondary Education Act of 1965, the Goals 2000: Educate
        America Act, the Educational Research, Development,
        Dissemination, and Improvement Act of 1994, and the National
        Education Statistics Act of 1994, constitute the majority of
        Federal grants for elementary and secondary education.
            (4) The business community, and small businesses in
        particular, have an important stake in the education of our
        Nation's youth.
            (5) One of the most fundamental needs that any growing
        business will ever face is the need for employees with basic
        skills.
            (6) Concerns have been expressed by the small business
        community that students are not graduating with adequate basic
        skills in reading, writing, mathematics, and science that allow
        the students to succeed in today's workplace or become the
        entrepreneurs of tomorrow.
            (7) A 1999 American Management Association survey on
        workplace testing found that--
                    (A) approximately 36 percent of employees tested
                for basic skills (reading, writing and mathematics)
                were found to be deficient;
                    (B) small businesses had deficiency rates well
                above the national average; and
                    (C) 60 percent of American Management Association
                member companies reported that the availability of
                skilled manpower was scarce, and 67 percent believe
                that the shortages will continue.
            (8) A 1999 National Federation of Independent Business
        report found that 18 percent of the members reported finding
        qualified labor is the most important problem facing their
        business.
            (9) A 1999 poll of the United States Chambers of Commerce
        found that 83 percent of the members reported the ability (or
        lack thereof) to get qualified workers is among the members'
        biggest concerns, and 53 percent of the members said education
        is the single most pressing public policy issue for the
        members.
            (10) The growth of high-skilled jobs is outpacing growth in
        all other fields.
            (11) Small business is the driving force behind our
        Nation's economy.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) locally-driven initiatives to improve education are
        crucial;
            (2) the views of small business should be taken into
        account in the debate over education;
            (3) in order to create jobs, our Nation must encourage
        small business expansion and foster small business
        entrepreneurship and job creation, and education initiatives
        are key to this effort;
            (4) the Department of Education should facilitate the
        sharing of ideas and best practices at the State and local
        level, particularly with respect to partnerships between small
        businesses and school systems; and
            (5) when and where Department of Education approval of a
        program or proposal is required, the Department of Education
        should expedite approval of such programs or proposals.

SEC. 4. INFORMATION DISSEMINATION AND SHARING.

    The Secretary of Education shall disseminate information and
facilitate the sharing of information designed to assist small
businesses in working with school systems to improve the education
system through publication of guidance materials, best practices,
checklists, and other formats on the World Wide Web, in Department of
Education publications and articles, in letters, through links to other
related World Wide Web sites, through public service announcements, and
through other means at the Department's disposal.

SEC. 5. DEPARTMENT OF EDUCATION CLEARINGHOUSE FOR INFORMATION.

    The Secretary of Education shall establish a centralized database
of materials to act as a clearinghouse for information on successful
initiatives and best practices regarding the involvement of small
businesses in education. The clearinghouse shall receive, collect,
process, assemble, and disseminate reliable information, including
innovative, successful activities with a proven track record at the
State and local level.

SEC. 6. OFFICE OF SMALL BUSINESS EDUCATION.

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

``SEC. 220. OFFICE OF SMALL BUSINESS EDUCATION.

    ``(a) There shall be in the Department an Office of Small Business
Education (hereafter in this section referred to as the `Office'), to
be administered by the Director of Small Business Education. The
Director of Small Business Education shall report directly to the
Secretary and shall perform such additional functions as the Secretary
may prescribe.
    ``(b) The Director of Small Business Education, through the Office,
shall--
            ``(1) review the needs of small businesses and the
        contributions the small business community may make with
        respect to efforts to improve education;
            ``(2) promote efforts to address the needs of small
        businesses though education programs;
            ``(3) work to remove impediments to partnerships between
        school systems and small businesses; and
            ``(4) propose solutions to education-related problems
        facing small businesses.''.

SEC. 7. TECHNICAL ASSISTANCE.

    (a) In General.--The Director of the Office of Small Business
Education shall provide technical assistance to small businesses, small
business organizations, school systems, and communities working
cooperatively to improve education outcomes.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2001 and each of the 4 succeeding fiscal years.

SEC. 8. TAX CREDIT FOR QUALIFIED EDUCATION OPPORTUNITY EXPENSES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:

``SEC. 45E. SMALL BUSINESS EDUCATION OPPORTUNITY CREDIT.

    ``(a) General Rule.--For purposes of section 38, in the case of a
small business, the small business education opportunity credit
determined under this section for the taxable year is an amount equal
to 15 percent of qualified education opportunity credit expenses paid
or incurred by the taxpayer during the taxable year.
    ``(b) Qualified Education Opportunity Expenses.--For purposes of
this section--
            ``(1) In general.--The term `qualified education
        opportunity expenses' means an amount paid or incurred in
        connection with an eligible work study program, including--
                    ``(A) administrative expenses of the taxpayer, and
                    ``(B) remuneration paid to participants in such
                program for services performed by such participant.
            ``(2) Eligible work study program.--The term `eligible work
        study program' means a written program--
                    ``(A) approved by the appropriate State educational
                agency, and
                    ``(B) involving a partnership with a secondary
                school to provide work study and internship
                opportunities for eligible individuals.
            ``(3) Eligible individual.--The term `eligible individual'
        means an individual who is--
                    ``(A) a full-time student in a secondary school, or
                    ``(B) a full-time teacher in a secondary school.
            ``(4) Exceptions.--Such term does not include--
                    ``(A) expenses for which any other Federal or State
                credit or payment is made, or
                    ``(B) expenses paid or incurred for a professional
                conference or for an orientation program.
    ``(c) Definitions; Special Rules.--
            ``(1) Secondary school.--For purposes of this section, the
        term `secondary school' has the meaning given such term by
        section 14101 of the Elementary and Secondary Education Act of
        1965 (20 U.S.C. 8801), as in effect on the date of enactment of
        this section.
            ``(2) Special rules.--Rules similar to the rules of
        subsections (c), (d), and (e) of section 52 shall apply for
        purposes of this section.
            ``(3) Aggregation rules.--All persons treated as a single
        employer under subsection (a) or (b) of section 52 or
        subsection (m) or (o) of section 414 shall be treated as one
        person for purposes of subsection (a).
    ``(d) Denial of Double Benefit.--No deduction or credit shall be
allowed under this chapter (other than a credit under this section) for
any amount taken into account in determining the credit under this
section.''.
    (b) Limitation on Carryback.--Section 39(d) of the Internal Revenue
Code of 1986 (relating to transition rules) is amended by adding at the
end the following new paragraph:
            ``(10) No carryback of small business education opportunity
        credit before effective date.--No portion of the unused
        business credit for any taxable year which is attributable to
        the small business education opportunity credit determined
        under section 45E may be carried to a taxable year ending
        before the date of the enactment of section 45E.''.
    (c) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended by
striking ``plus'' at the end of paragraph (12), by striking the period
at the end of paragraph (13) and inserting ``, plus'', and by adding at
the end the following new paragraph:
            ``(14) the small business education opportunity credit
        determined under section 45E(a).''.
    (d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45D the
following new item:

                              ``Sec. 45E. Small business education
                                        opportunity credit.''.
    (e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

SEC. 9. STUDY AND REPORT.

    (a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Education shall conduct a study
and submit to Congress a report regarding the challenges facing small
businesses in obtaining workers with adequate skills.
    (b) Contents.--The report shall include the following:
            (1) Information on the shortage, if any, of workers with
        adequate skills in the small business sector.
            (2) An assessment of the impact on small business of the
        shortage, if any.
            (3) The costs to small businesses associated with the
        shortage, if any.
            (4) The recommendations of the Secretary, if any, on how to
        address the challenges facing small businesses due to the
        shortage, if any, of workers with adequate skills.

Output: Small Business Employment and Education Enhancement Act of 2001 - Expresses the sense of Congress regarding: (1) locally-driven initiatives to improve education; (2) consideration of the views of small business concerning education; (3) education initiatives as key to fostering small business expansion, entrepreneurship, and job creation; (4) Department of Education facilitation of the sharing of ideas and best practices at State and local levels, particularly with respect to partnerships between small businesses and school systems; and (5) the expediting of the Department's approval of programs or proposals.Directs the Secretary of Education to: (1) disseminate information and facilitate the sharing of information designed to assist small businesses in working with school systems to improve the education system through specified means, including the Internet World Wide Web; (2) establish a centralized database of materials to act as a clearinghouse for information on successful initiatives and best practices regarding the involvement of small businesses in education; and (3) study and report to Congress on the challenges facing small businesses in obtaining workers with adequate skills.Amends the Department of Education Organization Act to establish an Office of Small Business Education, administered by a Director, to: (1) review the needs of small businesses and the contributions the small business community may make with respect to efforts to improve education; (2) promote efforts to address the needs of small businesses though education programs; (3) work to remove impediments to partnerships between school systems and small businesses; and (4) propose solutions to education-related problems facing small businesses.Requires the Director to provide technical assistance to small businesses, small business organizations, school systems, and communities working cooperatively to improve education outcomes.Amends the Internal Revenue Code to establish a small business education opportunity tax credit for qualified education opportunity expenses.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicaid Fraud Recovery Act of
2008''.

SEC. 2. PROMOTING MEDICAID FRAUD INVESTIGATIONS AND PROSECUTIONS BY
              LOCAL GOVERNMENTS.

    (a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by adding at the end the following new subsection:
    ``(aa) Use and Funding of Local Fraud Units.--
            ``(1) In general.--Nothing in this title shall be construed
        as preventing a county or other local government from
        establishing a local fraud investigative unit to investigate
        and prosecute provider and recipient fraud under this title
        within the jurisdiction of such local government.
            ``(2) State recognition and funding of local units.--In the
        case of the establishment by a local government of a local
        fraud investigative unit in a State under paragraph (1), the
        State shall provide in its State plan under this title the
        following:
                    ``(A) Recognition of unit.--The plan shall
                recognize such a unit and permit its operations in
                accordance with this subsection and may not establish
                internal procedures that prevent such a unit from being
                recognized or functioning.
                    ``(B) Data sharing required.--The Department of
                Health of the State and any administrative unit
                responsible for claims administration under this title
                in the State shall make available to such unit all data
                relating to this title in the area of such unit.
                    ``(C) Pass-through payment of ffp.--The State shall
                provide for payment, on a pass-through basis, to the
                local government of the Federal financial participation
                received by the State under section 1903(a) which is
                attributable to expenses of such unit.
                    ``(D) Repayment of local share in case of
                recoupment.--In the case of a State in which local
                governments are responsible for paying a portion of
                medical assistance expenses, if there is a recoupment
                of funds under the State plan and--
                            ``(i) the recoupment was a result of
                        activities of such a unit of local government,
                        the State shall provide for payment to the
                        local government of its original share of the
                        expenses for which the recoupment is made; or
                            ``(ii) the recoupment was not the result of
                        activities of such a local government unit, the
                        State shall provide for the payment described
                        in clause (i) to the local government unless
                        otherwise provided under an agreement between
                        the State and local government involved.
                    ``(E) Payment of bounty in case of local
                prosecution.--If funds under the plan are recouped and
                an investigation by such local unit led the recoupment
                of funds, the State shall, from its share of such
                recouped funds, provide for payment to the local
                government of a bounty equal to 10 percent of such
                recouped share.
            ``(3) Explanation for failures to prosecute.--If a State
        refuses to prosecute a case which has been referred to it by a
        local fraud investigative unit described in paragraph (1), the
        State must provide to the unit a statement that--
                    ``(A) explains the reasons for such refusal; and
                    ``(B) identifies which entity is more appropriate
                to handle the prosecution or resolution of the case and
                the reasons for selecting such entity.
            ``(4) Requirement for semi-annual reports.--As a condition
        for the provision of payments to a State (or to a locality
        under paragraph (2)(C)) under subsection (a)(6), the State or
        locality shall submit semiannual reports to the Secretary. Such
        reports shall contain such information on investigations and
        prosecutions of fraud under this title as the Secretary may
        specify.
            ``(5) Method for determination of referrals.--For purposes
        of this subsection, the State shall establish a method for
        determining whether a recoupment of funds was a result of
        activities of a unit of local government and for identifying
        cases in which a local fraud investigative unit has referred a
        case for prosecution.''.

SEC. 3. ENHANCED MEDICAID FUNDING FOR ANTI-FRAUD ACTIVITIES.

    (a) In General.--Section 1903(a)(6)(B) of the Social Security Act
(42 U.S.C. 1396b(a)(6)(B)) is amended by inserting before the semicolon
at the end the following: ``plus, not subject to the limitations of
subsection (b)(3), 66\2/3\ percent of such additional sums expended in
the quarter for fraud investigative activities, whether conducted by
such unit or by local fraud investigative units described in subsection
(aa)(1)''.
    (b) Effective Date.--The amendment made by paragraph (1) shall
apply to expenditures occurring on or after October 1, 2008.

Output: Medicaid Fraud Recovery Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to provide for: (1) use of local Medicaid fraud investigative units; and (2) enhanced Medicaid funding for anti-fraud activities by such local or state Medicaid fraud control units.


Input:
SECTION 1. LAND TRANSFER AND WITHDRAWAL, MELROSE AIR FORCE RANGE, NEW
              MEXICO, AND YAKIMA TRAINING CENTER, WASHINGTON.

    (a) Melrose Air Force Range, New Mexico.--
            (1) Transfer.--Administrative jurisdiction over the surface
        estate of the following lands is hereby transferred from the
        Secretary of the Interior to the Secretary of the Air Force:

                     new mexico principal meridian

                    T. 1 N., R. 30 E.
                            Sec. 2: S\1/2\.
                            Sec. 11: All.
                            Sec. 20: S\1/2\SE\1/4\.
                            Sec. 28: All.
                    T. 1 S., R. 30 E.
                            Sec. 2: Lots 1-12, S\1/2\.
                            Sec. 3: Lots 1-12, S\1/2\.
                            Sec. 4: Lots 1-12, S\1/2\.
                            Sec. 6: Lots 1 and 2.
                            Sec. 9: N\1/2\, N\1/2\S\1/2\.
                            Sec. 10: N\1/2\, N\1/2\S\1/2\.
                            Sec. 11: N\1/2\, N\1/2\S\1/2\.
                    T. 2 N., R. 30 E.
                            Sec. 20: E\1/2\SE\1/4\.
                            Sec. 21: SW\1/4\, W\1/2\SE\1/4\.
                            Sec. 28: W\1/2\E\1/2\, W\1/2\.
                            Sec. 29: E\1/2\E\1/2\.
                            Sec. 32: E\1/2\E\1/2\.
                            Sec. 33: W\1/2\E\1/2\, NW\1/4\, S\1/2\SW\1/
                        4\.
                    Aggregating 6,713.90 acres, more or less.
            (2) Status of surface estate.--Upon transfer of the surface
        estate of the lands described in paragraph (1), the surface
        estate shall be treated as real property subject to the Federal
        Property and Administrative Services Act of 1949 (40 U.S.C. 471
        et seq.).
            (3) Withdrawal of mineral estate.--Subject to valid
        existing rights, the mineral estate of the lands described in
        paragraph (1) is withdrawn from all forms of appropriation
        under the public land laws, including the mining laws and the
        mineral and geothermal leasing laws, but not the Act of July
        31, 1947 (commonly known as the Materials Act of 1947; 30
        U.S.C. 601 et seq.).
            (4) Use of mineral materials.--Notwithstanding any other
        provision of this subsection or the Act of July 31, 1947, the
        Secretary of the Air Force may use, without application to the
        Secretary of the Interior, the sand, gravel, or similar mineral
        material resources on the lands described in paragraph (1), of
        the type subject to disposition under the Act of July 31, 1947,
        when the use of such resources is required for construction
        needs on Melrose Air Force Range, New Mexico.
    (b) Yakima Training Center, Washington.--
            (1) Transfer.--Administrative jurisdiction over the surface
        estate of the following lands is hereby transferred from the
        Secretary of the Interior to the Secretary of the Army:

                          willamette meridian

                    T. 17 N., R. 20 E.
                            Sec. 22: S\1/2\.
                            Sec. 24: S\1/2\SW\1/4\ and that portion of
                        the E\1/2\ lying south of the Interstate
                        Highway 90 right-of-way.
                            Sec. 26: All.
                    T. 16 N., R. 21 E.
                            Sec. 4: SW\1/4\SW\1/4\.
                            Sec. 12: SE\1/4\.
                            Sec. 18: Lots 1, 2, 3, and 4, E\1/2\ and
                        E\1/2\W\1/2\.
                    T. 17 N., R. 21 E.
                            Sec. 30: Lots 3 and 4.
                            Sec. 32: NE\1/4\SE\1/4\.
                    T. 16 N., R. 22 E.
                            Sec. 2: Lots 1, 2, 3, and 4, S\1/2\N\1/2\
                        and S\1/2\.
                            Sec. 4: Lots 1, 2, 3, and 4, S\1/2\N\1/2\
                        and S\1/2\.
                            Sec. 10: All.
                            Sec. 14: All.
                            Sec. 20: SE\1/4\SW\1/4\.
                            Sec. 22: All.
                            Sec. 26: N\1/2\.
                            Sec. 28: N\1/2\.
                    T. 16 N., R. 23 E.
                            Sec. 18: Lots 3 and 4, E\1/2\SW\1/4\, W\1/
                        2\SE\1/4\, and that portion of the E\1/2\SE\1/
                        4\ lying westerly of the westerly right-of-way
                        line of Huntzinger Road.
                            Sec. 20: That portion of the SW\1/4\ lying
                        westerly of the easterly right-of-way line of
                        the railroad.
                            Sec. 30: Lots 1 and 2, NE\1/4\ and E\1/
                        2\NW\1/4\.
                    Aggregating 6,640.02 acres.
            (2) Status of surface estate.--Upon transfer of the surface
        estate of the lands described in paragraph (1), the surface
        estate shall be treated as real property subject to the Federal
        Property and Administrative Services Act of 1949 (40 U.S.C 471
        et seq.).
            (3) Withdrawal of mineral estate.--Subject to valid
        existing rights, the mineral estate of the lands described in
        paragraph (1) and of the following lands are withdrawn from all
        forms of appropriation under the public land laws, including
        the mining laws and the geothermal leasing laws, but not the
        Act of July 31, 1947 (commonly known as the Materials Act of
        1947; 30 U.S.C. 601 et seq.) and the Mineral Leasing Act (30
        U.S.C. 181 et seq.):

                          willamette meridian

                    T. 16 N., R. 20 E.
                            Sec. 12: All.
                            Sec. 18: Lot 4 and SE\1/4\.
                            Sec. 20: S\1/2\.
                    T. 16 N., R. 21 E.
                            Sec. 4: Lots 1, 2, 3, and 4, S\1/2\NE\1/2\.
                            Sec. 8: All.
                    T. 16 N., R. 22 E.
                            Sec. 12: All.
                    T. 17 N., R. 21 E.
                            Sec. 32: S\1/2\SE\1/4\.
                            Sec. 34: W\1/2\.
                    Aggregating 3,090.80 acres.
            (4) Use of mineral materials.--Notwithstanding any other
        provision of this subsection or the Act of July 31, 1947, the
        Secretary of the Army may use, without application to the
        Secretary of the Interior, the sand, gravel, or similar mineral
        material resources on the lands described in paragraphs (1) and
        (3), of the type subject to disposition under the Act of July
        31, 1947, when the use of such resources is required for
        construction needs on the Yakima Training Center, Washington.

            Passed the Senate October 5 (legislative day, September
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2757

_______________________________________________________________________

                                 AN ACT

 To provide for the transfer and other disposition of certain lands at
   Melrose Air Force Range, New Mexico, and Yakima Training Center,
                              Washington.

Output: Transfers administrative jurisdiction over the surface estate of specified public lands at Yakima Training Center, Washington, from the Secretary to the Secretary of the Army. Sets forth similar withdrawal and use requirements.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Low Volume Motor Vehicle
Manufacturers Act of 2015''.

SEC. 2. EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW VOLUME
              MANUFACTURERS.

    Section 30114 of title 49, United States Code, is amended--
            (1) by striking ``The'' and inserting ``(a) Vehicles Used
        for Particular Purposes.--The''; and
            (2) by adding at the end the following new subsection:
    ``(b) Exemption for Low Volume Manufacturers.--
            ``(1) In general.--The Secretary shall--
                    ``(A) exempt from section 30112(a) of this title
                not more than 500 replica motor vehicles per year that
                are manufactured or imported by a low volume
                manufacturer; and
                    ``(B) except as provided in paragraph (5) of this
                subsection, limit any such exemption to the Federal
                Motor Vehicle Safety Standards applicable to motor
                vehicles and not motor vehicle equipment.
            ``(2) Registration requirement.--To qualify for an
        exemption under paragraph (1), a low volume manufacturer shall
        register with the Secretary at such time, in such manner, and
        under such terms that the Secretary determines appropriate. The
        Secretary shall establish terms that ensure that no person may
        register as a low volume manufacturer if the person is
        registered as an importer under section 30141 of this title.
            ``(3) Permanent label requirement.--
                    ``(A) In general.--The Secretary shall require a
                low volume manufacturer to affix a permanent label to a
                motor vehicle exempted under paragraph (1) that
                identifies the specified standards and regulations for
                which such vehicle is exempt from section 30112(a) and
                designates the model year such vehicle replicates.
                    ``(B) Written notice.--The Secretary may require a
                low volume manufacturer of a motor vehicle exempted
                under paragraph (1) to deliver written notice of the
                exemption to--
                            ``(i) the dealer; and
                            ``(ii) the first purchaser of the motor
                        vehicle, if the first purchaser is not an
                        individual that purchases the motor vehicle for
                        resale.
                    ``(C) Reporting requirement.--A low volume
                manufacturer shall annually submit a report to the
                Secretary including the number and description of the
                motor vehicles exempted under paragraph (1) and a list
                of the exemptions described on the label affixed under
                subparagraph (A).
            ``(4) Definitions.--In this subsection:
                    ``(A) Low volume manufacturer.--The term `low
                volume manufacturer' means a motor vehicle
                manufacturer, other than a person who is registered as
                an importer under section 30141 of this title, whose
                annual worldwide production is not more than 5,000
                motor vehicles.
                    ``(B) Replica motor vehicle.--The term `replica
                motor vehicle' means a motor vehicle produced by a low
                volume manufacturer and that--
                            ``(i) is intended to resemble the body of
                        another motor vehicle that was manufactured not
                        less than 25 years before the manufacture of
                        the replica motor vehicle; and
                            ``(ii) is manufactured under a license for
                        the product configuration, trade dress,
                        trademark or patent for the motor vehicle that
                        is intended to be replicated from the original
                        manufacturer, its successors or assignees, or
                        current owner of such rights, unless there is a
                        preponderance of evidence that such rights have
                        been abandoned for at least three years.
            ``(5) Conforming amendment.--Any motor vehicle exempted
        under this subsection shall also be exempted from sections
        32304, 32502, and 32902 of this title, and from section 1232 of
        title 15 of the United States Code.
            ``(6) Limitation and public notice.--The Secretary shall
        have 60 days to review and approve a registration submitted
        under paragraph (2). Any registration not approved or denied
        within 60 days shall be deemed approved. The Secretary shall
        have the authority to revoke an existing registration based on
        a failure to comply with requirements set forth in this
        subsection. The registrant shall be provided a reasonable
        opportunity to correct all deficiencies, if such are
        correctable based on the sole discretion of the Secretary. An
        exemption granted by the Secretary to a low volume manufacturer
        under this subsection may not be transferred to any other
        person, and any unused allotment of vehicles authorized to be
        manufactured or imported on an annual basis by a low volume
        manufacturer shall not carry forward to another calendar year.
        The Secretary shall maintain and update the list of current
        registrants on an annual basis and publish such list in the
        Federal Register or on a Web page operated by the Secretary.
            ``(7) Limitation of liability for original manufacturers,
        licensors, or owners of product configuration, trade dress or
        design patents.--The original manufacturer, its successor or
        assignee, or current owner who grants a license or otherwise
        transfers rights to a low volume manufacturer as defined in
        this section shall incur no liability to any person or entity
        under Federal or State statute, regulation, local ordinance, or
        under any Federal or State common law for such license or
        assignment to a low volume manufacturer.''.

SEC. 3. VEHICLE EMISSION COMPLIANCE STANDARDS FOR LOW VOLUME MOTOR
              VEHICLE MANUFACTURERS.

    Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is
amended--
            (1) in section 206(a) by adding at the end the following
        new paragraph:
            ``(5)(A) A motor vehicle engine (including all engine
        emission controls) from a motor vehicle that has been granted a
        certificate of conformity by the Administrator for the model
        year in which the motor vehicle is assembled, or an engine that
        has been granted an Executive order for the model year in which
        the motor vehicle is assembled subject to regulations
        promulgated by the California Air Resources Board, may be
        installed in an exempted specially produced motor vehicle, if--
                    ``(i) the manufacturer of the engine supplies
                written instructions explaining how to install the
                engine and maintain functionality of the engine's
                emission control system and the on-board diagnostic
                system (commonly known as `OBD II'), except with
                respect to evaporative emissions diagnostics;
                    ``(ii) the producer of the exempted specially
                produced motor vehicle installs the engine in
                accordance with such instructions; and
                    ``(iii) the installation instructions include
                emission control warranty information from the engine
                manufacturer in compliance with section 207, including
                where warranty repairs can be made, emission control
                labels to be affixed to the vehicle, and the
                certificate of conformity number for the applicable
                vehicle in which the engine was originally intended or
                the applicable Executive order number for the engine.
            ``(B) A motor vehicle containing an engine compliant with
        the requirements of subparagraph (A) shall be treated as
        meeting the requirements of section 202 applicable to new
        vehicles manufactured or imported in the model year in which
        the exempted specially produced motor vehicle is assembled.
            ``(C) Engine installations that are not performed in
        accordance with installation instructions provided by the
        manufacturer and alterations to the engine not in accordance
        with the installation instructions shall be treated as
        prohibited acts by the installer under section 203 and subject
        to penalties under section 205.
            ``(D) The producer of an exempted specially produced motor
        vehicle that has an engine compliant with the requirements of
        subparagraph (A) shall provide to the purchaser of such vehicle
        all information received by the producer from the engine
        manufacturer, including information regarding emissions
        warranties from the engine manufacturer and all emissions-
        related recalls by the engine manufacturer.
            ``(E) To qualify to install an engine under this paragraph,
        a producer of exempted specially produced motor vehicles shall
        register with the Administrator at such time and in such manner
        as the Administrator determines appropriate. The producer shall
        submit an annual report to the Administrator that includes--
                    ``(i) a description of the exempted specially
                produced motor vehicles produced and engines installed
                in such vehicles; and
                    ``(ii) the certificate of conformity number issued
                to the motor vehicle in which the engine was originally
                intended or the applicable Executive order number for
                the engine.
            ``(F) Exempted specially produced motor vehicles compliant
        with this paragraph shall be exempted from--
                    ``(i) motor vehicle certification testing that
                might otherwise be required under section 206; and
                    ``(ii) vehicle emission control inspection and
                maintenance programs required under section 110.
            ``(G) A producer of exempted specially produced motor
        vehicles that is compliant with subparagraphs (A) through (E)
        of this paragraph is not considered a manufacturer for the
        purposes of this Act.''; and
            (2) in section 216 by adding at the end the following new
        paragraph:
            ``(12) Exempted specially produced motor vehicle.--The term
        `exempted specially produced motor vehicle' means a replica
        motor vehicle that is exempt from specified standards as
        defined in section 30114(b) of title 49, United States Code.''.

SEC. 4. IMPLEMENTATION.

    Not later than 12 months after the date of the enactment of this
Act, the Secretary of Transportation and the Administrator of the
Environmental Protection Agency shall issue such regulations as may be
necessary to implement sections 2 and 3 of this Act, respectively.

Output: Low Volume Motor Vehicle Manufacturers Act of 2015  This bill directs the Department of Transportation (DOT) to exempt from certain federal motor vehicle safety and labeling standards up to 500 replica motor vehicles per year manufactured or imported by a low volume manufacturer.  The term "low volume manufacturer" means a motor vehicle manufacturer (other than a person registered as an importer meeting certain requirements) that annually produces no more than 5,000 motor vehicles worldwide. Manufacturers shall register with DOT to qualify for an exemption. DOT shall require a manufacturer to affix a permanent label to an exempt replica motor vehicle that identifies the motor vehicle safety and labeling standards from which that vehicle is exempt and the model year the vehicle replicates. The Clean Air Act is amended to allow a low volume motor vehicle manufacturer to install in an exempted specifically produced replica motor vehicle a motor vehicle engine (including engine emission controls) from a motor vehicle granted a certificate of conformity with Environmental Protection Agency emission control standards, or another kind of engine granted an executive order for the model year in which the motor vehicle is assembled, if certain requirements are met.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Service for Schools Act of 2015''.

SEC. 2. SERVICE FOR SCHOOLS.

    Subtitle H of title I of the National and Community Service Act of
1990 (42 U.S.C. 12653 et seq.) is amended by adding at the end the
following:

                ``PART VI--NATIONAL SERVICE FOR SCHOOLS

``SEC. 198T. SERVICE OPPORTUNITY REGISTRY.

    ``(a) Definitions.--
            ``(1) Eligible service opportunity.--The term `eligible
        service opportunity' means a national service opportunity--
                    ``(A) that achieves purposes specified in section
                2(b), including meeting an unmet human, educational,
                environmental, or public safety need of the United
                States, without displacing existing (as of the first
                date of the opportunity) workers, as determined by the
                Chief Executive Officer; and
                    ``(B) for which--
                            ``(i) a participant may receive
                        compensation but, except as provided in clauses
                        (ii) and (iii), the total compensation, in the
                        aggregate, shall not exceed the product of--
                                    ``(I) $10.00 per hour; and
                                    ``(II) the number of the qualifying
                                hours of service involved;
                            ``(ii) a participant may receive total
                        compensation that exceeds the product described
                        in clause (i), if the excess is subtracted from
                        the amount of the participant's corresponding
                        award under subsection (d); and
                            ``(iii) a participant in a professional
                        corps program described in section
                        122(c)(1)(D), who is in engaged in a service
                        opportunity that meets human, educational,
                        environmental, or public safety needs in a
                        high-need community with an inadequate number
                        of such professionals, as determined by the
                        Chief Executive Officer, may receive
                        compensation without regard to clauses (i) and
                        (ii).
            ``(2) Eligible student.--The term `eligible student' means
        an individual who--
                    ``(A) completed 2000 qualifying hours of service
                when the individual was a qualified student, which
                hours are recorded by a State Commission under
                subsection (c); and
                    ``(B) is not older than age 35.
            ``(3) Qualified student.--The term `qualified student'
        means an individual who is not younger than age 12 or older
        than age 30.
            ``(4) Qualifying hour of service.--The term `qualifying
        hour of service' means an hour of service performed for an
        eligible service opportunity and for which the participant did
        not receive a payment under part C of title IV of the Higher
        Education Act of 1965 (42 U.S.C. 2751 et seq.).
    ``(b) Registry.--
            ``(1) In general.--The Corporation shall establish and
        carry out directly, in partnership with a nonprofit
        organization or State Commission or through a grant or subgrant
        to a nonprofit organization or State Commission, activities
        concerning a Service Opportunity Registry (referred to in this
        section as the `Registry'), which shall list eligible service
        opportunities and the registered organizations offering the
        opportunities.
            ``(2) Application.--To be eligible to be registered in the
        Registry, an organization that offers an eligible service
        opportunity shall submit an application to the Corporation at
        such time, in such manner, and containing such information as
        the Corporation may require.
            ``(3) Registry information.--On receipt of an application
        that meets the requirements of paragraph (2) from an
        organization that the Chief Executive Officer determines offers
        an eligible service opportunity, the Corporation shall register
        the organization by listing in the Registry--
                    ``(A) the names and contact information for the
                organization; and
                    ``(B) a description of the eligible service
                opportunity.
            ``(4) Web site.--The Corporation shall make the Registry
        available to the public through a National Service for Schools
        Web site.
            ``(5) Re-registration.--Not less often than every 2 years,
        a listed organization that offers an eligible service
        opportunity shall re-apply for listing in the Registry.
    ``(c) Service.--
            ``(1) Application.--To be eligible to participate in and
        receive credit for service in service opportunities listed in
        the Registry, a qualified student shall submit an application
        to the student's State Commission, at such time, in such
        manner, and containing the qualified student's name, the
        qualified student's contact information, and such other
        information as the Corporation, after consultation with the
        State Commissions, may require.
            ``(2) Designation.--In order for students in a State to
        participate in and receive credit for that service, the State
        Commission shall participate in the program carried out under
        this part. On receipt of an application that meets the
        requirements of paragraph (1) from a qualified student, the
        State Commission shall designate the qualified student as
        eligible to so participate and receive such credit.
            ``(3) Contact.--A qualified student who wishes to
        participate in a service opportunity listed in the Registry
        shall contact and make arrangements with the organization
        providing the opportunity.
            ``(4) Record of service.--
                    ``(A) Organization.--The organization shall record
                the qualifying hours of service completed by each
                qualified student who participates in an eligible
                service opportunity with the organization.
                    ``(B) State commission.--The organization shall,
                not less often than annually, notify the appropriate
                State Commission of the number of qualifying hours of
                service completed by each qualified student on an
                eligible service opportunity with the organization
                since the last notification. The State Commission shall
                record the qualifying hours of service in a record for
                the qualified student. The State Commission shall make
                the record available to the Corporation on request.
            ``(5) Transfer of application and record.--At the request
        of a qualified student, a State Commission shall transfer to
        another State Commission the qualified student's application
        for service under paragraph (1) and record of hours of service
        under paragraph (4)(B).
            ``(6) Effect of erroneous certifications.--If the State
        Commission or the Corporation determines that the
        organization's record of service under paragraph (4) is
        erroneous due to a willful act of the organization or is
        incorrect, and the Corporation makes any associated payment
        from the National Service Trust due to the erroneous or
        incorrect record of service, the Corporation may assess against
        the organization a charge for the amount of the payment. In
        assessing the amount of the charge, the Corporation shall
        consider the full facts and circumstances surrounding the
        erroneous or incorrect recording of hours.
    ``(d) Awards.--
            ``(1) In general.--Subject to appropriations, an eligible
        student shall receive an award of $10,000 from the National
        Service for Schools Account, established in section 145A, to be
        used as described in subsection (f), except that--
                    ``(A) the eligible student may not receive more
                than 4 of such awards; and
                    ``(B) the eligible student may not receive both an
                award under this section and a national service
                educational award for the same hours of service.
            ``(2) Application.--An eligible student seeking such an
        award shall submit an application to the Corporation at such
        time, in such manner, and containing such information as the
        Corporation may require.
    ``(e) Credit of Hours of Service for National Service
Participants.--A participant who is eligible to receive a national
service educational award from the National Service Trust under section
146 may opt to use the hours certified under section 146A towards an
award under subsection (d). The Corporation shall establish a process
allowing such participants to elect to use their hours certified under
section 146A towards that award instead of towards a national service
educational award.
    ``(f) Use of Funds.--
            ``(1) In general.--Award funds provided under this section
        shall be available--
                    ``(A) to repay eligible student loans in accordance
                with section 148(b); and
                    ``(B) to pay all or part of the cost of attendance
                or other educational expenses at an institution of
                higher education in accordance with section 148(c).
            ``(2) Application.--For purposes of the application of
        subsections (b) and (c) of section 148 under paragraph (1), a
        reference in those subsections--
                    ``(A) to a national service educational award shall
                be considered to be a reference to an award under this
                section;
                    ``(B) to an eligible individual shall be considered
                to be a reference to an eligible student who has met
                the requirements for an award under this section;
                    ``(C) to the National Service Trust shall be
                considered to be a reference to the National Service
                for Schools Account established in section 145A;
                    ``(D) to a position shall be considered to be a
                reference to activities under this section; and
                    ``(E) to a term of service shall be considered to
                be a term of service under this section.
    ``(g) National Service for Schools Account.--
            ``(1) Investment.--The Secretary of the Treasury shall
        invest in full the amounts appropriated under subsection
        (i)(1)(B) to the National Service for Schools Account in
        section 145A. Except as otherwise provided in this section, the
        only provisions of subtitle D relating to funds in the National
        Service Trust that apply to amounts in the Account shall be
        section 145(b) and subsections (b) and (c) of section 148.
            ``(2) Obligations for awards.--Notwithstanding section 149,
        the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.),
        subchapter III of chapter 13 of title 31, United States Code,
        and any other Federal law, the Corporation shall not record an
        obligation for an award under this section until such time as
        the Corporation approves the corresponding application under
        subsection (d)(2).
    ``(h) Annual Estimates.--Not later than January 31 of each fiscal
year, the Corporation and the Director of the Congressional Budget
Office shall jointly--
            ``(1) estimate the amount necessary to make award payments
        under subsection (d) in the next fiscal year; and
            ``(2) submit a report containing the estimate to the
        Committee on Appropriations of the House of Representatives and
        the Committee on Appropriations of the Senate.
    ``(i) Appropriations.--
            ``(1) In general.--There is authorized to be appropriated
        for a fiscal year--
                    ``(A) such sums as may be necessary to carry out
                the Registry under this section; and
                    ``(B) such sums as may be necessary for the
                National Service for Students Account, to make award
                payments under subsection (d).
            ``(2) Insufficient appropriations.--If, for any fiscal
        year, the funds appropriated for award payments under this part
        are insufficient to make all the awards for which applications
        are submitted and approved under subsection (d)(2), the
        Corporation shall promptly transmit a notice of such
        insufficiency to each House of Congress, and identify in such
        notice the additional amount that would be required to be
        appropriated to make all such awards.''.

SEC. 3. ESTABLISHMENT OF THE NATIONAL SERVICE FOR SCHOOLS ACCOUNT.

    Subtitle D of title I of the National and Community Service Act of
1990 is amended by inserting after section 145 (42 U.S.C. 12601) the
following:

``SEC. 145A. NATIONAL SERVICE FOR SCHOOLS ACCOUNT.

    ``(a) Establishment.--There is established in the National Service
Trust a National Service for Schools Account.
    ``(b) Amounts in the Account.--The Account shall consist of--
            ``(1) the amounts appropriated under section 198T(i)(1)(B);
            ``(2) any amounts received by the Corporation as gifts,
        bequests, devises, or otherwise pursuant to section 196(a)(2),
        if the terms of such donations direct that the donated amounts
        be deposited in the Account; and
            ``(3) the interest on, and proceeds from the sale or
        redemption of, any obligations held by the Account.
    ``(c) Administration.--The Account shall be administered as
described in section 198T.''.

Output: Service for Schools Act of 2015  This bill amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to establish the National Service for Schools Program to carry out activities concerning a Service Opportunity Registry that shall list eligible service opportunities and the registered organizations that offer them.  Upon receiving an application from an organization that offers an eligible service opportunity, the Corporation shall register it in a specified manner, including a description of the eligible service opportunity in the Registry.  To be eligible to participate in and receive credit for service in a service opportunity listed in the Registry, qualified students must apply to their participating State Commission on National and Community Service. Each organization shall:   record the qualifying hours of service completed by each qualified student who participates in a service opportunity; and   notify the appropriate State Commission at least annually of the number of qualifying hours of service completed by each qualified student on a service opportunity.   Eligible students shall receive an award of $10,000 from the National Services for Schools Account (established by this bill) for use to:  repay eligible student loans, or pay all or part of the cost of attendance or other educational expenses at an institution of higher education.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accuracy in Medicare Physician
Payment Act of 2013''.

SEC. 2. EXPERT ADVISORY PANEL REGARDING RELATIVE VALUE SCALE PROCESS
              USED IN MEDICARE PHYSICIAN FEE SCHEDULE.

    Section 1848(c)(2) of the Social Security Act (42 U.S.C.
1395m(c)(2)) is amended by adding at the end the following new
subparagraph:
                    ``(M) Use of expert advisory panel regarding
                relative value scale process used.--
                            ``(i) In general.--For purposes of
                        providing oversight to the processes (including
                        the process described in subparagraph (K))
                        relating to valuation of physicians' services,
                        not later than 90 days after the date of the
                        enactment of this subparagraph, the Secretary
                        shall establish and appoint an expert outside
                        advisory panel (in this subparagraph referred
                        to as the `panel').
                            ``(ii) Composition of panel.--The panel
                        shall be composed of individuals with expertise
                        in the valuation of physicians' services, such
                        as individuals who are medical directors for
                        carriers, experts in medical economics and
                        technology diffusion, and private payer plan
                        representatives, and shall include a mix of
                        physicians in different specialty areas,
                        particularly physicians who are not directly
                        affected by changes in the valuation of
                        physicians' services under this section (such
                        as retired physicians and physicians who are
                        employed by managed care organizations or
                        academic medical centers), as well as
                        representatives of individuals enrolled under
                        this part.
                            ``(iii) Duties.--
                                    ``(I) In general.--The panel shall
                                provide oversight to the processes of
                                identifying, reviewing, and adjusting
                                valuations for physicians' services
                                under this section, including
                                activities described in the succeeding
                                provisions of this clause.
                                    ``(II) Establishment of screens.--
                                The panel may establish screens (in
                                addition to the screens identified
                                under subparagraph (K)(ii)) and other
                                means for identifying physicians'
                                services for which there are
                                potentially misvalued codes for review,
                                such as services that have experienced
                                substantial changes in length of stay,
                                site of service, volume, practice
                                expense, and other factors that may
                                indicate changes in physician work.
                                    ``(III) Data collection.--The panel
                                may collect data and develop supporting
                                evidence relating to the valuation of
                                physicians' services.
                                    ``(IV) Surveys.--The panel may
                                conduct surveys of suppliers of
                                physicians' services and may conduct
                                time and motion studies relating to
                                such valuations.
                                    ``(V) Transmitting codes for review
                                and recommendations.--The panel may
                                transmit with supporting evidence codes
                                for review and recommendations through
                                the means described in subparagraphs
                                (I) through (III) of subparagraph
                                (K)(iii).
                                    ``(VI) Evaluation of
                                recommendations submitted.--The panel
                                shall evaluate any recommendations
                                submitted through such means (whether
                                pursuant to the solicitation under
                                subclause (V) or otherwise) and report
                                to the Secretary on such evaluation.
                        The panel's activities under subclauses (III)
                        and (IV) may be conducted directly or through
                        contracts with appropriate, qualified entities.
                            ``(iv) Application of faca.--The Federal
                        Advisory Committee Act (5 U.S.C. App.) shall
                        apply to the panel, except that section 14 of
                        such Act shall not apply.
                            ``(v) Funding.--The Secretary shall provide
                        for the transfer of not to exceed $10,000,000
                        for each fiscal year (beginning with fiscal
                        year 2014) from the Federal Medical
                        Supplementary Medical Insurance Trust Fund
                        established in section 1841 to the Center for
                        Medicare & Medicaid Services Program Management
                        Account to carry out this subparagraph,
                        including for the management and staffing of
                        the panel and the conduct of activities
                        described in clause (iii).''.

Output: Accuracy in Medicare Physician Payment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and appoint an expert outside advisory panel for purposes of providing oversight to the processes relating to valuation of physicians' services.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Head Start Assessment Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) When used appropriately, valid and reliable assessments
        can be of positive value for improving instruction and
        supporting development of young children.
            (2) According to the National Academy of Sciences report,
        Eager to Learn: Educating Our Preschoolers, assessment of
        children below school age is in ``flux'' and ``all assessments,
        and particularly assessments for accountability, must be used
        carefully and appropriately if they are to resolve, and not
        create, educational problems.''
            (3) The Eager to Learn report emphasized that the intended
        purpose and use of the data to be derived from assessments
        should be considered in determining which assessment
        instruments and procedures are most appropriate.
            (4) The National Academy of Sciences reports that few early
        childhood educators and administrators are well-trained in the
        selection and appropriate use of assessments for young
        children.
            (5) According to the National Academy of Sciences report,
        From Neurons to Neighborhoods, the emotional and social
        development of young children is as critical to school
        readiness as language and cognitive development.
            (6) The Head Start Act currently requires programs to
        assess children in Head Start a minimum of three times a year
        against certain performance standards, which include all
        domains of the development and learning of children.
            (7) The proposed Head Start National Reporting System on
        Child Outcomes assessment is not reflective of the full range
        of skills and competencies that the National Academy of
        Sciences reports state children require to succeed, and it has
        not been thoroughly debated by those groups associated with
        Head Start, including early childhood development and
        assessment experts, early childhood educators and
        administrators, family members of children participating in
        Head Start, or Congress.

SEC. 3. DELAYED IMPLEMENTATION OF ASSESSMENT PROCEDURES IN CONNECTION
              WITH THE HEAD START NATIONAL REPORTING SYSTEM ON CHILD
              OUTCOMES.

    (a) Satisfaction of Conditions.--The Secretary of Health and Human
Services shall not proceed with the full-scale implementation of the
Head Start National Reporting System on Child Outcomes, as described in
the project proposal (68 Fed. Reg. 17815; relating to Implementation of
the Head Start National Reporting System on Child Outcomes), until the
Secretary certifies to Congress that the following conditions have been
satisfied:
            (1) Oversight hearings.--Congressional oversight hearings
        have been concluded concerning the development and
        implementation of the Head Start National Reporting System on
        Child Outcomes.
            (2) Public forums.--The Secretary has concluded, consistent
        with the requirements of subsection (b), public forums in
        different regions of the United States, and provided an
        opportunity for written public comments, concerning early
        childhood assessment proposals.
            (3) Study on early childhood assessments.--The Secretary
        has submitted, consistent with subsection (c), to Congress a
        study of early childhood assessments focusing on improving
        accountability, instruction, and the delivery of services. The
        Secretary shall request the National Academy of Sciences to
        prepare the study using a panel of nationally recognized
        experts in early childhood assessment, child development, and
        education.
            (4) Availability of funds.--Without reducing the number of
        students served by Head Start, sufficient funds are available
        to--
                    (A) develop and implement any new Head Start
                assessments; and
                    (B) deliver necessary additional technical
                assistance and professional development required to
                successfully implement the new assessments.
    (b) Public Forum Participation.--To satisfy the condition specified
in subsection (a)(2), the Secretary shall ensure that participation in
the required forums includes--
            (1) early childhood development and assessment experts;
            (2) early childhood educators and administrators; and
            (3) family members of children participating in Head Start.
    (c) Information Required by Study on Early Childhood Assessments.--
To satisfy the condition specified in subsection (a)(3), the Secretary
shall ensure that the required study contains, at a minimum, specific
information regarding the following:
            (1) Which skills and competencies are predictive of school
        readiness and future academic success.
            (2) The development, selection, and use of instruments,
        determined to be reliable and validated for preschoolers,
        including preschoolers in the Head Start population, to assess
        the development in young children of--
                    (A) literacy, language, and mathematical skills;
                    (B) emotional and social skills; and
                    (C) health and physical well-being.
            (3) The development of appropriate benchmarks and the
        proper use of early childhood assessments to improve Head Start
        program effectiveness and instruction.
            (4) The resources required for successful implementation of
        additional assessments within Head Start and how such
        additional assessments might be coordinated with current
        processes.
            (5) Whether a new assessment would provide information to
        improve program accountability or instruction that is not
        already available from existing assessments and reporting
        procedures within Head Start.
            (6) The professional development and personnel needs for
        successful implementation of early childhood assessments.
            (7) The practicality of employing sampling techniques as
        part of any early childhood assessment.
            (8) The practicality of employing observational and work-
        sampling assessment techniques as part of an early childhood
        assessment.
            (9) Steps needed to ensure that assessments accommodate the
        racial, cultural, and linguistic diversity of young children,
        including young children with disabilities.

Output:
Head Start Assessment Act of 2003 - Prohibits the Secretary of Health and Human Services from proceeding with the full-scale implementation of the Head Start National Reporting System on Child Outcomes, as described in a specified project proposal, until the Secretary certifies to Congress that: (1) congressional oversight hearings have been concluded concerning the development and implementation of the System; (2) the Secretary has concluded public forums in different regions of the United States, and provided an opportunity for written public comments, concerning early childhood assessment proposals; (3) the Secretary has reported to Congress a study by the National Academy of Sciences of early childhood assessments focusing on improving accountability, instruction, and the delivery of services; and (4) sufficient funds are available to develop and implement any new Head Start assessments, and deliver necessary additional technical assistance and professional development required to successfully implement these assessments.

Prescribes requirements for participants in such public forums.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care OverUse Reform Today Act
(HealthCOURT Act) of 2011''.

SEC. 2. LIMITATION ON RECOVERY IN A HEALTH CARE LAWSUIT BASED ON
              COMPLIANCE WITH BEST PRACTICE GUIDELINES.

    (a) Selection and Issuance of Best Practices Guidelines.--
            (1) In general.--The Secretary of Health and Human Services
        (in this section referred to as the ``Secretary'') shall
        provide for the selection and issuance of best practice
        guidelines for treatment of medical conditions (each in this
        subsection referred to as a ``guideline'') in accordance with
        paragraphs (2) and (3).
            (2) Development process.--Not later than 90 days after the
        date of enactment of this Act, the Secretary shall enter into a
        contract with a qualified physician consensus-building
        organization (such as the Physician Consortium for Performance
        Improvement), in concert and agreement with physician specialty
        organizations, to develop guidelines. The contract shall
        require that the organization submit guidelines to the agency
        not later than 18 months after the date of enactment of this
        Act.
            (3) Issuance.--
                    (A) In general.--Not later than 2 years after the
                date of the enactment of this Act, the Secretary shall,
                after notice and opportunity for public comment, make a
                rule that provides for the establishment of the
                guidelines submitted under paragraph (2).
                    (B) Limitation.--The Secretary may not make a rule
                that includes guidelines other than those submitted
                under paragraph (2).
                    (C) Dissemination.--The Secretary shall post such
                guidelines on the public Internet web page of the
                Department of Health and Human Services.
            (4) Maintenance.--Not later than 4 years after the date of
        enactment of this Act, and every 2 years thereafter, the
        Secretary shall review the guidelines and shall, as necessary,
        enter into contracts similar to the contract described in
        paragraph (2), and issue guidelines in a manner similar to the
        issuance of guidelines under paragraph (3).
    (b) Limitation on Damages.--
            (1) Limitation on noneconomic damages.--In any health care
        lawsuit, a court may not award noneconomic damages with respect
        to treatment that is consistent with a guideline issued under
        subsection (a).
            (2) Limitation on punitive damages.--In any health care
        lawsuit, no punitive damages may be awarded against a health
        care provider based on a claim that such treatment caused the
        claimant harm if--
                    (A) such treatment was subject to quality review by
                a qualified physician consensus-building organization
                and has been found to be safe, effective, and
                appropriate;
                    (B) such treatment was approved in a guideline that
                underwent full review by such organization, public
                comment, approval by the Secretary, and dissemination
                as described in subparagraph (a); or
                    (C) such medical treatment is generally recognized
                among qualified experts (including medical providers
                and relevant physician specialty organizations) as
                safe, effective, and appropriate.
    (c) Use.--
            (1) Introduction as evidence.--Guidelines established in a
        rule made under subsection (a) may not be introduced as
        evidence of negligence or deviation in the standard of care in
        any health care lawsuit unless they have previously been
        introduced by the defendant.
            (2) No presumption of negligence.--There shall be no
        presumption of negligence if a health care provider provides
        treatment in a manner inconsistent with such guidelines.
    (d) Construction.--Nothing in this section shall be construed as
preventing a State from--
            (1) replacing their current medical malpractice rules with
        rules that rely, as a defense, upon a health care provider's
        compliance with a guideline issued under subsection (a); or
            (2) applying additional guidelines or safe-harbors that are
        in addition to, but not in lieu of, the guidelines issued under
        subsection (a).

SEC. 3. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.

    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. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE
              TRIBUNALS.

    ``(a) In General.--The Secretary may award grants to States for the
development, implementation, and evaluation of administrative health
care tribunals that comply with this section, for the resolution of
disputes concerning injuries allegedly caused by health care providers.
    ``(b) Conditions for Demonstration Grants.--To be eligible to
receive a grant under this section, a State shall submit to the
Secretary an application at such time, in such manner, and containing
such information as may be required by the Secretary. A grant shall be
awarded under this section on such terms and conditions as the
Secretary determines appropriate.
    ``(c) Representation by Counsel.--A State that receives a grant
under this section may not preclude any party to a dispute before an
administrative health care tribunal operated under such grant from
obtaining legal representation during any review by the expert panel
under subsection (d), the administrative health care tribunal under
subsection (e), or a State court under subsection (f).
    ``(d) Expert Panel Review and Early Offer Guidelines.--
            ``(1) In general.--Prior to the submission of any dispute
        concerning injuries allegedly caused by health care providers
        to an administrative health care tribunal under this section,
        such allegations shall first be reviewed by an expert panel.
            ``(2) Composition.--
                    ``(A) In general.--The members of each expert panel
                under this subsection shall be appointed by the head of
                the State agency responsible for health. Each expert
                panel shall be composed of no fewer than 3 members and
                not more than 7 members. At least one-half of such
                members shall be medical experts (either physicians or
                health care professionals).
                    ``(B) Licensure and expertise.--Each physician or
                health care professional appointed to an expert panel
                under subparagraph (A) shall--
                            ``(i) be appropriately credentialed or
                        licensed in 1 or more States to deliver health
                        care services; and
                            ``(ii) typically treat the condition, make
                        the diagnosis, or provide the type of treatment
                        that is under review.
                    ``(C) Independence.--
                            ``(i) In general.--Subject to clause (ii),
                        each individual appointed to an expert panel
                        under this paragraph shall--
                                    ``(I) not have a material familial,
                                financial, or professional relationship
                                with a party involved in the dispute
                                reviewed by the panel; and
                                    ``(II) not otherwise have a
                                conflict of interest with such a party.
                            ``(ii) Exception.--Nothing in clause (i)
                        shall be construed to prohibit an individual
                        who has staff privileges at an institution
                        where the treatment involved in the dispute was
                        provided from serving as a member of an expert
                        panel merely on the basis of such affiliation,
                        if the affiliation is disclosed to the parties
                        and neither party objects.
                    ``(D) Practicing health care professional in same
                field.--
                            ``(i) In general.--In a dispute before an
                        expert panel that involves treatment, or the
                        provision of items or services--
                                    ``(I) by a physician, the medical
                                experts on the expert panel shall be
                                practicing physicians (allopathic or
                                osteopathic) of the same or similar
                                specialty as a physician who typically
                                treats the condition, makes the
                                diagnosis, or provides the type of
                                treatment under review; or
                                    ``(II) by a health care
                                professional other than a physician, at
                                least two medical experts on the expert
                                panel shall be practicing physicians
                                (allopathic or osteopathic) of the same
                                or similar specialty as the health care
                                professional who typically treats the
                                condition, makes the diagnosis, or
                                provides the type of treatment under
                                review, and, if determined appropriate
                                by the State agency, an additional
                                medical expert shall be a practicing
                                health care professional (other than
                                such a physician) of such a same or
                                similar specialty.
                            ``(ii) Practicing defined.--In this
                        paragraph, the term `practicing' means, with
                        respect to an individual who is a physician or
                        other health care professional, that the
                        individual provides health care services to
                        individual patients on average at least 2 days
                        a week.
                    ``(E) Pediatric expertise.--In the case of dispute
                relating to a child, at least 1 medical expert on the
                expert panel shall have expertise described in
                subparagraph (D)(i) in pediatrics.
            ``(3) Determination.--After a review under paragraph (1),
        an expert panel shall make a determination as to the liability
        of the parties involved and compensation.
            ``(4) Acceptance.--If the parties to a dispute before an
        expert panel under this subsection accept the determination of
        the expert panel concerning liability and compensation, such
        compensation shall be paid to the claimant and the claimant
        shall agree to forgo any further action against the health care
        providers involved.
            ``(5) Failure to accept.--If any party decides not to
        accept the expert panel's determination, the matter shall be
        referred to an administrative health care tribunal created
        pursuant to this section.
    ``(e) Administrative Health Care Tribunals.--
            ``(1) In general.--Upon the failure of any party to accept
        the determination of an expert panel under subsection (d), the
        parties shall have the right to request a hearing concerning
        the liability or compensation involved by an administrative
        health care tribunal established by the State involved.
            ``(2) Requirements.--In establishing an administrative
        health care tribunal under this section, a State shall--
                    ``(A) ensure that such tribunals are presided over
                by special judges with health care expertise;
                    ``(B) provide authority to such judges to make
                binding rulings, rendered in written decisions, on
                standards of care, causation, compensation, and related
                issues with reliance on independent expert witnesses
                commissioned by the tribunal;
                    ``(C) establish gross negligence as the legal
                standard for the tribunal;
                    ``(D) allow the admission into evidence of the
                recommendation made by the expert panel under
                subsection (d); and
                    ``(E) provide for an appeals process to allow for
                review of decisions by State courts.
    ``(f) Review by State Court After Exhaustion of Administrative
Remedies.--
            ``(1) Right to file.--If any party to a dispute before a
        health care tribunal under subsection (e) is not satisfied with
        the determinations of the tribunal, the party shall have the
        right to file their claim in a State court of competent
        jurisdiction.
            ``(2) Forfeit of awards.--Any party filing an action in a
        State court in accordance with paragraph (1) shall forfeit any
        compensation award made under subsection (e).
            ``(3) Admissibility.--The determinations of the expert
        panel and the administrative health care tribunal pursuant to
        subsections (d) and (e) with respect to a State court
        proceeding under paragraph (1) shall be admissible into
        evidence in any such State court proceeding.
    ``(g) Definition.--In this section, the term `health care provider'
means any person or entity required by State or Federal laws or
regulations to be licensed, registered, or certified to provide health
care services, and being either so licensed, registered, or certified,
or exempted from such requirement by other statute or regulation.
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated for any fiscal year such sums as may be necessary for
purposes of making grants to States under this section.''.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Health care lawsuit.--The term ``health care lawsuit''
        means any health care liability claim concerning the provision
        of health care goods or services brought in a Federal court or
        in a State court or pursuant to an alternative dispute
        resolution system, if such claim concerns items or services
        with respect to which payment is made under title XVIII, title
        XIX, or title XXI of the Social Security Act or for which the
        claimant receives a Federal tax benefit, against a health care
        provider, a health care organization, or the manufacturer,
        distributor, supplier, marketer, promoter, or seller of a
        medical product, regardless of the theory of liability on which
        the claim is based, or the number of claimants, plaintiffs,
        defendants, or other parties, or the number of claims or causes
        of action, in which the claimant alleges a health care
        liability claim. Such term does not include a claim or action
        which is based on criminal liability; which seeks civil fines
        or penalties paid to Federal government; or which is grounded
        in antitrust.
            (2) Noneconomic damages.--The term ``noneconomic damages''
        means damages for losses for physical and emotional pain,
        suffering, inconvenience, physical impairment, mental anguish,
        disfigurement, loss of enjoyment of life, loss of society and
        companionship, loss of consortium, hedonic damages, injury to
        reputation, and any other nonpecuniary losses.
            (3) Punitive damages.--The term ``punitive damages'' means
        damages awarded, for the purpose of punishment or deterrence,
        and not solely for compensatory purposes, against a health care
        provider. Punitive damages are neither economic nor noneconomic
        damages.
            (4) Medical treatment.--The term ``medical treatment''
        means the provision of any goods or services by a health care
        provider or by any individual working under the supervision of
        a health care provider, that relates to the diagnosis,
        prevention, or treatment of any human disease or impairment, or
        the assessment or care of the health of human beings.
            (5) Health care provider.--The term ``health care
        provider'' means any person or entity required by State or
        Federal laws or regulations to be licensed, registered, or
        certified to provide health care services, and being either so
        licensed, registered, or certified, or exempted from such
        requirement by other statute or regulation.
            (6) Federal tax benefit.--A claimant shall be treated as
        receiving a Federal tax benefit with respect to payment for
        items or services if--
                    (A) such payment is compensation by insurance--
                            (i) which constitutes medical care, and
                            (ii) with respect to the payment of
                        premiums for which the claimant, or the
                        employer of the claimant, was allowed an
                        exclusion from gross income, a deduction, or a
                        credit for Federal income tax purposes,
                    (B) a deduction was allowed with respect to such
                payment for Federal income tax purposes, or
                    (C) such payment was from an Archer MSA (as defined
                in section 220(d) of the Internal Revenue Code of
                1986), a health savings account (as defined in section
                223(d) of such Code), a flexible spending arrangement
                (as defined in section 106(c)(2) of such Code), or a
                health reimbursement arrangement which is treated as
                employer-provided coverage under an accident or health
                plan for purposes of section 106 of such Code.

Output:
Health Care OverUse Reform Today Act (HealthCOURT Act) of 2011 - Requires the Secretary of Health and Human Services (HHS) to provide for the selection and issuance of best practice guidelines for treatment of medical conditions.

Requires the Secretary to contract with a qualified physician consensus-building organization to develop guidelines and issue a rule that provides for the establishment of such guidelines. Prohibits the Secretary from making a rule that includes guidelines other than those submitted by such organization.

Requires the Secretary to routinely review guidelines and, as necessary, enter into additional contracts to issue guidelines.

Prohibits a court from awarding noneconomic damages or punitive damages in any health care lawsuit with respect to treatment that is consistent with a guideline issued under this Act.

Prohibits guidelines from being introduced as evidence of negligence or deviation in the standard of care in any health care lawsuit unless such guidelines have previously been introduced by the defendant.

Declares that there shall be no presumption of negligence if a health care provider provides treatment in a manner inconsistent with such guidelines.

Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers. Sets forth provisions governing the operation of such tribunals, including requiring a review of allegations by an expert panel to assess liability.