Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice and Understanding By
International Loan Elimination and Equity Act of 2004'' or the
``JUBILEE Act of 2004''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Many poor countries have been struggling under the
        burden of international debts for many years.
            (2) Many poor countries have debts that are odious because
        they were incurred by dictatorships that did not use the funds
        in ways that benefitted the population of the country.
            (3) The international Jubilee coalitions have been working
        to raise awareness of the needs of these impoverished countries
        for full debt cancellation.
            (4) The International Monetary Fund (IMF) has imposed
        onerous structural adjustment requirements on many poor
        countries as a condition of past loans and of participation in
        debt relief programs.
            (5) Justice requires that these countries receive full
        cancellation of their debts.

SEC. 3. CANCELLATION OF DEBT OWED BY ELIGIBLE POOR COUNTRIES.

    Title XVI of the International Financial Institutions Act (22
U.S.C. 262p-262p-8) is amended by adding at the end the following:

``SEC. 1626. CANCELLATION OF DEBT OWED BY ELIGIBLE POOR COUNTRIES.

    ``(a) In General.--
            ``(1) Cancellation of debt.--In order to achieve
        multilateral debt cancellation and promote human and economic
        development and poverty alleviation in eligible poor countries,
        the Secretary of the Treasury shall commence immediate efforts,
        within the Paris Club of Official Creditors, the International
        Monetary Fund (IMF), the International Bank for Reconstruction
        and Development (World Bank), and the other international
        financial institutions (as defined in section 1701(c)(2)), to
        accomplish the following:
                    ``(A) Each international financial institution
                shall cancel all debts owed to the institution by
                eligible poor countries. To the extent possible, each
                institution shall finance the debt cancellation from
                their ongoing operations, procedures, and accounts.
                    ``(B) Any waiting period before receiving debt
                cancellation shall not exceed 1 month from the date of
                an eligible poor country's application for debt
                cancellation.
                    ``(C) The government of each eligible poor country
                shall be encouraged to allocate at least 20 percent of
                its national budget, including the savings from the
                cancellation of debt, for the provision of basic health
                care services, education services, and clean water
                services to individuals in the country. In providing
                such services, the government should seek input from a
                broad cross-section of members of civil society.
            ``(2) Establishment of framework for creditor
        transparency.--In order to ensure that creditor activity is
        known and assessed by all stakeholders, the Secretary of the
        Treasury shall commence immediate efforts, within the Paris
        Club of Official Creditors, the International Monetary Fund
        (IMF), the International Bank for Reconstruction and
        Development (World Bank), and the other international financial
        institutions (as so defined), to ensure that each of such
        institutions--
                    ``(A) continues to make efforts to promote greater
                transparency regarding the activities of the
                institution, including project design, project
                monitoring and evaluation, project implementation,
                resource allocation, and decisionmaking; and
                    ``(B) supports continued efforts to allow informed
                participation and input by affected communities,
                including translation of information on proposed
                projects, provision of information through information
                technology application, oral briefings, and outreach to
                and dialogue with community organizations and
                institutions in affected areas.
            ``(3) Availability on treasury department website of
        remarks of united states executive directors at meetings of
        international financial institutions' boards of directors.--The
        Secretary of the Treasury shall make available on the website
        of the Department of the Treasury the full record of the
        remarks of the United States Executive Director at meetings of
        the Board of Directors of the International Monetary Fund
        (IMF), the International Bank for Reconstruction and
        Development (World Bank), and the other international financial
        institutions (as so defined), about cancellation or reduction
        of debts owed to the institution involved, with redaction by
        the Secretary of the Treasury of material deemed too sensitive
        for public distribution, but showing the topic, amount of
        material redacted, and reason for the redaction.
            ``(4) Report from the comptroller general.--Within 1 year
        after the date of the enactment of this section, the
        Comptroller General of the United States shall prepare and
        submit to the Committee on Financial Services of the House of
        Representatives and the Committee on Banking, Housing, and
        Urban Affairs of the Senate a report on the availability of the
        ongoing operations, procedures, and accounts of the
        International Monetary Fund (IMF), the International Bank for
        Reconstruction and Development (World Bank), and the other
        international financial institutions (as so defined) for
        canceling the debt of eligible poor countries.
            ``(5) Annual reports from the president.--Not later than
        December 31 of each year, the President shall submit to the
        Committees on Financial Services and on International Relations
        of the House of Representatives and the Committees on Foreign
        Relations and on Banking, Housing, and Urban Affairs of the
        Senate a report, which shall be made available to the public,
        on the activities undertaken under this section, and other
        progress made in accomplishing the purposes of this section,
        for the prior fiscal year. The report shall include a list of
        the countries that have received debt cancellation, a list of
        the countries whose request for such debt cancellation has been
        denied and the reasons therefor, and a list of the countries
        whose requests for such debt cancellation are under
        consideration.
    ``(b) Promotion of Equitable Burden Sharing.--In order to promote
equitable burden sharing by bilateral, multilateral, and private
creditors, the Secretary of the Treasury shall commence immediate
efforts to ensure that such creditors draw upon their own resources to
finance debt reduction to the extent possible without diverting funds
from other high-priority poverty alleviation programs.
    ``(c) Eligible Poor Country Defined.--In this section, the term
`eligible poor country' means Angola, Bangladesh, Benin, Bolivia,
Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African
Republic, Chad, Cote d'Ivoire, Democratic Republic of Congo, Ethiopia,
Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica,
Kenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco,
Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru,
Philippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal,
Sierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and
Zambia, but not if--
            ``(1) the government of the country has an excessive level
        of military expenditures;
            ``(2) the government of the country has repeatedly provided
        support for acts of international terrorism, as determined by
        the Secretary of State under section 6(j)(1) of the Export
        Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or
        section 620A(a) of the Foreign Assistance Act of 1961 (22
        U.S.C. 2371(a));
            ``(3) the government of the country is failing to cooperate
        on international narcotics control matters;
            ``(4) the government of the country (including its military
        or other security forces) engages in a consistent pattern of
        gross violations of internationally recognized human rights; or
            ``(5) in the case of Haiti, the government of the country
        has not been elected through free and fair elections.''.

SEC. 4. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS.

    Title XVI of the International Financial Institutions Act (22
U.S.C. 262p-262p-8) is further amended by adding at the end the
following:

``SEC. 1627. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS.

    ``(a) Prohibition of Structural Adjustment Conditions.--In order to
promote human and economic development and poverty alleviation in
eligible poor countries (as defined in section 1626(c)), the Secretary
of the Treasury shall commence immediate efforts within the Paris Club
of Official Creditors, as well as the International Monetary Fund
(IMF), the International Bank for Reconstruction and Development (World
Bank), and the other international financial institutions (as defined
in section 1701(c)(2)), to ensure that the provision of debt
cancellation to the countries is not conditioned on any agreement by
such a country to implement or comply with policies that deepen poverty
or degrade the environment, including any policy that--
            ``(1) implements or extends user fees on primary education
        or primary health care, including prevention and treatment
        efforts for HIV/AIDS, tuberculosis, malaria, and infant, child,
        and maternal well-being;
            ``(2) provides for increased cost recovery from poor people
        to finance basic public services such as education, health
        care, or sanitation;
            ``(3) would have the effect of increasing the cost to
        consumers with incomes of less than $2 per day for access to
        clean drinking water through--
                    ``(A) decreased public subsidy for water supply,
                treatment, disposal, distribution, or management;
                    ``(B) reduced intrasectoral or intersectoral
                subsidization of residential water consumers with
                incomes of less than $2 per day;
                    ``(C) reduced government ability to regulate; or
                    ``(D) mandated privatization of water; or
            ``(4) undermines workers' ability to exercise effectively
        their internationally recognized worker rights, as defined
        under section 526(e) of the Foreign Operations, Export
        Financing and Related Programs Appropriations Act, 1995 (22
        U.S.C. 262p-4p).
    ``(b) Annual Reports to the Congress.--Not later than December 31
of each year, the President shall submit to the Committees on Financial
Services and on International Relations of the House of Representatives
and the Committees on Foreign Relations and on Banking, Housing, and
Urban Affairs of the Senate a report, which shall be made available to
the public, on the activities undertaken under this section, and other
progress made in accomplishing the purposes of this section, for the
prior fiscal year.''.

Output:
Justice and Understanding By International Loan Elimination and Equity (JUBILEE) Act of 2004 - Amends the International Financial Institutions Act to require the Secretary of the Treasury to commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and other international financial institutions (multilateral development institutions (MDI's)) to accomplish: (1) the cancellation of all debts owed to each institution by specified eligible poor countries, and the financing of such debt cancellation from the institution's ongoing operations, procedures, and accounts; (2) the limitation of any waiting period before receipt of debt cancellation to one month from the date of an eligible poor country's application for it; and (3) encouragement of the government of each eligible poor country to allocate at least 20 percent of its national budget, including the savings from such debt cancellation, for the provision of basic health care services, education services, and clean water services to individuals in the country.

Sets forth requirements for: (1) establishment of a framework to ensure transparency regarding each international financial institution's activities; and (2) availability on the Treasury Department's website of U.S. Executive Directors' remarks at meetings of international financial institutions' Boards of Directors.

Requires the Secretary to commence immediate efforts, within the Paris Club, the IMF, and other appropriate MDI's, to ensure that the provision of debt cancellation to such countries is not conditioned on any agreement by such a country to implement or comply with specified policies that deepen poverty or degrade the environment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Service Overseas Pay Equity
Act of 2008''.

SEC. 2. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    (a) Overseas Comparability Pay Adjustment.--
            (1) In general.--Chapter 4 of the Foreign Service Act of
        1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end
        the following:

``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    ``(a) In General.--A member of the Service who is designated class
1 or below for purposes of section 403 and whose official duty station
is not in the continental United States or in a nonforeign area shall
receive, in accordance with the phase-in schedule set forth in
subsection (c), the same locality-based comparability payment under
section 5304 of title 5, United States Code (stated as a percentage) as
would be payable to such member if such member's official duty station
were in the District of Columbia.
    ``(b) Treatment as Basic Pay.--The amount of any locality-based
comparability payment which is payable to a member of the Service under
this section--
            ``(1) shall be considered a part of the basic pay of such
        member for the purposes described in--
                    ``(A) section 5304(c)(2)(A) of title 5, United
                States Code; and
                    ``(B) chapter 8 of this Act; and
            ``(2) shall be subject to any limitations on pay applicable
        to locality-based comparability payments under section 5304 of
        such title.
    ``(c) Phase-In.--The locality-based comparability payment payable
to a member of the Service under this section shall be equal to--
            ``(1) 33.33 percent of the payment which would otherwise
        apply under subsection (a) during the period beginning on the
        first day of the first pay period beginning on or after the
        earlier of April 1, 2009, or the date on which appropriations
        for fiscal year 2009 are made available pursuant to the
        enactment of  the Department of State, Foreign Operations, and
        Related Programs Appropriations Act, 2009, and ending on the
        last day of the last pay period in fiscal year 2009;
            ``(2) 66.67 percent of the payment which would otherwise
        apply under subsection (a) during the period beginning on the
        first day of the first pay period in fiscal year 2010 and
        ending on the last day of the last pay period in fiscal year
        2010; and
            ``(3) 100 percent of the payment determined under
        subsection (a), beginning on the first day of the first pay
        period in fiscal year 2011.
    ``(d) Nonforeign Area Defined.--As used in this section, the term
`nonforeign area' means 1 of the areas listed in section 591.205 of
title 5, Code of Federal Regulations.''.
            (2) Conforming amendment.--The table of contents under
        section 2 of the Foreign Service Act of 1980 is amended by
        inserting after the item relating to section 414 the following:

``Sec. 415. Overseas comparability pay adjustment.''.
    (b) Conforming Amendments Relating to the Foreign Service
Retirement Systems.--
            (1) Contributions to the fund.--
                    (A) In general.--Section 805(a) of the Foreign
                Service Act of 1980 (22 U.S.C. 4045(a)) is amended--
                            (i) in paragraph (1)--
                                    (I) by striking ``7.25 percent''
                                and inserting ``7 percent''; and
                                    (II) by striking ``The contribution
                                by the employing agency'' and all that
                                follows through ``and shall be made''
                                and inserting ``An equal amount shall
                                be contributed by the employing
                                agency'';
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by
                                striking ``, plus an amount equal to
                                .25 percent of basic pay''; and
                                    (II) in subparagraph (B), by
                                striking ``, plus an amount equal to
                                .25 percent of basic pay''; and
                            (iii) in paragraph (3), by striking ``,
                        plus .25 percent''.
                    (B) Effective date.--The amendments made by
                subparagraph (A) shall take effect on the first day of
                the first pay period beginning on or after October 1,
                2010.
            (2) Computation of annuities.--Section 806(a)(9) of the
        Foreign Service Act of 1980 (22 U.S.C. 4046(a)(9)) is amended
        by striking ``is outside the continental United States shall''
        and inserting ``was outside the continental United States
        during the period beginning on December 29, 2002, and ending on
        the day before the first day of the first pay period beginning
        on or after October 1, 2010 (or during any portion of such
        period) shall, to the extent that such computation is based on
        the basic salary or basic pay of such member for such period
        (or portion of such period),''.
            (3) Entitlement to annuity.--Section 855(a)(3) of the
        Foreign Service Act of 1980 (22 U.S.C. 4071d(a)(3)) is
        amended--
                    (A) by striking ``section 8414'' and inserting
                ``section 8415''; and
                    (B) by striking ``is outside the continental United
                States shall'' and inserting ``was outside the
                continental United States during the period beginning
                on December 29, 2002, and ending on the day before the
                first day of the first pay period beginning on or after
                October 1, 2010 (or during any portion of such period)
                shall, to the extent that such computation is based on
                the basic salary or basic pay of such member for such
                period (or portion of such period),''.
            (4) Deductions and withholdings from pay.--Section
        856(a)(2) of such Act (22 U.S.C. 4071e(a)(2)) is amended to
        read as follows:
            ``(2) The applicable percentage under this subsection shall
        be as follows:

   ``Percentage                          Time Period

              7.5    Before January 1, 1999.
             7.75   January 1, 1999, to December 31, 1999.
              7.9   January 1, 2000, to December 31, 2000.
             7.55   January 11, 2003, to the day before the first day of
                     the first pay period beginning on or after October
                     1, 2010.
              7.5   Beginning on the first day of the first pay period
                     beginning on or after October 1, 2010.''.

    (c) Reporting Requirement.--Not later than October 1, 2010, the
Secretary of State shall submit a report to the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Oversight and
Government Reform of the House of Representatives that includes--
            (1) an assessment of all allowances provided to members of
        the Foreign Service under the Foreign Service Act of 1980 or
        under title 5, United States Code; and
            (2) an explanation of how such allowances have been or will
        be affected by the amendments to the Foreign Service Act of
        1980 made under this Act.

SEC. 3. DEATH GRATUITY.

    Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C.
3973(a)) is amended by striking ``at the time of death'' and inserting
``at level II of the Executive Schedule under section 5313 of title 5,
United States Code, at the time of death. If the deceased employee was
compensated under a local compensation plan established under section
408, the amount of such gratuity shall be equal to the greater of 1
year's salary at the time of death or 1 year's salary at the highest
step of the highest grade on the local compensation plan from which the
employee was being paid at the time of death''.

Output: Foreign Service Overseas Pay Equity Act of 2008 - Amends the Foreign Service Act of 1980 to: (1) extend comparability pay adjustments to Foreign Service members assigned abroad; and (2) amend the death gratuity computation payable to surviving dependents of Foreign Service employees who die from injuries sustained in the performance of duty abroad.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfields Remediation Waste Act''.

SEC. 2. REMEDIATION WASTE MANAGEMENT.

    (a) In General.--Section 3004 of the Solid Waste Disposal Act is
amended by adding the following new subsection at the end thereof:
    ``(z) Remediation Waste Management.--
            ``(1) Definition.--As used in this subsection, the term
        `remediation waste' means all solid and hazardous wastes, and
        all media (including groundwater, surface water, soils, and
        sediments) and debris that contain listed hazardous wastes or
        that themselves exhibit a hazardous characteristic and are
        managed for implementing cleanup.
            ``(2) Coverage of subsection.--Nothing in this subsection
        shall apply to any solid waste that is not regulated under
        other provisions of this subtitle.
            ``(3) Alternative requirements.--As provided in this
        subsection the Administrator may provide alternative
        requirements for management of remediation waste in lieu of
        restrictions under this section or subsections (a) through (e)
        of section 3005 where appropriate. Such alternative
        requirements shall be protective of human health and the
        environment and shall, to the extent feasible, remove
        disincentives to remediation, streamline regulation, and
        achieve greater flexibility for State remediation programs. The
        Administrator may not use the authority of this paragraph to
        remove or diminish any existing waiver, variance, or exemption
        from otherwise applicable restrictions on the management of
        remediation waste.
            ``(4) EPA rules.--The rules promulgated by the
        Administrator on November 30, 1998 (63 FR 65874) and on
        February 16, 1993 (58 FR 8658), as modified on November 30,
        1998, shall be deemed to satisfy the requirements of paragraph
        (3) of this subsection and shall remain in effect unless the
        Administrator takes action under this subsection to modify such
        rules. The Administrator shall not publish any proposal to
        modify the rules referred to in this paragraph before
        submitting a Report to Congress identifying problems associated
        with the implementation of such rules. Any such report shall be
        prepared in consultation with State Governors and after notice
        and opportunity for public comment on a draft report.
            ``(5) Land disposal.--Notwithstanding any other provision
        of this subtitle or any rules adopted pursuant to this
        subtitle, placement of remediation waste in temporary units,
        staging piles, or corrective action management units designated
        under Federal or State authorities shall not be deemed to be
        engaging in land disposal (as defined in section 3004(k)) and
        shall not be subject to requirements under section 3004(d),
        (e), (f), (g), (m), (o)(1)(A), or (o)(2) through (7).
            ``(6) Additional flexibility and clarification.--
        Notwithstanding the rules referred to in paragraph (4), and
        where appropriate and protective of human health and the
        environment--
                    ``(A) temporary units and staging piles may also be
                designated at another location owned or operated by a
                person engaged in remediation at the first location to
                facilitate consolidated management of wastes;
            ``(B) corrective action management units at one remediation
        waste management site may be designated to receive remediation
        waste from another remediation waste management site; and
            ``(C) a staging pile may be designated and allow for mixing
        or blending for the primary purposes of consolidation or
        enhancement of subsequent waste management.
            ``(7) Authorization for remediation waste management
        activities.--
                    ``(A) Authorization mechanisms.--Notwithstanding
                any other provision of this subtitle, remediation waste
                management units or activities may be authorized
                through permits, interim status, orders, or other
                authorization available under this subtitle, subject to
                the applicable requirements of this subtitle. Where
                other provisions of Federal or State law waive the
                requirement for permits or interim status, remediation
                waste management activities or units are authorized
                under this paragraph.
                    ``(B) Effect of authorization.--No authorization,
                application for authorization, or activity authorized
                under this paragraph for remediation waste management
                shall itself subject a person to the requirements of
                section 3004(u), 3004(v) or section 3008(h).''.
    (b) Alternative State Remediation Waste Programs.--Section 3006 of
the Solid Waste Disposal Act is amended by adding the following at the
end thereof:
    ``(i) Alternative State Remediation Waste Programs.--
            ``(1) State submission.--
                    ``(A) Submission.--(i) At any time after the
                enactment of this subsection, a State or State agency
                may administer and enforce a program for management of
                remediation waste pursuant to a program authorized
under subsection (b) or (c) or under a program authorized under this
subsection.
                    ``(ii) A State or State agency may submit to the
                Administrator a demonstration, supported by such
                documentation as the State considers to be appropriate,
                that the State has an effective State program for the
                management of remediation wastes under this subsection
                which includes each of the following:
                            ``(I) Statutory and regulatory authority to
                        control the management of remediation wastes
                        from generation to disposal in a manner that
                        protects human health and the environment.
                            ``(II) Resources in place to administer and
                        enforce those authorities.
                            ``(III) Procedures to ensure public notice
                        and opportunity for comment as appropriate.
                    ``(B) Determination of approval.--
                            ``(i) In general.--Not later than 12 months
                        after the date on which a State submits to the
                        Administrator a demonstration under
                        subparagraph (A), after public notice and
                        opportunity for comment, the Administrator
                        shall issue to the State and publish in the
                        Federal Register a determination that--
                                    ``(I) the demonstration meets all
                                of the criteria in subparagraph (A),
                                and the State program is finally
                                authorized under this subsection; or
                                    ``(II) the demonstration fails to
                                meet one or more of the criteria stated
                                in subparagraph (A), stating with
                                particularity the elements of the State
                                program that are considered to be
                                deficient.
                            ``(ii) Untimely review.--If the
                        Administrator does not issue a determination
                        under clause (i) within 18 months after the
                        date on which a State submits to the
                        Administrator a demonstration under
                        subparagraph (A), the demonstration shall be
                        considered to meet all of the criteria stated
                        in subparagraph (A), and the State program
                        shall be treated as finally authorized under
                        this subsection.
            ``(2) Effect of authorization of state program.--Upon
        authorization of a State remediation waste management program
        under this subsection, such State may to carry out such program
        in lieu of the Federal program under this subtitle in such
        State unless such authorization is withdrawn as provided in
        subsection (e).''.

Output:
Brownfields Remediation Waste Act - Amends the Solid Waste Disposal Act (the Act) to authorize the Administrator of the Environmental Protection Agency to provide alternative requirements for management of remediation waste in lieu of restrictions under the Act or this Act.  Defines "remediation waste" as all solid and hazardous wastes and all media and debris that contain listed hazardous wastes or that themselves exhibit a hazardous characteristic and are managed for implementing cleanup.
Provides that such requirements shall be protective of health and the environment and remove disincentives to remediation, streamline regulation, and achieve greater flexibility for State remediation programs.
Deems specified rules regarding hazardous remediation waste management promulgated by the Administrator on November 30, 1998, to be alternative requirements and to remain in effect unless the Administrator takes action to modify such rules.  Prohibits the Administrator from publishing any proposal to modify such rules before reporting to Congress on problems associated with their implementation.
Provides that placement of remediation waste in temporary units, staging piles, or corrective action management units designated under Federal or State authorities shall not be deemed to be engaging in land disposal and shall not be subject to specified requirements under the Act regarding hazardous waste management.
Authorizes, notwithstanding the rules of November 30, 1998, and where protective of health and environment, the designation of: (1) temporary units and staging piles at another location owned or operated by a person engaged in remediation at the first location to facilitate consolidated waste management; (2) corrective action management units at one remediation waste management site to receive remediation waste from another such site; and (3) a staging pile to allow for mixing or blending for the primary purposes of subsequent waste consolidation or enhancement.
Allows remediation waste management units or activities to be authorized through permits, interim status, orders, or other authorization available under the Act.
Permits States to administer and enforce remediation waste management programs pursuant to programs authorized under the Act or this Act.  Sets forth required elements of such programs.  Authorizes States with approved programs to carry out such programs in lieu of the Federal program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Policy and Posture Review
Act of 2007''.

SEC. 2. REVISED NUCLEAR POLICY REVIEW AND NUCLEAR POSTURE REVIEW.

    (a) Nuclear Policy Review.--
            (1) In general.--The President shall conduct a nuclear
        policy review to consider a range of options on the role of
        nuclear weapons in United States security policy. The policy
        review shall be coordinated by the National Security Advisor
        and shall include the Secretary of State, the Secretary of
        Energy, the Secretary of Defense, the Director of National
        Intelligence, the Director of the Office of Management and
        Budget, and the Director of the Office of Science and
        Technology Policy.
            (2) Scope of review.--The nuclear policy review conducted
        under paragraph (1) shall--
                    (A) address the role and value of nuclear weapons
                in the current global security environment;
                    (B) set forth short-term and long-term objectives
                of United States nuclear weapons policy;
                    (C) consider the contributions of the Treaty on the
                Non-Proliferation of Nuclear Weapons, done at
                Washington, London, and Moscow July 1, 1968 (commonly
                referred to as the ``Nuclear Non-Proliferation
                Treaty''), to United States national security, and
                include recommendations for strengthening the Treaty;
                    (D) explore the relationship between the nuclear
                policy of the United States and nonproliferation and
                arms control objectives and international treaty
                obligations, including obligations under Article VI of
                the Nuclear Non-Proliferation Treaty;
                    (E) determine the role and effectiveness of the
                Treaty Between the United States of America and the
                Union of Soviet Socialist Republics on the Reduction
                and Limitation of Strategic Offensive Arms, signed at
                Moscow July 31, 1991 (commonly referred to as the
                ``START I Treaty''), and the Treaty Between the United
                States of America and the Russian Federation on
                Strategic Offensive Reductions, done at Moscow May 24,
                2002 (commonly referred to as the ``Moscow Treaty''),
                in achieving the national security and nonproliferation
                goals of the United States and in implementing United
                States military strategy, and describe the elements of
                a recommended successor treaty, including verification
                provisions; and
                    (F) provide policy guidance and make
                recommendations for the nuclear posture review to be
                conducted under subsection (b).
            (3) Outside input.--The policy review shall include
        contributions from outside experts and, to the extent possible,
        shall include public meetings to consider a range of views.
    (b) Nuclear Posture Review.--
            (1) In general.--Following completion of the nuclear policy
        review under subsection (a), the Secretary of Defense shall
        conduct a comprehensive review of the nuclear posture of the
        United States to clarify United States nuclear deterrence
        policy and strategy. The Secretary shall conduct the review in
        collaboration with the Secretary of Energy, the Secretary of
        State, the Director of National Intelligence, and the National
        Security Advisor.
            (2) Elements of review.--The nuclear posture review
        conducted under paragraph (1) shall include the following
        elements:
                    (A) The role of nuclear forces in United States
                military strategy, planning, and programming, including
                the extent to which conventional forces can assume
                roles previously assumed by nuclear forces.
                    (B) The policy requirements and objectives for the
                United States to maintain a safe, reliable, and
                credible nuclear deterrence posture, in light of the
                guidance provided by the nuclear policy review
                conducted under subsection (a).
                    (C) The targeting strategy required to implement
                effectively the guidance provided by the nuclear policy
                review conducted under subsection (a).
                    (D) The levels and composition of the nuclear
                delivery systems that will be required for implementing
                the United States national and military strategy,
                including any plans for removing, replacing, or
                modifying existing systems.
                    (E) The nuclear weapons complex that will be
                required for implementing the United States national
                and military strategy, including any plans to
                consolidate, modernize, or modify the complex.
                    (F) The active and inactive nuclear weapons
                stockpile that will be required for implementing the
                United States national and military strategy, including
                any plans for replacing or modifying warheads.
                    (G) An account of the different nuclear postures
                considered in the review and the reasoning for the
                selection of the nuclear posture.
    (c) Reports Required.--
            (1) Nuclear policy review.--Not later than September 1,
        2009, the President shall submit to Congress a report on the
        results of the nuclear policy review conducted under subsection
        (a).
            (2) Nuclear posture review.--Not later than March 1, 2010,
        the President shall submit to Congress a report on the results
        of the nuclear posture review conducted under subsection (b).
            (3) Form.--Each report required under this subsection shall
        be submitted in unclassified form, but may contain a classified
        annex.
    (d) Sense of Congress on Use of Nuclear Posture Review.--It is the
sense of Congress that the nuclear policy review conducted under
subsection (a) should be used as the basis for establishing future
strategic arms control objectives and negotiating positions of the
United States.
    (e) Restriction on Funding of Reliable Replacement Warhead
Program.--Notwithstanding any other provision of law, no funds may be
appropriated or otherwise made available for the Reliable Replacement
Warhead Program for fiscal years 2008, 2009, or 2010 until the reports
required under subsection (c) have been submitted to Congress.

Output:
Nuclear Policy and Posture Review Act of 2007 - Directs the President to conduct a nuclear policy review to consider a range of options on the role of nuclear weapons in U.S. security policy.

Requires the Secretary of Defense to conduct a comprehensive review of the U.S. nuclear posture to clarify U.S. nuclear deterrence policy and strategy.

Expresses the sense of Congress that the President's review should be used as the basis for establishing future U.S. strategic arms control objectives and negotiating positions.

Prohibits the appropriation or availability of funds for the Reliable Replacement Warhead Program for FY2008-FY2010 until reports on the above reviews have been submitted to Congress.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Weekends Without Hunger Act''.

SEC. 2. WEEKENDS AND HOLIDAYS WITHOUT HUNGER.

    Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following:
    ``(j) Weekends and Holidays Without Hunger.--
            ``(1) Definitions.--In this subsection:
                    ``(A) At-risk school child.--The term `at-risk
                school child' has the meaning given the term in section
                17(r)(1).
                    ``(B) Eligible institution.--
                            ``(i) In general.--The term `eligible
                        institution' means a public or private
                        nonprofit institution that is determined by the
                        Secretary to be able to meet safe food storage,
                        handling, and delivery standards established by
                        the Secretary.
                            ``(ii) Inclusions.--The term `eligible
                        institution' includes--
                                    ``(I) an elementary or secondary
                                school or school food service
                                authority;
                                    ``(II) a food bank or food pantry;
                                    ``(III) a homeless shelter; and
                                    ``(IV) such other type of emergency
                                feeding agency as is approved by the
                                Secretary.
            ``(2) Establishment.--Subject to the availability of
        appropriations provided in advance in an appropriations Act
        specifically for the purpose of carrying out this subsection,
        the Secretary shall establish a program under which the
        Secretary shall provide commodities, on a competitive basis, to
        eligible institutions to provide nutritious food to at-risk
        children on weekends and during extended school holidays during
        the school year.
            ``(3) Eligibility.--
                    ``(A) In general.--To be eligible to receive
                commodities under this subsection, an eligible
                institution shall submit an application to the
                Secretary at such time, in such manner, and containing
                such information as the Secretary may determine.
                    ``(B) Plan.--An application under subparagraph (A)
                shall include the plan of the eligible institution for
                the distribution of nutritious foods to at-risk school
                children, including--
                            ``(i) methods of food service delivery to
                        at-risk school children;
                            ``(ii) assurances that children receiving
                        foods under the project will not be publicly
                        separated or overtly identified;
                            ``(iii) lists of the types of food to be
                        provided under the project and provisions to
                        ensure food quality and safety;
                            ``(iv) information on the number of at-risk
                        school children to be served and the per-child
                        cost of providing the children with food; and
                            ``(v) such other information as the
                        Secretary determines to be necessary to assist
                        the Secretary in evaluating projects that
                        receive commodities under this subsection.
            ``(4) Priority.--In selecting applications under this
        subsection, the Secretary shall give priority to eligible
        institutions that--
                    ``(A) have on-going programs and experience serving
                populations with significant proportions of at-risk
                school children;
                    ``(B) have a good record of experience in food
                delivery and food safety systems;
                    ``(C) maintain high quality control,
                accountability, and recordkeeping standards;
                    ``(D) provide children with readily consumable food
                of high nutrient content and quality;
                    ``(E) demonstrate cost efficiencies and the
                potential for obtaining supplemental funding from non-
                Federal sources to carry out projects; and
                    ``(F) demonstrate the ability to continue projects
                for the full approved term of the pilot project period.
            ``(5) Guidelines.--
                    ``(A) In general.--The Secretary shall issue
                guidelines containing the criteria for projects to
                receive commodities under this section.
                    ``(B) Inclusions.--The guidelines shall, to the
                maximum extent practicable within the funds available
                and applications submitted, take into account--
                            ``(i) geographical variations in project
                        locations to include qualifying projects in
                        rural, urban, and suburban areas with high
                        proportions of families with at-risk school
                        children;
                            ``(ii) different types of projects that
                        offer nutritious foods on weekends and during
                        school holidays to at-risk school children; and
                            ``(iii) institutional capacity to collect,
                        maintain, and provide statistically valid
                        information necessary for the Secretary--
                                    ``(I) to analyze and evaluate the
                                results of the pilot project; and
                                    ``(II) to make recommendations to
                                Congress.
            ``(6) Evaluation.--
                    ``(A) Interim evaluation.--Not later than November
                30, 2013, the Secretary shall complete an interim
                evaluation of the pilot program carried out under this
                subsection.
                    ``(B) Final report.--Not later than December 31,
                2015, the Secretary shall submit to Congress a final
                report that contains--
                            ``(i) an evaluation of the pilot program
                        carried out under this subsection; and
                            ``(ii) any recommendations of the Secretary
                        for legislative action.
            ``(7) Funding.--
                    ``(A) Authorization of appropriations.--There is
                authorized to be appropriated to carry out this section
                such sums as are necessary, to remain available until
                expended.
                    ``(B) Availability of funds.--Not more than 3
                percent of the funds made available under subparagraph
                (A) may be used by the Secretary for expenses
                associated with review of the operations and evaluation
                of the projects carried out under this subsection.''.

            Passed the House of Representatives December 8, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Weekends Without Hunger Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture, subject to the availability of appropriations, to implement a pilot program providing commodities, on a competitive basis, to nonprofits for the provision of nutritious food to at-risk school children on weekends and during extended school holidays during the school year. (At-risk school children are those who participate in the school lunch program and reside in an area served by a school in which at least 50% of the students receive free or reduced price meals under the school lunch or breakfast programs.)

Includes elementary and secondary schools, school food authorities, food banks or pantries, homeless shelters, and other Secretary-approved emergency feeding agencies as eligible nonprofit recipients of such commodities.

Requires commodity recipients to satisfy safe food storage, handling, and delivery standards established by the Secretary.

Directs the Secretary to: (1) complete an interim evaluation of the pilot program by November 30, 2013; and (2) submit a final report to Congress by December 31, 2015, that contains an evaluation of such program and any recommendations the Secretary may have for legislative action.

Authorizes appropriations for the pilot program.


Input:
SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Medicare Drug Card
Guaranteed Savings Act''.
    (b) Findings.--Congress finds the following:
            (1) Americans who buy their own prescription drugs often
        pay twice as much for prescription drugs as consumers in
        foreign nations or as the price the Department of Veterans
        Affairs obtains by negotiating directly with the pharmaceutical
        manufacturers. In some cases, older Americans pay 10 times more
        for prescription drugs than such customers. Prescription drug
        prices have increased 3.4 percent during the first quarter of
        2004, nearly three times the rate of inflation.
            (2) The Medicare Prescription Drug, Improvement, and
        Modernization Act of 2003 (Public Law No: 108-173) established
        a program for the endorsement of medicare drug discount card
        programs in order to provide for reduced prices for drugs for
        medicare beneficiaries and provide a subsidy for low-income
        medicare beneficiaries.
            (3) There are currently more than 70 endorsed medicare drug
        discount card programs. Medicare drug discount card programs
        can change the drugs that they offer and the size of the
        discounts every seven days. Medicare beneficiaries are allowed
        to change their current medicare drug discount card program
        only once, during an annual enrollment period between November
        15 and December 31, 2004.
            (4) Enrollment in medicare drug discount card programs has
        been less than projected due to the complexity of the programs,
        the limited number of drugs covered under most programs, the
        changing prescription drug needs of beneficiaries, and
        beneficiaries' concern that the programs do not guarantee real
        savings on prescription drug purchases. As of July 19, 2004,
        fewer than 14 percent of low-income medicare beneficiaries who
        qualify for the $600 subsidy under the law have enrolled in a
        medicare drug discount card program.
            (5) Currently, medicare discount drug card sponsors are
        required to pass on to enrollees only an undefined ``share'' of
        the rebates they secure from drug manufacturers and card
        sponsors can use the remaining savings for administrative costs
        and profit. The law does not require the sponsors to reveal to
        enrollees the size of the rebates secured from drug
        manufacturers or to disclose what portion of those rebates are
        kept by the sponsors and not passed on to enrollees.
            (6) There is a need for a Federal national medicare
        prescription drug discount card program that offers guaranteed
        discounts on all prescription drugs and that aggregates the
        buying power of all medicare beneficiaries in order to
        negotiate significant reductions in price.

SEC. 2. OFFERING OF FEDERAL NATIONAL PRESCRIPTION DRUG DISCOUNT CARD
              PROGRAM.

    (a) Offering of Program.--
            (1) In general.--Subsection (a)(1) of section 1860D-31 of
        the Social Security Act (42 U.S.C. 1395w-141) is amended--
                    (A) by striking ``and'' at the end of subparagraph
                (A);
                    (B) by striking the period at the end of
                subparagraph (B) and inserting ``; and''; and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(C) to provide for the offering of a Federal
                national prescription drug discount card program that
                is available for discount card eligible individuals
                throughout the United States (including the
                territories) and that meets the requirements under
                subsection (l)(1) in addition to the requirements
                otherwise applicable to an endorsed discount card
                program.''.
            (2) Exclusive program in 2005.--Subsection (c)(1)(C) of
        such section is amended--
                    (A) in clause (i), by striking ``clauses (ii) and
                (iii)'' and inserting ``clauses (ii) through (iv)'';
                and
                    (B) by adding at the end the following new clause:
                            ``(iv) Limitation to enrollment in federal
                        national prescription drug discount card
                        program in 2005.--Notwithstanding any other
                        provision of this section, for periods
                        beginning with January 1, 2005, the only
                        discount card program in which an individual
                        may be enrolled under this section shall be the
                        Federal national prescription drug discount
                        card program described in subsection (l).
                        Individuals enrolled in another program as of
                        December 31, 2004, who do not affirmatively
                        disenroll from all discount card programs under
                        this section are deemed to be enrolled in such
                        Federal national prescription drug discount
                        card program.''.
    (b) Additional Program Requirements.--Such section is further
amended by adding at the end the following new subsection:
    ``(l) Provisions Relating to Federal National Prescription Drug
Discount Card Program.--
            ``(1) Additional requirements.--The Federal national
        prescription drug discount card program described in subsection
        (a)(1)(C) shall also meet the following requirements:
                    ``(A) Discounted prices.--Through direct
                negotiations with prescription drug manufacturers, the
                discounted prices offered under the program shall be
                less than prices otherwise available in the retail
                market. Through such negotiations, the Secretary shall
                obtain discounted prices that are at least as low as
                the manufacturer's average foreign price (as defined in
                paragraph (3)) for the drug involved.
                    ``(B) Passing through all savings.--The full amount
                of discounted savings are passed through to enrollees.
                    ``(C) Fee for card.--The annual fee for enrollment
                in the program shall be $30 (except as provided under
                subparagraphs (E) through (G) of subsection (c)(1)),
                which fees shall be available to the Secretary for
                administrative expenses in offering such program.
                    ``(D) National availability.--The program shall be
                made available to individuals residing anyplace in the
                United States.
                    ``(E) Handling fee for pharmacists.--The program
                shall be designed to provide for a reasonable handling
                fee for pharmacists in connection with the provision of
                drugs obtained under the program and shall be
                approximately equal to the average handling fee for
                pharmacists of other large insurance plans that
                administer drug benefits.
            ``(2) Oversight.--The oversight authority of the Secretary
        under subsection (i)(2) with respect to such Federal national
        prescription drug discount card program shall be exercised by
        the Inspector General of the Department of Health and Human
        Services.
            ``(3) Average foreign price defined.--
                    ``(A) In general.--For purposes of this subsection,
                the term `average foreign price' means, with respect to
                a covered discount card drug, the average price that
                the manufacturer of the drug realizes on the sale of
                drugs with the same active ingredient or ingredients
                that are consumed in Canada, France, Germany, Italy,
                Japan, and the United Kingdom, taking into account--
                            ``(i) any rebate, contract term or
                        condition, or other arrangement (whether with
                        the purchaser or other persons) that has the
                        effect of reducing the amount realized by the
                        manufacturer on the sale of the drugs;
                            ``(ii) adjustments for any differences in
                        dosage, formulation, or other relevant
                        characteristics of the drugs; and
                            ``(iii) any other contract or side
                        agreement that has the effect of adjusting the
                        effective price of the drug, including
                        agreements to purchase non-drug products.
                    ``(B) Exempt transactions.--The Secretary may, by
                regulation, exempt from the calculation of the average
                foreign price of a drug those prices realized by a
                manufacturer in transactions that are entered into for
                charitable purposes, for research purposes, or under
                other unusual circumstances, if the Secretary
                determines that the exemption is in the public interest
                and is consistent with the purposes of this section.''.
    (c) Conforming Amendments.--Such section is further amended--
            (1) in subsection (h)(1)(A), by adding after and below
        clause (v) the following new sentence:
                ``Such term also includes the Secretary with respect to
                the offering of the Federal national prescription drug
                discount card program described in subsection
                (a)(1)(C).'';
            (2) in subsection (h)(2)(A), by adding at the end the
        following: ``The Secretary shall establish a separate procedure
        for the qualification of the Federal national prescription drug
        discount card program described in subsection (a)(1)(C).''; and
            (3) in subsection (k)(6), by inserting before the period at
        the end the following: ``, except in the case of the Federal
        national prescription drug discount card program described in
        subsection (a)(1)(C)''.
    (d) Implementation.--
            (1) Availability of funds.--Notwithstanding any other
        provision of law, funds provided under section 1015 of the
        Medicare Prescription Drug, Improvement, and Modernization Act
        of 2003 (Public Law 108-173) shall be available to the
        Secretary of Health and Human Services for reasonable
        administrative costs in offering the Federal national
        prescription drug discount card program described in section
        1860D-31(a)(1)(C) of the Social Security Act, as added by
        subsection (a).
            (2) Timely implementation.--The Secretary shall take such
        steps as may be required to provide for the offering of such
        program during the annual open enrollment period occurring in
        November, 2004.

Output: Medicare Drug Card Guaranteed Savings Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to provide for the offering of a Federal national prescription drug discount card program. Charges a $30 fee for the card under the program. Provides for direct negotiations by the Secretary of Health and Human Services with prescription drug manufacturers to obtain discount prices that are to be less than prices otherwise available in the retail market. Provides that: (1) for periods beginning with January 1, 2005, the only discount card program in which an individual may be enrolled shall be the Federal national prescription drug discount card program; and (2) individuals enrolled in another program as of December 31, 2004, who do not affirmatively disenroll from all discount card programs are deemed to be enrolled in such Federal national prescription drug discount card program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pharmaceutical Supply and Value
Enhancement Act'' or the ``Pharmaceutical SAVE Act''.

SEC. 2. TEMPORARY IMPORTATION OF PRESCRIPTION DRUGS.

    (a) Temporary Importation.--Section 506C of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356c) is amended--
            (1) by redesignating subsections (h) and (i) as subsections
        (i) and (j), respectively; and
            (2) by inserting after subsection (g) the following:
    ``(h) Temporary Importation Authority.--
            ``(1) In general.--If, based on notifications described in
        subsection (a) or any other relevant information, the Secretary
        concludes that there is, or is likely to be, a drug shortage of
        a drug described in subsection (a), except as provided in
        paragraph (3), the Secretary shall authorize importation of
        such drug for a period of up to 3 years if--
                    ``(A) the drug is a drug subject to section
                503(b)(1), other than a drug described in subparagraphs
                (A) through (F) of section 804(a)(3);
                    ``(B) the drug is authorized to be lawfully
                marketed in one or more of the countries included in
                the list under section 802(b)(1);
                    ``(C) the imported drug has the same active
                ingredient as the drug for which there is a shortage
                described in subsection (i)(2)(B) with respect to
                manufacturers in the United States;
                    ``(D) the manufacturer certifies to the Secretary
                that it intends to seek approval of the drug under
                section 505(j); and
                    ``(E) an importer (as defined in section 804(a))
                files with the Secretary information--
                            ``(i) attesting that the requirements under
                        subparagraphs (A) through (D) are satisfied;
                            ``(ii) identifying the drug the importer
                        proposes to import and the manufacturer from
                        whom the importer proposes to import such drug;
                        and
                            ``(iii) requesting authority to import the
                        drug.
            ``(2) Beginning date of importation.--If all of the
        conditions under paragraph (1) are met, the Secretary shall
        authorize importation of a drug in accordance with such
        paragraph beginning not later than 60 days after receipt of the
        information under paragraph (1)(E).
            ``(3) Discretionary denial of importation.--The Secretary
        may deny importation of a drug otherwise qualified for
        importation under paragraph (1) if the Secretary determines
        that--
                    ``(A) the drug is not safe and effective;
                    ``(B) the drug is used in conjunction with a device
                for which there is no reasonable assurance of safety
                and effectiveness; or
                    ``(C) the authorization to market the drug in one
                or more of the countries included in the list under
                section 802(b)(1) has been rescinded or withdrawn
                because of any concern relating to the safety or
                effectiveness of the drug.
            ``(4) Termination of authority.--The authority to import a
        drug pursuant to paragraph (1) shall terminate after 3 years,
        or when the drug shortage no longer applies, whichever occurs
        first.''.
    (b) Noncompetitive Drug Markets.--Chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting
after section 506C-1 the following:

``SEC. 506C-2. NONCOMPETITIVE DRUG MARKETS.

    ``(a) In General.--If the Secretary determines under subsection (b)
that a noncompetitive market exists with respect to an applicable drug,
the Secretary--
            ``(1) shall treat such noncompetitive market as creating a
        drug shortage for purposes of section 506C(g), and may expedite
        the review of applications and inspections in accordance with
        such subsection; and
            ``(2) shall treat such noncompetitive market as creating a
        drug shortage for purposes of section 506C(h), and shall
        authorize importation of the drug in accordance with such
        subsection.
    ``(b) Determination of Noncompetitive Market.--
            ``(1) In general.--The Secretary shall determine that a
        noncompetitive market exists with respect to an applicable drug
        if--
                    ``(A) for at least 2 consecutive months prior to
                the determination, fewer than 5 drugs approved under
                section 505(c) (referred to in this paragraph as the
                `applicable listed drug') or under section 505(j) that
                reference the applicable listed drug were commercially
                available in the United States;
                    ``(B) the applicable listed drug was approved at
                least 10 years before such determination; and
                    ``(C) each patent which claims an active ingredient
                of the applicable listed drug has expired.
            ``(2) Commercially available.--
                    ``(A) In general.--For purposes of paragraph
                (1)(A), a drug is not commercially available in the
                United States if--
                            ``(i) the holder of an application approved
                        under subsection (c) or (j) of section 505 has
                        publicly announced that it has discontinued the
                        manufacturing of the drug;
                            ``(ii) a drug approved under subsection (c)
                        or (j) of section 505 has been withdrawn or
                        discontinued; or
                            ``(iii) the Secretary has any other
                        reasonable basis to conclude that a drug
                        approved under subsection (c) or (j) of section
                        505 is not competitively relevant.
                    ``(B) Holder of approved application.--In
                determining whether 5 drugs are commercially available
                under paragraph (1)(A), in the case of a single person
                who is the holder of more than 1 application approved
                as described in paragraph (1)(A) with respect to an
                applicable drug, only 1 such drug shall be considered
                to be commercially available.
    ``(c) Applicable Drug.--In this section, the term `applicable drug'
means a drug that is not a radio pharmaceutical drug product or any
other product as designated by the Secretary.''.
    (c) Annual Reporting on Drug Shortages.--Section 506C-1(a)(3)(B) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c-1(a)(3)(B)) is
amended--
            (1) in clause (i), by striking ``; and'' and inserting
        ``;'';
            (2) in clause (ii), by adding ``and'' after the semicolon;
        and
            (3) by inserting after clause (ii) the following:
                    ``(iii) the number of drugs authorized for
                temporary importation under section 506C(h);''.

Output: Pharmaceutical Supply and Value Enhancement Act or the Pharmaceutical SAVE Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to authorize importation of life-saving drugs for which there is, or is likely to be, a shortage. For a drug to be imported, the drug's manufacturer must intend to seek FDA approval of the drug as a generic drug. The FDA may deny importation of a drug for reasons related to safety or effectiveness.  Drugs in noncompetitive markets must be treated as being in a shortage for purposes of this bill and for purposes of expedited inspections and review. A drug is in a noncompetitive market if: (1) there are fewer than five holders of approved applications for commercially available brand name or generic versions of the drug, (2) the drug has been approved for at least 10 years, and (3) patents on the active ingredient of the drug have expired.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local School Board Governance and
Flexibility Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the responsibility for education resides with the
        States, which have delegated to local school boards the power
        and authority to adopt policies, establish priorities, and
        provide accountability to direct the operation of neighborhood
        schools;
            (2) local school boards are held accountable by local
        voters to represent the interests of students, parents, local
        businesses, civic organizations, taxpayers, and the community
        at large in determining, subject to State laws and policies,
        the direction, values, climate, and financial support of the
        schools in their community;
            (3) the vital national interest in local self-governance of
        local educational agencies has been weakened through Department
        of Education requirements that are either unnecessary to
        achieve the specific direction of legislation enacted by
        Congress, or that impose unnecessary limits on the flexibility
        needed by local educational agencies in order to meet local,
        State, and Federal goals in education; and
            (4) to support the local decisionmaking function of local
        educational agencies, the Secretary of Education should engage
        only in issuing regulations, rules, grant conditions, guidance
        materials, and other requirements under the jurisdiction of the
        Department that are--
                    (A) specifically required to implement Federal
                legislation; and
                    (B) demonstrated to be educationally,
                operationally, and financially within the capacity of
                local educational agencies to implement.

SEC. 3. AUTHORITY OF THE SECRETARY.

    Unless specifically authorized by Federal law, the Secretary may
not issue a Federal regulation, rule, grant condition, guidance
material, or other requirement pertaining to a State educational agency
or a local educational agency that--
            (1) conflicts with the power and authority of the local
        educational agency delegated by the State regarding the
        operation of the schools (including the school system's mission
        and goals, organization, local budget and budget priorities,
        education program, curriculum, or extra-curricular activities),
        student health services and safety, transportation and school
        boundaries, procurement policies, staffing and personnel
        policies, capital construction, authority to levy taxes, issue
        bonds, and acquire land, and other functions essential to the
        daily operation of the schools within the jurisdiction of the
        local educational agency;
            (2) results in additional costs to the local educational
        agency for reporting, grant administration, and general
        operations, unless fully funded from Federal funds;
            (3) conflicts with the power and authority of the local
        educational agency to determine how to engage or act upon
        community participation and advice;
            (4) imposes requirements on a local educational agency or
        State educational agency that would limit or adversely affect
        the authority of the local educational agency or State
        educational agency to function as a legislative, executive, or
        quasi-judicial agency;
            (5) conflicts with the authority of--
                    (A) a State to determine the appropriate governance
                structure of--
                            (i) the State educational agency; or
                            (ii) the State's local educational
                        agencies; or
                    (B) a State educational agency or local educational
                agency to determine the appropriate governance and
                management of the schools that the State educational
                agency or local educational agency serve;
            (6) establishes reporting requirements for State
        educational agencies or local educational agencies that
        duplicate existing Federal requirements or that are issued
        without first conducting a fiscal impact statement related to
        the costs to State educational agencies or local educational
        agencies, as the case may be, including requests for data and
        recommendations from State educational agencies or local
        educational agencies and national education organizations
        consistent with the provisions of section 4(a); or
            (7) places conditions or requirements on a grant to a State
        or local educational agency that are not directly related to,
        or that do not directly support, the intent of the specific
        purpose of the grant or the legislation authorizing such grant.

SEC. 4. OPPORTUNITY FOR COMMENT REGARDING LOCAL IMPACT.

    (a) In General.--During each fiscal year (beginning with the fiscal
year following the fiscal year in which this Act is enacted), the
Secretary of Education shall provide local educational agencies and the
major national education organizations, including those representing
local school boards, local school superintendents, principals, and
teachers, a minimum of 60 days in order to provide written comments
regarding the local impact of implementing Federal regulations, rules,
grant conditions, guidance materials, or other requirements for any
applicable program or activity of the Secretary.
    (b) Report.--The Secretary of Education shall prepare and publish a
report based on the comments received pursuant to subsection (a), which
shall be forwarded to the chairs and ranking members of the Education
and Workforce Committee of the House of Representatives and the Health,
Education, Labor and Pensions Committee of the Senate not later than
July 1 of each year and shall be simultaneously posted on the
Department of Education's website.

SEC. 5. EFFICIENCY IN IMPLEMENTING FEDERAL PROGRAMS.

    (a) Eliminating Reporting Duplications.--Not later than 180 days
after the date of enactment of this Act, the Secretary of Education
shall conduct a review of existing reporting requirements applicable to
local educational agencies resulting from programs and activities under
the jurisdiction of the Department of Education to determine
duplications and make modifications as necessary to eliminate such
reporting duplications.
    (b) Prohibition.--The Secretary may not promulgate any regulation,
rule, guidance material, grant condition, or other requirement
pertaining to a State educational agency or a local educational agency,
without first taking the following actions:
            (1) Requesting data and recommendations from State
        educational agencies, local educational agencies, and the major
        national education organizations representing chief State
        school officers, local school boards, local school
        superintendents, principals, and teachers regarding the
        educational, financial, and operational costs involved for
        implementation, and publishing the data and recommendations
        provided upon issuance of such regulation, rule, guidance
        material, grant condition, or other requirement and posting
        that information on the Department of Education's website.
            (2) Verifying, based on the data set forth in paragraph
        (1), that local educational agencies will have the financial
        resources and the technical assistance such agencies may need
        to successfully implement the regulation, rule, guidance
        material, grant condition, or other requirement, including any
        Federal requirement that would extend beyond the time that
        Federal assistance is available for that purpose.
            (3) Providing State educational agencies, local educational
        agencies, and the national education organizations identified
        in paragraph (1) with not less than 60 days notice following
        the Secretary's publication of a notice of intent to issue any
        regulation, rule, guidance material, grant condition, or other
        requirement to respond, unless a shorter time period is needed
        to meet an emergency such as a declared natural disaster.
            (4) Ensuring that maximum flexibility is provided to State
        educational agencies and local educational agencies in
        implementing any regulation, rule, guidance material, grant
        condition, or other requirement.
    (c) Review and Response.--If a local educational agency or an
organization identified in subsection (b) provides the Secretary of
Education with a written statement demonstrating that a regulation,
rule, guidance material, grant condition, or other requirement does not
meet the substantive or procedural requirements of this Act, the
Secretary, or the Secretary's designee, shall review the merits of that
statement, provide a written response within 60 days, and post that
response on the Department of Education's website, including a
description of what action, if any, the Secretary will take to correct
any deficiency that the Secretary determines exists.

Output: Local School Board Governance and Flexibility Act Expresses the sense of Congress that: (1) the responsibility for education resides with the states and the local educational agencies (LEAs) to which they have delegated authority; and (2) the Secretary of Education should only issue those regulations, rules, guidance materials, grant conditions, or other requirements that are specifically needed to implement federal legislation and are within LEAs' educational, operational, and financial capacity.  Prohibits the Secretary, unless specifically authorized by federal law, from issuing regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs that:    conflict with the authority of LEAs delegated to them by their state;   result in additional costs to LEAs for reporting, grant administration, and general operations that are not fully covered by the federal government;   conflict with the authority of LEAs to determine how to engage or act upon community participation and advice;   impose requirements on LEAs or state educational agencies (SEAs) that would adversely affect their authority to function as legislative, executive, or quasi-judicial agencies;   conflict with states' authority to determine the appropriate governance structure of their SEA or LEAs, or their SEA's or LEAs' authority to determine how schools are governed or managed;   establish SEA or LEA reporting requirements that duplicate existing federal requirements or are issued without first conducting a fiscal impact statement; or   place conditions or requirements on grants to states or LEAs that do not directly relate to, or do not directly support, the intent of the grants or legislation authorizing the grants.  Directs the Secretary during each fiscal year to provide LEAs and the major national education organizations at least 60 days to provide written comments regarding the local impact of implementing federal regulations, rules, guidance materials, grant conditions, or other requirements for any applicable program or activity of the Secretary. Directs the Secretary to review existing LEA reporting requirements to identify and eliminate those that are duplicative. Prohibits the Secretary from promulgating federal regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs without first:    requesting data and recommendations from SEAs, LEAs, and the major national education organizations regarding the educational, financial, and operational costs involved in implementing them;   verifying that LEAs will have the financial resources and technical assistance they may need to successfully implement the requirements;   giving SEAs, LEAs, and national educational organizations at least 60 days' notice to respond to such requirements before they are issued, except in certain emergencies; and  giving SEAs and LEAs maximum flexibility in implementing the requirements.   Provides that if an LEA or major national education organization provides the Secretary with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary must review the merits of the statement, issue a written response within 60 days, and post that response on the Department of Education's website.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Continuity of Electric Capacity
Resources Act''.

SEC. 2. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY
              RESOURCES.

    Title II of the Federal Power Act (16 U.S.C. 824 et seq.) is
amended by adding at the end the following:

``SEC. 224. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY
              RESOURCES.

    ``(a) Definitions.--In this subsection:
            ``(1) Bulk-power system; transmission organization.--The
        terms `bulk-power system' and `transmission organization' have
        the meaning given the terms in section 215.
            ``(2) Electric capacity resource.--The term `electric
        capacity resource' means an electric generating resource, as
        measured by the maximum load-carrying ability of the resource,
        exclusive of station use and planned, unplanned, or other
        outage or derating.
            ``(3) Regional reliability coordinator.--The term `regional
        reliability coordinator' has the meaning given the term
        `reliability coordinator' (as defined by the Electric
        Reliability Organization).
    ``(b) Electric Capacity Resources Report.--
            ``(1) Notice.--Not later than 14 days after the date of
        enactment of this section, the Commission shall submit to each
        transmission organization with a tariff on file with the
        Commission that includes provisions addressing the procurement
        of electric capacity resources notice that the transmission
        organization is required to file with the Commission a report
        in accordance with paragraph (2).
            ``(2) Report.--Not later than 180 days after the date on
        which a transmission organization receives a notice under
        paragraph (1), the transmission organization shall submit to
        the Commission a report that--
                    ``(A)(i) identifies electric capacity resources
                that are available to the transmission organization as
                of the date of the report; and
                    ``(ii) describes the fuel sources and operational
                characteristics of each electric capacity resource
                identified under clause (i);
                    ``(B) evaluates, using generally accepted metrics,
                the financial health, viability, and projected
                remaining years of service of the available electric
                capacity resources identified under subparagraph
                (A)(i);
                    ``(C) identifies--
                            ``(i) over the short- and long-term periods
                        in the planning cycle of the transmission
                        organization, announced and projected
                        retirements of the available electric capacity
                        resources;
                            ``(ii) the projected future needs of the
                        transmission organization for electric capacity
                        resources; and
                            ``(iii) the availability of transmission
                        facilities and transmission support services
                        necessary to provide for the transmission
                        organization reasonable assurances of essential
                        reliability services, including adequate
                        voltage support;
                    ``(D) assesses the current and projected status of
                the reliability of the elements of the bulk-power
                system under the control of the transmission
                organization, over the short- and long-term periods in
                the planning cycle of the transmission organization
                (including the current and projected status of electric
                capacity resources), as determined by the regional
                reliability coordinator that has been designated by the
                Electric Reliability Organization to have oversight
                over the bulk-power system elements under the control
                of the transmission organization; and
                    ``(E) prior to the submission of the report, has
                been made available to members of the transmission
                organization and to the public for comment.
    ``(c) Tariff Amendments.--
            ``(1) In general.--Not later than 180 days after the date
        on which the Commission receives a report submitted under
        subsection (b), the transmission organization that submitted
        the report shall file with the Commission--
                    ``(A) 1 or more tariff amendments that would
                achieve each of the objectives described in paragraph
                (2) with respect to the transmission organization; and
                    ``(B) supporting information that demonstrates the
                manner in which the amendments would achieve each of
                those objectives, taking into account the report
                submitted under subsection (b)(2).
            ``(2) Objectives.--The objectives referred to in paragraph
        (1) are the following:
                    ``(A) A diverse generation portfolio and the
                availability of transmission facilities and
                transmission support services necessary to provide
                reasonable assurances of a continuous supply of
                electricity for customers of the transmission
                organization at the proper voltage and frequency.
                    ``(B) An enhanced opportunity for self-supply of
                electric capacity resources by electric cooperatives,
                Federal power marketing agencies, and State utilities
                with a service obligation (as those terms are defined
                in section 217(a)), with the term `self-supply' to be
                defined in the supporting information filed under
                paragraph (1).
                    ``(C) A reasonable assurance of short- and long-
                term reliability, with the terms `short-term
                reliability' and `long-term reliability' to be defined
                by the applicable regional reliability coordinator
                referred to in subsection (b)(2)(D).
                    ``(D) A reasonable likelihood of prudent investment
                in, and adequate fuel supply for, existing and future
                electric capacity resources over the short- and long-
                term periods in the planning cycle identified in the
                applicable report submitted under subsection (b)(2).''.

SEC. 3. ACTIVITIES CARRIED OUT UNDER AN AUTHORIZATION DURING WAR OR
              EMERGENCY.

    Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is
amended--
            (1) in the first sentence, by striking ``(c) During'' and
        inserting the following:
    ``(c) Authorization During War or Emergency.--
            ``(1) In general.--During''; and
            (2) by adding at the end the following:
            ``(2) No liability.--Any person subject to an order issued
        under this subsection shall not be liable for actions carried
        out in compliance with the order.''.

Output: Continuity of Electric Capacity Resources Act  This bill amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to notify transmission organizations that they must file an electric capacity resources report if they have a tariff on file that addresses the procurement of electric capacity resources.  Report contents must:   identify electric capacity resources available to the transmission organization;  describe the fuel sources and operational characteristics of each electric capacity resource;  evaluate the financial health, viability, and projected remaining years of service of these available electric capacity resources; and  assess the current and projected reliability of the elements of the bulk-power system under the transmission organization's control.  Subsequent to this report, transmission organizations must also submit tariff amendments that would achieve specified objectives, including a diverse generation portfolio and the availability of transmission facilities and transmission support services that would provide a continuous supply of electricity for customers.  The bill shields any person from liability for actions taken to comply with a FERC order for temporary connections and exchanges of facilities during war or an energy emergency.