Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FHA Seller-Financed Downpayment
Reform and Risk-Based Pricing Authorization Act of 2008''.

SEC. 2. FHA SELLER-FINANCED DOWNPAYMENT PROGRAM.

    Paragraph (9) of section 203(b) of the National Housing Act (12
U.S.C. 1709(b)(9)) is amended--
            (1) in subparagraph (C), by striking ``In no case shall the
        funds required by subparagraph (A)'' and inserting the
        following: ``Except in the case of a mortgage described in
        subparagraph (D), the funds required by subparagraph (A) shall
        not''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(D) Exceptions to prohibited sources.--A mortgage
                described in this subparagraph is any of the following
                mortgages:
                            ``(i) A mortgage under which the mortgagor
                        has a credit score equivalent to a FICO score
                        of 680 or greater.
                            ``(ii) A mortgage under which--
                                    ``(I) the mortgagor has a credit
                                score equivalent to a FICO score of at
                                least 620 but less than 680; and
                                    ``(II) mortgage insurance premiums
                                charged are established--
                                            ``(aa) at levels necessary,
                                        but no higher than needed, to
                                        allow such class of loans to be
                                        insured without resulting in a
                                        need for an appropriation for a
                                        credit subsidy, which may
                                        exceed the maximum amount
                                        permitted under section
                                        203(c)(2)(B);
                                            ``(bb) in the case of the
                                        single premium collected at the
                                        time of insurance, in an amount
                                        not exceeding 3.0 percent of
                                        the amount of the original
                                        principal obligation of the
                                        mortgage; and
                                            ``(cc) in the case of the
                                        annual premium for a mortgage
                                        under which the mortgagor has a
                                        credit score equivalent to a
                                        FICO score of at least 640 but
                                        less than 680, in an amount not
                                        exceeding 1.25 percent of the
                                        remaining insured principal
                                        balance (excluding the portion
                                        of the remaining balance
                                        attributable to the premium
                                        collected at the time of
                                        insurance and without taking
                                        into account delinquent
                                        payments or prepayments).
                            ``(iii) For mortgages insured in fiscal
                        year 2010 or thereafter, a mortgage under which
                        the mortgagor has a credit score equivalent to
                        a FICO score of 619 or less, but only if the
                        Secretary certifies that such loans can be
                        insured without resulting in a need for an
                        appropriation for a credit subsidy. For such
                        mortgages, the Secretary may charge premiums at
                        levels authorized under items (bb) and (cc) of
                        clause (ii)(II) and may establish a credit or
                        FICO score limitation or impose such other
                        requirements as are necessary to meet the
                        conditions for certification under this clause.
                    ``(E) Requirements for downpayment assistance
                entities.--Any entity participating in a program that
                provides downpayment assistance for a mortgage
                described in subparagraph (D) pursuant to the exception
                under subparagraph (C), which programs shall include
                programs of governmental agencies and private nonprofit
                organizations, shall, before the closing for the loan
                involved in the mortgage in connection with which such
                assistance is provided--
                            ``(i) offer to make available, to the
                        mortgagor, counseling regarding the
                        responsibilities and financial management
                        involved in homeownership;
                            ``(ii) if such offer is accepted by the
                        mortgagor, make such counseling available for
                        the mortgagor; and
                            ``(iii) in the case of any such entity that
                        is a private nonprofit organization, implement
                        a conflict of interest policy that prohibits
                        directors, officers, employees, and immediate
                        family members from receiving financial
                        benefits from any entity that is providing the
                        program with goods or services other than the
                        homeownership assistance program entity itself
                        or its wholly owned affiliate.
                    ``(F) Civil money penalties for improperly
                influencing appraisals.--The Secretary may impose a
                civil money penalty, in the same manner and to the same
                extent as for a violation under section 536, for
                compensating, instructing, inducing, coercing, or
                intimidating any person who conducts an appraisal of
                the property to be subject to a mortgage described in
                subparagraph (D) and under which any part of the funds
                required by subparagraph (A) are provided to a party
                described in subparagraph (C), or attempting to
                compensate, instruct, induce, coerce, or intimidate
                such a person, for the purpose of causing the appraised
                value assigned to the property under the appraisal to
                be based on any other factor other than the independent
                judgment of such person exercised in accordance with
                applicable professional standards.''.

SEC. 3. LIMITATIONS ON RISK-BASED PRICING.

    Section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) is
amended by adding at the end the following new paragraphs:
            ``(3) Limitations on risk-based pricing.--Except as
        provided in paragraph (4), the Secretary of Housing and Urban
        Development shall not take any action on or after October 1,
        2008, to implement or carry out--
                    ``(A) risk-based premiums, which are designed for
                mortgage lenders to offer borrowers an FHA-insured
                product that provides a range of mortgage insurance
                premium pricing, based on the risk that the insurance
                contract represents, as set forth in the Notice
                published in the Federal Register on May 13, 2008 (Vol.
                73, No. 93, Pages 27703 through 27711) (effective July
                14, 2008); or
                    ``(B) any other risk-based premium product related
                to the insurance of any mortgage on a single family
                residence under this title, where the premium price for
                such new product is based in whole or in part on a
                borrower's Decision Credit Score, as that term is
                defined in the Notice referred to in subparagraph (A),
                or any successor thereto.
            ``(4) Flexible risk-based premiums.--Notwithstanding
        paragraph (3) of this subsection and section 2133 of the FHA
        Modernization Act of 2008 (Public Law 110-289):
                    ``(A) Authority.--In the case only of a mortgage
                under which the mortgagor has a credit score equivalent
                to a FICO score of less than 600, the Secretary may
                establish a mortgage insurance premium structure
                involving a single premium payment collected prior to
                the insurance of the mortgage or annual payments (which
                may be collected on a periodic basis), or both, under
                which the rate of premiums for such a mortgage may vary
                according to the credit risk associated with the
                mortgagor and the rate of any annual premium for such a
                mortgage may vary according to such credit risk during
                the mortgage term as long as the basis for determining
                the variable rate is established before the execution
                of the mortgage. The Secretary may change a premium
                structure established under this subparagraph but only
                to the extent that such change is not applied to any
                mortgage already executed.
                    ``(B) Establishment and alteration of premium
                structure.--A premium structure shall be established or
                changed under subparagraph (A) only by providing notice
                to mortgagees and to the Congress, at least 30 days
                before the premium structure is established or changed.
                    ``(C) Annual report regarding premiums.--The
                Secretary shall submit a report to the Congress
                annually setting forth the rate structures and rates
                established and altered pursuant to this paragraph
                during the preceding 12-month period and describing how
                such rates were determined.
                    ``(D) Considerations for premium structure.--When
                establishing and collecting premiums for mortgages
                insured under a premium structure established under
                this paragraph, the Secretary shall consider the
                following:
                            ``(i) The effect of the proposed premiums
                        or structure on the Secretary's ability to meet
                        the operational goals of the Mutual Mortgage
                        Insurance Fund as provided in section 202(a).
                            ``(ii) Underwriting variables.
                            ``(iii) The extent to which new pricing
                        under the proposed premiums or structure has
                        potential for acceptance in the private market.
                            ``(iv) The administrative capability of the
                        Secretary to administer the proposed premiums
                        or structure.
                            ``(v) The effect of the proposed premiums
                        or structure on the Secretary's ability to
                        maintain the availability of mortgage credit
                        and provide stability to mortgage markets.
                    ``(E) Authority to base premium prices on product
                risk.--
                            ``(i) Authority.--In establishing premium
                        rates under this title, the Secretary may
                        provide for variations in such rates according
                        to the credit risk associated with the type of
                        mortgage product that is being insured under
                        this title, which may include providing that
                        premium rates differ between fixed-rate
                        mortgages and adjustable-rate mortgages insured
                        pursuant to section 251, between mortgages for
                        condominiums and mortgages for other interests
                        in properties, between mortgages having
                        different ratios of the principal obligation
                        under the mortgage to the appraised value of
                        the property, and between such other products
                        as the Secretary considers appropriate.
                    ``(F) Payment incentives.--
                            ``(i) Authority.--With respect to mortgages
                        for which insured the Secretary is authorized
                        to establish a premium structure under this
                        paragraph, the Secretary shall provide that the
                        payment incentive under subparagraph (ii)
                        applies upon the expiration of the 5-year
                        period beginning upon the time of insurance of
                        such a mortgage, and the Secretary may provide
                        that the payment incentive under clause (ii)
                        applies upon the expiration of the 3-year
                        period beginning upon the time of insurance of
                        such a mortgage. The Secretary may limit such
                        discretionary authority to mortgages prepaid or
                        paid in full during the 2-year period beginning
                        3 years after the time of insurance of such a
                        mortgage.
                            ``(ii) Payment incentive.--In the case of
                        any mortgage to which the payment incentive
                        under this subparagraph applies, if, during the
                        period referred to in clause (i), all mortgage
                        payments, including insurance premiums, for
                        such mortgage have been paid on a timely basis,
                        upon the expiration of such period the
                        Secretary shall refund to the mortgagor, upon
                        payment in full of the obligation of the
                        mortgage, all or a portion of--
                                    ``(I) the amount by which the
                                single premium payment for such
                                mortgage collected at the time of
                                insurance exceeded the amount of the
                                single premium payment chargeable under
                                paragraph (2) at the time of insurance
                                for a mortgage of the same product type
                                having the same terms, but for which
                                the mortgagor has a credit score
                                equivalent to a FICO score of 600 or
                                more; and
                                    ``(II) in the case only of
                                mortgages for which annual premiums are
                                established and collected under
                                subparagraph (G), the amount by which
                                the cumulative amount of annual
                                premiums paid exceeded the amount of
                                the maximum annual premium that
                                otherwise may be established and
                                collected notwithstanding such
                                subparagraph.
                    ``(G) Option for higher annual premium in lieu of
                higher up-front premium.--In the case only of mortgages
                for which the Secretary is authorized to establish a
                premium structure under this paragraph, notwithstanding
                paragraph (2)(B) of this subsection, the Secretary may
                establish and collect, for a period not exceeding the
                first 5 years of the term of the mortgage, annual
                premium payments in an amount not exceeding 0.75
                percent of the remaining insured principal balance of
                the mortgage (excluding the portion of the remaining
                balance attributable to the premium collected under
                paragraph (2)(A) and without taking into account
                delinquent payments or prepayments), except that--
                            ``(i) the Secretary may utilize such
                        authority only for such classes of mortgagors
                        that the Secretary determines would otherwise
                        be subject to a single premium payment
                        collected at the time of insurance exceeding
                        2.25 percent of the amount of the original
                        insured principal obligation of the mortgage;
                        and
                            ``(ii) for such mortgages, the Secretary
                        may not establish or collect a single premium
                        payment collected at the time of insurance
                        exceeding 2.25 percent of such original insured
                        principal obligation.''.

Output:
FHA Seller-Financed Downpayment Reform and Risk-Based Pricing Authorization Act of 2008 - (Sec. 2) Amends the National Housing Act to make exceptions to the prohibition against mortgage insurance for mortgages involving a downpayment using funds furnished by: (1) the seller or any party that benefits financially from the transaction (seller-financed downpayment); or (2) any third party that is reimbursed by the seller or any such party.

Makes eligible for mortgage insurance, in spite of a seller-financed downpayment, any mortagors with credit scores equivalent to a FICO score of: (1) 680 or more; (2) at least 620 but less than 680; or (3) 619 or less. Prescribes conditions for mortgage insurance in the latter two situations.

Requires entities participating in a governmental or private nonprofit program that provides downpayment assistance for such a mortgage to offer and make available, before loan closing, counseling about the responsibilities and financial management involved in homeownership.

Authorizes the Secretary of Housing and Urban Development to impose civil money penalties for improperly influencing appraisals.

(Sec. 3) Prohibits the Secretary from implementing: (1) risk-based premiums designed for mortgage lenders to offer a Federal Housing Administration (FHA)-insured product that provides a range of mortgage insurance premium pricing based upon a specified risk that the insurance contract represents; or (2) any other risk-based premium product for mortgage insurance on a single family residence where the premium price for such new product is based upon the borrower's Decision Credit Score.

Makes an exception from such prohibition for flexible risk-based premiums. Authorizes the Secretary to establish, for a mortgagor whose FICO credit score is under 600, a mortgage insurance premium structure with a variable rate that reflects the mortgagor's credit risk, if the basis for determining such rate is established before the mortgage is executed.

Requires notice to mortgagees and to Congress before such a premium structure is established or changed.

Requires the Secretary to consider specified factors when premiums are established and collected under a flexible risk-based premium structure.

Authorizes the Secretary to provide for variations in such rates according to the credit risk associated with the type of mortgage product that is being insured.

Requires the Secretary to make payment incentives to a mortgagor, in the form of certain refunds, upon payment in full of timely mortgage payments.

Authorizes the Secretary, for mortgages with a flexible risk-based premium, to establish a higher annual premium in lieu of a higher up-front premium.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Off-Reservation Land Acquisition
Guidance Act''.

SEC. 2. OFF-RESERVATION LAND ACQUISITION GUIDANCE.

    (a) Definition of Off-Reservation Land.--In this Act, the term
``off-reservation land'' means land that is--
            (1) located outside of, and noncontiguous to, the
        reservation of an Indian tribe;
            (2) likely to qualify for, result in, or be associated with
        the development of an Indian gaming facility; and
            (3) located beyond a reasonable commuting distance from the
        reservation of that Indian tribe.
    (b) Procedure.--Before determining whether to take off-reservation
land into trust for the benefit of an Indian tribe under section 5 of
the Act of June 18, 1934 (25 U.S.C. 465) (commonly known as the
``Indian Reorganization Act''), the Secretary shall evaluate--
            (1) the anticipated benefits to the Indian tribe associated
        with taking the off-reservation land into trust; and
            (2) any concerns raised by applicable State and local
        governments relating to the acquisition of the off-reservation
        land.
    (c) Evaluation.--
            (1) Benefit to tribe.--In evaluating the anticipated
        benefits to the Indian tribe of taking a parcel of off-
        reservation land into trust, the Secretary shall prepare a
        report that includes an assessment of--
                    (A) the impacts of taking the applicable off-
                reservation land into trust on the on-reservation
                unemployment rate;
                    (B) the impacts of taking the applicable off-
                reservation land into trust on reservation life and
                tribal membership if the members, dependents, and
                descendants of the Indian tribe relocate to the off-
                reservation land or adjacent communities;
                    (C) the specific on-reservation benefits of taking
                the off-reservation land into trust, including an
                assessment of whether on-reservation jobs will be
                created and, if so, the quantity of jobs expected to be
                created; and
                    (D) whether the tribal government can efficiently
                exercise the governmental and regulatory
                responsibilities of the tribal government if a gaming
                facility is constructed on the off-reservation land.
            (2) State and local concerns.--In evaluating any concerns
        raised by applicable State and local governments relating to
        taking a parcel of off-reservation land into trust, the
        Secretary shall prepare a report that includes an assessment
        of--
                    (A) whether the transfer of jurisdiction to the
                Indian tribe over the parcel is likely to disrupt
                established local governmental operations;
                    (B) potential impacts on real property taxes and
                special assessments on adjacent land and property,
                including any impact on State and local governments
                resulting from the exemption of the parcel from the
                taxation;
                    (C) whether the Indian tribe has submitted
                intergovernmental agreements necessary to address State
                and local government concerns, including agreements
                regarding law enforcement jurisdiction on the parcel;
                    (D) the compatibility of the anticipated use of the
                land with the zoning and land use requirements of the
                applicable State and local governments;
                    (E) traffic, noise, and other negative effects on
                development associated with, or generated by, the
                anticipated use of the land, including any impact on
                local water resources and water and wastewater
                infrastructure; and
                    (F) any potential incompatible use between the
                anticipated use of the land and adjacent or contiguous
                land zoned or used for--
                            (i) national parks;
                            (ii) national monuments;
                            (iii) conservation areas;
                            (iv) national fish and wildlife refuges;
                            (v) daycare centers;
                            (vi) schools;
                            (vii) churches; or
                            (viii) residential developments.
    (d) Submission From Indian Tribe.--The Indian tribe requesting off-
reservation land to be taken into trust under section 5 of the Act of
June 18, 1934 (25 U.S.C. 465) (commonly known as the ``Indian
Reorganization Act'') shall disclose and submit to the Secretary--
            (1) any plan, contract, agreement, or other information
        relating to the use, or intended use, of the off-reservation
        land by the Indian tribe, along with written documentation of
        the plan, contract, or agreement;
            (2) a request for a written opinion from the Office of
        Indian Gaming that the off-reservation land is eligible for
        gaming; and
            (3) any other information the Secretary requires in
        determining whether to take the off-reservation land into trust
        for the benefit of the Indian tribe.
    (e) Applicability.--The Secretary shall not take the applicable
off-reservation land into trust under section 5 of the Act of June 18,
1934 (25 U.S.C. 45) (commonly known as the ``Indian Reorganization
Act''), unless the Secretary determines that--
            (1) the Indian tribe has adequately addressed the concerns
        identified in the written assessments under subsection (c)(2);
            (2) the Indian tribe has provided the information required
        under subsection (d); and
            (3) the proposed use of the land by the Indian tribe is
        compatible with State and local requirements for planning and
        zoning and public health and safety.

SEC. 3. STAY OF DECISIONMAKING.

    (a) In General.--Unless explicitly required by an Act of Congress,
the Secretary shall not approve any application for taking off-
reservation land into trust that is pending on the date of enactment of
this Act until the date on which the Secretary promulgates regulations
to carry out this Act.
    (b) Future Effect.--All applications for taking off-reservation
land into trust that are pending on the date of enactment of this Act
shall be subject to the provisions of the regulations described in
subsection (a).

Output:
Off-Reservation Land Acquisition Guidance Act - Directs the Secretary of the Interior to consider anticipated tribal benefits and applicable state and local government concerns before taking off-reservation land into trust for Indian tribes.

Defines "off-reservation land" as land that is beyond a reasonable commuting distance from the applicable tribe's reservation and likely to be used for gaming.

Requires an Indian tribe requesting that such land be taken into trust for the tribe to disclose and submit to the Secretary: (1) any plan, contract, agreement, or other information relating to the use, or intended use, of such land by the tribe; (2) a request for a written opinion from the Office of Indian Gaming that the land is eligible for gaming; and (3) any other information the Secretary requires in rendering a decision.

Requires a tribe's proposed use of the land to be compatible with state and local planning and zoning, and public health and safety requirements.

Directs the Secretary to promulgate regulations to carry out this Act before approving any application to take off-reservation land into trust for Indian tribes.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SSI Disability Benefits Reform Act
of 1995''.

SEC. 2. REAPPLICATION REQUIREMENTS FOR ADULTS RECEIVING SSI BENEFITS BY
              REASON OF DISABILITY.

    (a) In General.--Section 1614(a)(3)(G) of the Social Security Act
(42 U.S.C. 1382c(a)(3)(G)) is amended--
            (1) by inserting ``(i)'' after ``(G)''; and
            (2) by adding at the end the following clause:
    ``(ii) In the case of an individual who has attained 18 years of
age and for whom a determination has been made of eligibility for a
benefit under this title by reason of disability, the following
applies:
            ``(I) Subject to the provisions of this clause, the
        determination of eligibility is effective for the 3-year period
        beginning on the date of the determination, and the eligibility
        of the individual lapses unless a determination of continuing
        eligibility is made before the end of such period, and before
        the end of each subsequent 3-year period. This subclause ceases
        to apply to the individual upon the individual attaining 65
        years of age. This subclause does not apply to the individual
        if the individual has an impairment that is not expected to
        improve (or a combination of impairments that are not expected
        to improve).
            ``(II) With respect to a determination under subclause (I)
        of whether the individual continues to be eligible for the
        benefit (in this clause referred to as a `redetermination'),
        the Commissioner may not make the redetermination unless the
        individual submits to the Commissioner an application
        requesting the redetermination. If such an application is
        submitted, the Commissioner shall make the redetermination.
        This subclause is subject to subclause (V).
            ``(III) If as of the date on which this clause takes effect
        the individual has been receiving the benefit for three years
        or less, the first period under subclause (I) for the
        individual is deemed to end on the expiration of the period
        beginning on the date on which this clause takes effect and
        continuing through a number of months equal to 12 plus a number
        equal to 36 minus the number of months the individual has been
        receiving the benefit.
            ``(IV) If as of the date on which this clause takes effect
        the individual has been receiving the benefit for five years or
        less, but for more than three years, the first period under
        subclause (I) for the individual is deemed to end on the
        expiration of the
         1-year period beginning on the date on which this clause takes
effect.
            ``(V) If as of the date on which this clause takes effect
        the individual has been receiving the benefit for more than
        five years, the Commissioner shall make redeterminations under
        subclause (I) and may not require the individual to submit
        applications for the redeterminations. The first 3-year period
        under subclause (I) for the individual is deemed to begin upon
        the expiration of the period beginning on the date on which
        this clause takes effect and ending upon the termination of a
        number of years equal to the lowest number (greater than zero)
        that can be obtained by subtracting the number of years that
        the individual has been receiving the benefit from a number
        that is a multiple of three.
            ``(VI) If the individual first attains 18 years of age on
        or after the date on which this clause takes effect, the first
        3-year period under subclause (I) for the individual is deemed
        to end on the date on which the individual attains such age.
            ``(VII) Not later than one year prior to the date on which
        a determination under subclause (I) expires, the Commissioner
        shall (except in the case of an individual to whom subclause
        (V) applies) provide to the individual a written notice
        explaining the applicability of this clause to the individual,
        including an explanation of the effect of failing to submit the
        application. If the individual submits the application not
        later than 180 days prior to such date and the Commissioner
        does not make the redetermination before such date, the
        Commissioner shall continue to provide the benefit pending the
        redetermination and shall publish in the Federal Register a
        notice that the Commissioner was unable to make the
        redetermination by such date.
            ``(VIII) If the individual fails to submit the application
        under subclause (II) by the end of the applicable period under
        subclause (I), the individual may apply for a redetermination.
        The Commissioner shall make the redetermination for the
        individual only after making redeterminations for individuals
        for whom eligibility has not lapsed pursuant to subclause
        (I).''.
    (b) Effective Date.--The amendment made by subsection (a) takes
effect upon the expiration of the 9-month period beginning on the date
of the enactment of this Act.
    (c) Conforming Repeal.--Section 207 of the Social Security
Independence and Program Improvements Act of 1994 (42 U.S.C. 1382 note;
108 Stat. 1516) is hereby repealed.

SEC. 3. STRIKING OF RESTRICTIONS REGARDING DETERMINATION OF
              INELIGIBILITY.

    Section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a)) is
amended by striking paragraph (4).

SEC. 4. NARROWING OF SSI ELIGIBILITY ON BASIS OF MENTAL IMPAIRMENTS.

    (a) In General.--Section 1614(a)(3)(A) of the Social Security Act
(42 U.S.C. 1382c(a)(3)(A)) is amended--
            (1) by inserting ``(i)'' after ``(3)(A)''; and
            (2) by adding at the end the following clause:
    ``(ii) In making determinations under clause (i) regarding the
severity of mental impairments, the Secretary shall revise the
regulations under subpart P of part 404 of title 20, Code of Federal
Regulations in order to accomplish the result that (relative to such
regulations as in effect prior to the date on which this clause takes
effect) the growth in the enrollment of the program under this title on
the basis of mental impairments is slowed. The final rule issued
pursuant to the preceding sentence applies to individuals without
regard to whether the individuals were receiving benefits under this
title prior to the effective date of such rule.''.
    (b) Final Regulations.--The final rule for the regulations required
in subsection (a) shall be issued before the expiration of the 9-month
period beginning on the date of the enactment of this Act, and shall
take effect upon the expiration of such period.

Output: SSI Disability Benefits Reform Act of 1995 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to: (1) require periodic reapplications with respect to continued receipt of SSI benefits by reason of disability; (2) strike certain restrictions regarding determination of SSI ineligibility; and (3) modify criteria regarding mental impairments.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Dual Eligible Prescription
Drug Coverage Act of 2005''.

SEC. 2. FINDINGS.

    The Senate finds the following:
            (1) Individuals who are dually eligible for benefits under
        the medicare program and full benefits under the medicaid
        program--
                    (A) are among the most vulnerable populations in
                our society; and
                    (B) require adequate outreach, education, and
                timing in order to adjust to changes in our health care
                delivery system.
            (2) The transition of 6,400,000 dual eligibles from
        prescription drug coverage under the medicaid program to
        prescription drug coverage under part D of the medicare program
        is the largest transition ever of individuals from one
        insurance program to another.
            (3) In its June 2004 report to Congress, the Medicare
        Payment Advisory Commission (MedPAC) suggested that large,
        private employers with 75,000 employees or less need at least 6
        months to transition their employees' drug coverage from one
        pharmacy benefit management company to another such company.
        The States and the Federal Government are taking on a far more
        complex task with 6,400,000 dual eligibles having to make the
        transition described in paragraph (2).
            (4) Timely access to prescription drugs leads to higher
        quality of life and prevents avoidable emergency room visits,
        hospitalizations, and premature nursing home placements.
            (5) Since even a short-term gap in prescription drug
        coverage could have serious health consequences for dual
        eligibles, Congress must work to guarantee as smooth a
        transition as possible for dual eligibles so that no dual
        eligible is without prescription drug coverage even for one
        day.

SEC. 3. CONTINUING STATE COVERAGE OF MEDICAID PRESCRIPTION DRUG
              COVERAGE TO MEDICARE DUAL ELIGIBLE BENEFICIARIES FOR 6
              MONTHS.

    (a) Six-Month Transition.--For prescriptions filled during the
period beginning on January 1, 2006, and ending on June 30, 2006,
section 1935(d) of the Social Security Act (42 U.S.C. 1396u-5(d)) shall
not apply and, notwithstanding any other provision of law, a State (as
defined for purposes of title XIX of such Act) shall continue to
provide (and receive Federal financial participation for) medical
assistance under such title with respect to prescription drugs as if
such section 1935(d) had not been enacted.
    (b) Application.--
            (1) Medicare as primary payer.--Nothing in subsection (a)
        shall be construed as changing or affecting the primary payer
        status of a prescription drug plan or an MA-PD plan under part
        D of title XVIII of the Social Security Act with respect to
        prescription drugs furnished to any full-benefit dual eligible
        individual (as defined in section 1935(c)(6) of such Act (42
        U.S.C. 1396u-5(c)(6)) during the 6-month period described in
        such subsection.
            (2) Third party liability.--Nothing in subsection (a) shall
        be construed as limiting the authority or responsibility of a
        State under section 1902(a)(25) of the Social Security Act (42
        U.S.C. 1396a(a)(25)) to seek reimbursement from a prescription
        drug plan, an MA-PD plan, or any other third party, of the
        costs incurred by the State in providing prescription drug
        coverage described in such subsection.

SEC. 4. DELAY IN IMPLEMENTATION OF MEDICAID CLAWBACK PAYMENTS.

    Notwithstanding section 1935(c) of the Social Security Act (42
U.S.C. 1396u-5(c)), a State or the District of Columbia shall not be
required to provide for a payment under such section to the Secretary
of Health and Human Services for any month prior to July 1, 2006.

SEC. 5. EDUCATION AND OUTREACH TO DUAL ELIGIBLES REGARDING PRESCRIPTION
              DRUG COVERAGE AND MONITORING OF THE TRANSITION OF DUAL
              ELIGIBLES TO PRESCRIPTION DRUG COVERAGE UNDER MEDICARE.

    (a) MMA Amounts.--Notwithstanding any other provision of law, of
the amounts appropriated for the Centers for Medicare & Medicaid
Services under section 1015(a)(1) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2446), the following rules shall apply:
            (1) Education and outreach to duals.--$100,000,000 shall be
        used to provide education and outreach, including through one-
        on-one counseling and application assistance, to full-benefit
        dual eligible individuals (as defined in section 1935(c)(6) of
        the Social Security Act (42 U.S.C. 1396u-5(c)(6))) regarding
        prescription drug coverage under part D of title XVIII of such
        Act. Of such amount--
                    (A) at least $20,000,000 (but in no case more than
                $50,000,000) shall be used to award grants to States
                under section 4360 of the Omnibus Budget Reconciliation
                Act of 1990 (42 U.S.C. 1395b-4) to provide such
                education and outreach; and
                    (B) the remaining amount shall be used to provide
                funding to community-based organizations that work with
                full-benefit dual eligible individuals (as so defined)
                in order to provide such education and outreach.
            (2) Monitoring impact on duals.--
                    (A) In general.--$50,000,000 shall be used by the
                Centers for Medicare & Medicaid Services, in
                consultation with the Centers for Disease Control and
                Prevention, the Administration on Aging, and the Social
                Security Administration, to develop and implement a
                standardized protocol to collect data from health
                departments and other sources in 10 representative
                urban and rural communities on the impact of the
                transition of full benefit dual eligible individuals
                (as so defined) from prescription drug coverage under
                the medicaid program to prescription drug coverage
                under part D of the medicare program. Such protocol
                shall be implemented by not later than July 1, 2005.
                    (B) Monitoring.--The protocol developed under
                subparagraph (A) shall include for the monitoring of
                the following information with respect to such full
                benefit dual eligible individuals:
                            (i) Emergency room visit rates.
                            (ii) Hospitalization rates.
                            (iii) Nursing home placement rates.
                            (iv) Deaths.
                    (C) Collection by pdps and ma-pds.--The protocol
                developed under subparagraph (A) shall require that
                such data be collected by the prescription drug plans
                and the MA-PDs in which the individuals are enrolled
                and include information on race and ethnicity.
                    (D) Reports.--Not later than January 1, 2006, and
                July 1, 2006, the Administrator of the Centers for
                Medicare & Medicaid Services, in consultation with the
                Centers for Disease Control and Prevention, the
                Administration on Aging, and the Social Security
                Administration, shall submit a report to Congress on
                the implementation of the protocol under subparagraph
                (A).
    (b) New Amounts.--There are appropriated to the Secretary of Health
and Human Services, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, for fiscal year 2005 and each subsequent fiscal year, an
amount not to exceed $50,000,000 (or if greater, an amount equal to $1
multiplied by the number of individuals entitled to benefits under part
A of title XVIII of the Social Security Act or enrolled under part B of
such title for the year) in order to award grants to States under
section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42
U.S.C. 1395b-4).
    (c) Extension of Availability of Amounts Appropriated Under MMA.--
Section 1015(b) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2446) is
amended by striking ``September 30, 2005'' and inserting ``September
30, 2006''.

SEC. 6. COLLECTION AND SHARING OF DUAL ELIGIBLE DRUG UTILIZATION DATA.

    (a) In General.--Section 1860D-42 of the Social Security Act (42
U.S.C. 1395w-152) is amended by adding at the end the following new
subsection:
    ``(c) Collection and Sharing of Dual Eligible Drug Utilization
Data.--
            ``(1) Plan requirement.--A PDP sponsor of a prescription
        drug plan and an MA organization offering an MA-PD plan shall
        submit to the Secretary such information regarding the drug
        utilization of enrollees in such plans who are full-benefit
        dual eligible individuals (as defined in section 1935(c)(6)) as
        the Secretary determines appropriate to carry out paragraph
        (2).
            ``(2) Collection and sharing of data.--The Secretary shall
        collect data on the drug utilization of full-benefit dual
        eligible individuals (as so defined). The Secretary shall share
        such data with the States and the District of Columbia in as
        close to a real-time basis as possible.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2071).

SEC. 7. GAO STUDY ON THE CLAWBACK FORMULA.

    (a) Study.--
            (1) In general.--The Comptroller General of the United
        States shall conduct a study on the clawback formula contained
        in section 1935(c) of the Social Security Act (42 U.S.C. 1396u-
        5(c)), as added by section 103(b) of the Medicare Prescription
        Drug, Improvement, and Modernization Act of 2003 (Public Law
        108-173; 117 Stat. 2155).
            (2) Requirements.--The study conducted under paragraph (1)
        shall include a full examination of--
                    (A) disincentives for States to enroll full-benefit
                dual eligible individuals (as defined in section
                1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-
                5(c)(6))) in the medicaid program or part D of title
                XVIII of the Social Security Act;
                    (B) the 6-month delay in States receiving rebate
                data;
                    (C) the prescription drug cost containment measures
                implemented by States after 2003; and
                    (D) issues relating to States having to pay more
                for prescription drug coverage for full benefit dual
                eligible individuals (as so defined) than they
                otherwise would have if the Medicare Prescription Drug,
                Improvement, and Modernization Act of 2003 (Public Law
                108-173; 117 Stat. 2066 et seq.) had not been enacted.
    (b) Report.--Not later than April 1, 2006, the Comptroller General
of the United States shall submit to Congress a report on the study
conducted under subsection (a) together with such recommendations as
the Comptroller General determines appropriate.

Output:
Medicare Dual Eligible Prescription Drug Coverage Act of 2005 - Provides that, for prescriptions filled between January 1 and June 30, 2006, requirements for the coordination of prescription drug benefits with Medicare as primary payor for dual eligible individuals under the new prescription drug benefit program (PDP) under Medicare part E (Voluntary Prescription Drug Benefit Program) shall not apply. Requires a State to continue to provide Medicaid medical assistance with respect to prescription drugs as if such coordination requirements had not been enacted.

Declares that no State or the District of Columbia shall be required to pay (reimburse) the Secretary of Health and Human Services for Medicaid prescription drug costs for dual eligible individuals (Medicaid clawback payments) for any month before July 1, 2006.

Earmarks specified amounts for education and outreach to dual eligibles regarding prescription drug coverage and monitoring of their transition to prescription drug coverage under Medicare.

Requires a PDP sponsor and an MA organization offering an MA-PD plan to submit to the Secretary appropriate information regarding the drug utilization of enrollees in such plans who are full-benefit dual eligible individuals. Directs the Secretary to collect data on the drug utilization of full-benefit dual eligible individuals and share it with the States and District of Columbia in as close to a real-time basis as possible.

Directs the Comptroller General of the United States to study and report to Congress on the clawback formula.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Commission to Eliminate
Waste in Government Act of 2001''.

SEC. 2. ESTABLISHMENT.

    There is established the National Commission to Eliminate Waste in
Government (in this Act referred to as the ``Commission'').

SEC. 3. DUTIES.

    (a) In General.--It shall be the duty of the Commission to--
            (1) conduct a private sector survey on management and cost
        control in the Federal Government;
            (2) conduct in-depth reviews of the operations of the
        executive agencies;
            (3)(A) review existing reports from the Government
        Accounting Office, the Congressional Budget Office, and the
        various Inspector General offices within executive agencies,
        reports and other existing governmental and nongovernmental
        recommendations for reducing waste, including recommendations
        from the President's Private Sector Survey on Cost Control; and
            (B) based on the review under subparagraph (A),
        periodically submit reports to the President and Congress
        including--
                    (i) a list of such recommendations that the
                Commission determines are most significant;
                    (ii) the estimated savings of the recommendations;
                and
                    (iii) determinations of whether the recommendations
                can be implemented by Executive order or require
                legislative action; and
            (4) submit to the President and the Congress
        recommendations for improving the budget process and management
        and for reducing waste and costs in the Federal Government.
    (b) Particular Areas To Be Examined.--In fulfilling the duties
described under subsection (a), the Commission shall identify and
address--
            (1) opportunities for increased efficiency and reduced
        costs in the Federal Government that can be realized by
        Executive action or legislation;
            (2) areas in the Federal Government where managerial
        accountability can be enhanced and administrative control can
        be improved;
            (3) specific Federal programs that have accomplished their
        objectives and should be terminated;
            (4) specific Federal program services that could be
        provided at a lower cost by the private sector;
            (5) specific reforms of the budget process that would yield
        savings, increase accountability and efficiency, and enhance
        public confidence in the budget process; and
            (6) specific areas in the Federal Government where further
        study can be justified by potential savings.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) Number.--The Commission shall be composed of 12 members
        who are not officers or employees of any government and who are
        especially qualified to serve on the Commission by virtue of
        their education, training, or experience.
            (2) Political party representation.--Not more than 6
        members of the Commission shall be of the same political party.
            (3) Appointment.--The members of the Commission shall be
        appointed as follows:
                    (A) 4 individuals shall be appointed by the
                President, not more than 2 of whom shall be from the
                same political party.
                    (B) 3 individuals shall be appointed by the Speaker
                of the House of Representatives, not more than 2 of
                whom shall be from the same political party.
                    (C) 1 individual shall be appointed by the minority
                leader of the House of Representatives.
                    (D) 3 individuals shall be appointed by the
                majority leader of the Senate, not more than 2 of whom
                shall be from the same political party.
                    (E) 1 individual shall be appointed by the minority
                leader of the Senate.
    (b) Continuation of Membership.--If an individual is appointed to
the Commission, and later becomes an officer or employee of a
government, such individual may continue as a member of the Commission
for not longer than the 30-day period beginning on the date such
individual becomes such an officer or employee.
    (c) Appointment of Members.--Appointments shall be made not later
than 30 days after the date of enactment of this Act.
    (d) Terms.--Each member shall be appointed for the life of the
Commission.
    (e) Vacancies.--A vacancy in the Commission shall be filled within
30 days in the manner in which the original appointment was made.
    (f) Compensation.--Federal funds may not be used to pay any member
of the Commission for services performed as a member.
    (g) Quorum.--Five members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
    (h) Chairperson.--The Chairperson of the Commission shall be
elected by the members from among the members.
    (i) Meetings.--The Commission shall meet at least once each month
at the call of the Chairperson of the Commission.

SEC. 5. STAFF AND SUPPORT SERVICES.

    (a) Director.--The Commission shall have a Director appointed by
the Chairperson of the Commission and paid a rate determined by the
Commission.
    (b) Staff.--With the approval of the Commission, the Director of
the Commission may appoint personnel as the Director considers
appropriate.

SEC. 6. POWERS.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
    (b) Delegation of Authority.--Any Member or agent of the Commission
may, if authorized by the Commission, take any action which the
Commission is authorized to take by this section.
    (c) Information.--The Commission may secure directly from any
Federal agency information necessary to enable it to carry out this
Act. Upon request of the Chairperson of the Commission, the head of the
Federal agency shall furnish the information to the Commission.
    (d) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).

SEC. 7. REPORTS.

    (a) Periodic Reports.--In accordance with section 3(a)(3), the
Commission shall issue periodic reports to the President and the
Congress.
    (b) Final Report.--Not later than the expiration of the 24-month
period beginning on the date of enactment of this Act, the Commission
shall submit to the President and the Congress a final report setting
forth the findings and conclusions of the Commission and specific
recommendations for legislative and administrative actions that the
Commission determines to be appropriate.

SEC. 8. TERMINATION.

    The Commission shall terminate not later than the expiration of the
30-day period beginning on the date on which the Commission submits its
final report under section 7(b).

SEC. 9 FUNDING AND SUPPORT.

    The Commission shall be funded, staffed, and equipped by the
private sector without cost to the Federal Government.

Output: National Commission to Eliminate Waste in Government Act of 2001 - Establishes the National Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in Government; (2) conduct in-depth reviews of executive agency operations; (3) review existing General Accounting Office, Congressional Budget Office, and various Inspector General offices' reports and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control, and to periodically report to the President and Congress on such recommendations that are most significant, on the estimated savings from such recommendations, and on whether the recommendations can be implemented by executive order or require legislative action; and (4) submit to the President and Congress recommendations for improving the budget process and management and for reducing waste and costs.Requires the Commission to be funded, staffed, and equipped by the private sector without cost to the Government.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Abuse and Neglect Enforcement
Act''.

SEC. 2. ACCESS TO CRIMINAL CONVICTION RECORD INFORMATION BY CERTAIN
              STATE CHILD PROTECTIVE WORKERS AND CHILD WELFARE WORKERS.

    (a) Grant Reduction for Noncompliance.--Section 506 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 is amended by
adding at the end the following:
    ``(g) Information Access.--
            ``(1) In general.--The funds available under this subpart
        for a State shall be reduced by 10 percent and redistributed
        under paragraph (2) unless the State has in effect throughout
        the State a law which requires that a law enforcement agency
        designated by such State make available, on a timely basis, to
        child protective workers and child welfare workers (in public
        and private agencies, who, in the course of their official
        duties, are engaged in the assessment of risk and other actions
        related to the protection of children, including placement of
        children in foster care) criminal conviction record information
        and orders of protection based on a claim of domestic or child
        abuse to the same extent as such information is made available
        to law enforcement officers in such State.
            ``(2) Redistribution.--Any funds available for
        redistribution shall be redistributed to participating States
        that have in effect a law referred to in paragraph (1).
            ``(3) Compliance.--The Attorney General shall issue
        regulations to ensure compliance with the requirements of
        paragraph (1), including a requirement that any charge for
        making available such criminal conviction record information
        may not exceed the actual cost of making such information
        available.''.
    (b) Conforming Amendment.--Section 506(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended by striking
``subsection (f),'' and inserting ``subsections (f) and (g),''.
    (c) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of each fiscal year succeeding the first
fiscal year beginning 2 years after the date of the enactment of this
Act.

SEC. 3. NEONATAL CONDITIONS CAUSED BY MATERNAL SUBSTANCE ABUSE;
              AMENDMENT TO PROGRAM OF BLOCK GRANTS TO STATES FOR
              PREVENTION AND TREATMENT OF SUBSTANCE ABUSE.

    Subpart II of part B of title XIX of the Public Health Service Act
(42 U.S.C. 300x-21 et seq.) is amended by inserting after section 1926
the following section:

``SEC. 1926A. STATE LAW REGARDING NOTIFICATION OF STATE OR LOCAL CHILD-
              PROTECTION AGENCY IN EVENT OF NEONATAL CONDITION CAUSED
              BY MATERNAL SUBSTANCE ABUSE.

    ``(a) Relevant Law.--Subject to subsection (b), for fiscal year
1999 and subsequent fiscal years, the Secretary may make a grant under
section 1921 only if the State involved requires by law or regulation
that--
            ``(1) each newborn infant born in the State be tested for
        physical dependence on any drug; fetal alcohol syndrome; fetal
        alcohol effects; the presence of alcohol; and the presence of
        drugs that are associated with substance abuse; and
            ``(2) if the newborn tests positive under any such test,
        the principal State or local agency with responsibility for the
        protection of children be notified of such fact.
    ``(b) Delayed Applicability for Certain States.--In the case of a
State whose legislature does not convene a regular session in fiscal
year 1998, and in the case of a State whose legislature does not
convene a regular session in fiscal year 1999, the requirement
described in subsection (a) as a condition of a receipt of a grant
under section 1921 shall apply only for fiscal year 2000 and subsequent
fiscal years.
    ``(c) Noncompliance of State.--Before making a grant under section
1921 to a State for the first applicable fiscal year or any subsequent
fiscal year, the Secretary shall make a determination of whether the
State has maintained compliance with subsection (a). If, after notice
to the State and an opportunity for a hearing, the Secretary determines
that the State is not in compliance with such subsection, the Secretary
shall reduce the amount of the allotment under such section for the
State for the fiscal year involved by an amount equal to--
            ``(1) in the case of the first applicable fiscal year, 10
        percent of the amount determined under section 1933 for the
        State for the fiscal year;
            ``(2) in the case of the first fiscal year following such
        applicable fiscal year, 20 percent of the amount determined
        under section 1933 for the State for the fiscal year;
            ``(3) in the case of the second such fiscal year, 30
        percent of the amount determined under section 1933 for the
        State for the fiscal year; and
            ``(4) in the case of the third such fiscal year or any
        subsequent fiscal year, 40 percent of the amount determined
        under section 1933 for the State for the fiscal year.
    ``(d) Definition.--For purposes of this section, the term `first
applicable fiscal year' means--
            ``(1) fiscal year 2000, in the case of any State described
        in subsection (b); and
            ``(2) fiscal year 1999, in the case of any other State.''.

SEC. 4. USE OF FUNDS UNDER BYRNE GRANT PROGRAM FOR CHILD PROTECTION.

    Section 501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751) is amended--
            (1) by striking ``and'' at the end paragraph (25);
            (2) by striking the period at the end of paragraph (26) and
        adding ``; and''; and
            (3) by adding at the end the following:
            ``(27) enforcing child abuse and neglect laws and programs
        designed to prevent child abuse and neglect.''.

SEC. 5. INCREASE IN SET ASIDE FOR CHILD ABUSE VICTIMS UNDER THE VICTIMS
              OF CRIME ACT OF 1984.

    Section 1402(d)(2) of the Victims of Crime Act of 1984 is amended
by striking ``$10,000,000'' and inserting ``$20,000,000''.

SEC. 6. STUDY AND REPORT RELATING TO EXTENT OF REPORTING REQUIREMENTS
              UNDER CHILD ABUSE AND NEGLECT LAWS AND FOSTER CARE AND
              ADOPTION ASSISTANCE LAWS.

    (a) Study.--The Comptroller General of the United States shall
conduct a study on the number and type of reporting requirements
under--
            (1) the Child Abuse Prevention and Treatment Act (42 U.S.C.
        5101 et seq. and other Federal laws relating to child abuse and
        neglect, including all regulations established under such Act
        and other laws; and
            (2) part E of title IV of the Social Security Act (relating
        to foster care and adoption assistance), including all
        regulations established under such part.
    (b) Report by Comptroller General.--
            (1) In general.--Not later than 6 months after the date of
        the enactment of this Act, the Comptroller General of the
        United States shall prepare and submit to the Congress and the
        Secretary of Health and Human Services a report containing--
                    (A) the results of the study conducted under
                subsection (a); and
                    (B) recommendations for reducing the number of
                reporting requirements described in subsection (a).
            (2) Availability.--The Comptroller General shall make the
        report available to appropriate State and local agencies and to
        the public.
    (c) Analysis of Report by Secretary of Health and Human Services.--
            (1) In general.--The Secretary of Health and Human Services
        shall conduct an analysis of the report of the Comptroller
        General of the United States under subsection (b). Such
        analysis shall include appropriate recommendations, if any, of
        the Secretary for reducing the number of reporting requirements
        described in subsection (a).
            (2) Submission.--Not later than 90 days after the date on
        which the Secretary of Health and Human Services receives the
        report of the Comptroller General of the United States
        described in subsection (b), the Secretary shall submit to the
        Congress the analysis described in paragraph (1).

SEC. 7. SENSE OF THE CONGRESS REGARDING INCREASED FUNDING FOR CHILD
              ADVOCACY CENTERS.

    It is the sense of the Congress that--
            (1) child advocacy centers play a vital role in
        interviewing, treating, and assisting victims of child abuse;
            (2) such centers are often responsible for intervening in a
        number of potentially dangerous domestic violence situations
        and thus preventing such violence or other incidents; and
            (3) it is appropriate to increase funding for such child
        advocacy centers under title II of the Victims of Child Abuse
        Act of 1990.

Output:
Child Abuse and Neglect Enforcement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to provide for a ten percent reduction of drug control and system improvement (Byrne) grants to States that do not have in effect throughout the State a law requiring that a designated law enforcement agency make available to child protective and child welfare workers timely criminal conviction information and protection orders based on a claim of domestic or child abuse to the same extent as such information is made available to law enforcement officers in such State.
Sets forth provisions regarding redistribution of funds.   Directs the Attorney General to issue regulations to ensure compliance.
(Sec. 3) Amends title XIX of the Public Health Service Act to authorize the Secretary of Health and Human Services, for FY 1999 and subsequent fiscal years, to make a grant to a State for prevention and treatment of substance abuse only if such State requires by law or regulation that:  (1) each newborn infant born in the State be tested for physical dependence on any drug, fetal alcohol syndrome, fetal alcohol effects, the presence of alcohol, and the presence of drugs that are associated with substance abuse; and (2) if the newborn tests positive under any such test, the principal State or local agency with responsibility for the protection of children be notified.
Sets forth provisions regarding:  (1) delayed applicability for certain States; and (2) reduction of a State's allotment for noncompliance.
(Sec. 4) Amends:  (1) the Safe Streets Act to authorize the use of Byrne grants to enforce child abuse and neglect laws and programs; and (2) the Victims of Crime Act of 1984 to increase the set aside for child abuse victims.
(Sec. 6) Directs the Comptroller General of the United States to study and report to the Congress and the Secretary on reporting requirements under Federal laws relating to child abuse and neglect and under provisions of the Social Security Act relating to foster care and adoption assistance.  Requires the Secretary to conduct an analysis of such report, including any appropriate recommendations for reducing the number of reporting requirements, and submit such analysis to the Congress within 90 days.
(Sec. 7) Expresses the sense of the Congress that:  (1) child advocacy centers play a vital role in interviewing, treating, and assisting victims of child abuse; (2) such centers are often responsible for intervening in a number of potentially dangerous domestic violence situations and thus preventing such violence or other incidents; and (3) it is appropriate to increase funding for such centers under the Victims of Child Abuse Act of 1990.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemembers Credit Protection
Act''.

SEC. 2. NOTICE OF DEPLOYMENT REQUIRED.

    (a) In General.--The Servicemembers Civil Relief Act (50 U.S.C.
App. 501 et seq.) is amended by adding at the end the following new
title:

                   ``TITLE VIII--NOTICE OF DEPLOYMENT

``SEC. 801. NOTICE TO CONSUMER REPORTING AGENCIES.

    ``(a) In General.--In the case of the deployment of a servicemember
away from the usual duty station of the servicemember to duty for which
the servicemember is entitled to special pay under section 310(a) of
title 37, United States Code, the Secretary shall--
            ``(1) notify each consumer reporting agency that compiles
        and maintains files on consumers on a nationwide basis of the
        deployment of the servicemember within 30 days after the
        deployment, together with such information as may be necessary
        to permit such consumer reporting agency to comply with section
        605C of the Fair Credit Reporting Act with respect to the
        servicemember; and
            ``(2) notify each such consumer reporting agency when the
        notice under paragraph (1) ceases to apply with respect to such
        servicemember within 30 days after the end of the deployment.
    ``(b) Administrative Action.--The Secretary shall consult with each
consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis and take such action as may be
appropriate to ensure that the Secretary and such consumer reporting
agency can comply with the requirements of this section and section
605C of the Fair Credit Reporting Act in a timely manner.
    ``(c) Definition.--For purposes of this section, the term `consumer
reporting agency that compiles and maintains files on consumers on a
nationwide basis' has the meaning given to such term in section 603(p)
of the Fair Credit Reporting Act.

``SEC. 802. INCREASE IN PENALTIES FOR CERTAIN VIOLATIONS INVOLVING
              SERVICEMEMBERS DEPLOYED TO AN OVERSEAS COMBAT ZONE.

    ``(a) In General.--In the case of any person who is subject to a
penalty under section 301(c)(1), 302(b)(1), 303(d)(1), 305(h)(1),
306(e)(1), or 307(e)(1) in a case involving a servicemember whose
consumer report, at the time of the violation giving rise to such
person's liability for the penalty, contains a combat zone duty alert,
such section shall be applied by substituting `not more than 3 years'
for `not more than one year'.
    ``(b) Definitions.--For purposes of subsection (a), the terms
`combat zone duty alert' and `consumer report' have the same meanings
as in section 603 of the Fair Credit Reporting Act.''.
    (b) Clerical Amendment.--The table of contents for the
Servicemembers Civil Relief Act (50 U.S.C App. 501 et seq.) is amended
by inserting after the item relating to section 706 the following new
items:

                   ``TITLE VIII--NOTICE OF DEPLOYMENT

``Sec. 801. Notice to consumer reporting agencies.
``Sec. 802. Increase in penalties for certain violations involving
                            servicemembers deployed to an overseas
                            combat zone.''.

SEC. 3. NOTATIONS IN CONSUMER FILES OF SERVICEMEMBERS.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by inserting after section 605B the following new
section:
``Sec. 605C. Combat zone duty alert
    ``(a) In General.--Each consumer reporting agency described in
section 603(p) that receives a notice under section 801(a)(1) of the
Servicemembers Civil Relief Act from the Secretary of Defense with
respect to a consumer who is a servicemember (as defined in section
101(1) of such Act) shall--
            ``(1) include a combat zone duty alert in the file of that
        consumer, and also provide that alert along with any credit
        score generated in using that file, until notified by the
        Secretary of Defense that such consumer no longer qualifies for
        such alert; and
            ``(2) during the period such alert is in effect, exclude
        the consumer from any list of consumers prepared by the
        consumer reporting agency and provided to any third party to
        offer credit or insurance to the consumer as part of a
        transaction that was not initiated by the consumer.
    ``(b) Information on Consumer's Rights Required To Be Included.--
The combat zone duty alert included in any consumer's file pursuant to
subsection (a) shall include a summary of the rights of the consumer
under the Servicemembers Civil Relief Act and the duties of creditors
and other persons under such Act to the consumer.
    ``(c) Notice to Furnishers of Adverse Information.--If any person,
including another consumer reporting agency, furnishes adverse
information to a consumer reporting agency described in section 603(p)
with respect to a consumer whose file includes a combat zone duty alert
under subsection (a)(1), the consumer reporting agency shall notify
such person of the existence of the combat zone duty alert in the file
of such consumer together with the summary of rights and duties
described in subsection (b).
    ``(d) Duty of Reseller To Reconvey Alert.--A reseller shall include
in its report any combat zone duty alert placed in the file of a
consumer pursuant to this section by another consumer reporting agency.
    ``(e) Procedures.--Each consumer reporting agency described in
section 603(p) shall establish policies and procedures to comply with
this section and shall cooperate with the Secretary of Defense in
establishing such procedures to ensure effective compliance with the
requirements of this section.
    ``(f) Notice From Secretary.--This section shall cease to apply to
with respect to any consumer as of the date the consumer reporting
agency described in section 603(p) receives a notice from the Secretary
of Defense under section 801(a)(2) relating to such consumer.''.
    (b) Definitions.--
            (1) In general.--Subsection (q) of section 603 of the Fair
        Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by adding
        at the end the following new paragraph:
            ``(6) Combat zone duty alert.--The term `combat zone duty
        alert' means a statement in the file of a consumer that--
                    ``(A) notifies all prospective users of a consumer
                report relating to the consumer that the consumer is
                serving as a servicemember in a combat zone and
                includes any information required under section 605C;
                and
                    ``(B) is presented in a manner that facilitates a
                clear and conspicuous view of the statement described
                in subparagraph (A) by any person requesting such
                consumer report.''.
            (2) Technical and conforming amendment.--The heading for
        subsection (q) of section 603 of the Fair Credit Reporting Act
        (15 U.S.C. 1681a(q)) is amended by inserting ``and Military''
        after ``to Fraud''.
    (c) Clerical Amendment.--The table of sections for title VI of the
Consumer Credit Protection Act is amended by inserting after the item
relating to section 605B the following new item:

``605C. Combat zone duty alert.''.

Output:
Servicemembers Credit Protection Act - Amends the Servicemembers Civil Relief Act to direct the Secretary of Defense, in case of the deployment of a servicemember away from their usual duty station to duty for which the servicemember is entitled to special pay, to notify each consumer reporting agency (agency): (1) of the deployment of such servicemember within 30 days after the deployment; and (2) within 30 days after the end of such deployment. Requires the Secretary, in providing such notice, to take measures to ensure agency compliance with provisions of the Fair Credit Reporting Act with respect to the servicemember.

Increases penalties for consumer credit reporting violations involving servicemembers deployed to an overseas combat zone.

Amends the Fair Credit Reporting Act to require each agency that receives a combat zone duty alert from the Secretary with respect to a servicemember to: (1) include the alert in the file of that consumer and provide such alert along with any credit score, until notified by the Secretary that the consumer no longer qualifies for such alert; and (2) during the period of the alert, exclude the consumer from any list provided to a third party to offer credit or insurance to such consumer as part of a transaction not initiated by the consumer.

Requires the combat zone duty alert included in any consumer's file to include a summary of the consumer's rights under the Servicemembers Civil Relief Act and the duties of creditors and other persons to the consumer.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wildlife Without Borders
Authorization Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) our Nation has a long-standing commitment to assisting
        other countries with the conservation of wildlife species and
        limited wildlife conservation resources, including trained
        wildlife professionals, are often unavailable in many foreign
        countries containing globally important biological resources;
            (2) conservation activities, both overseas and in
        neighboring countries, are required to meet the Federal
        Government's obligations under numerous international treaties,
        laws, agreements, and cooperative programs;
            (3) since 1989, the Wildlife Without Borders Program, an
        administratively-created program within the United States Fish
        and Wildlife Service, has provided wildlife conservation
        assistance throughout the world by developing locally-adapted
        wildlife management and conservation programs, in coordination
        with non-governmental organizations, governments, private
        businesses, and community leaders, in an effort to maintain
        global species diversity;
            (4) activities under the Wildlife Without Borders Program
        is responsible for implementation of over 800 conservation
        projects around the world that address grass-roots threats to
        numerous endangered species, habitats, and ecosystems and that
        complement the United States Fish and Wildlife Service's
        existing programs for African elephants, rhinoceros and tigers,
        Asian elephants, great apes, migratory birds, and marine
        turtles;
            (5) activities under the Wildlife Without Borders Program
        provide education, training, and outreach to strengthen
        capacity for habitat and wildlife conservation throughout the
        world and serve a key role in facilitating international
        dialogue; and
            (6) although the Secretary of the Interior is generally
        authorized to undertake partnering and capacity building
        activities, a specific authorization will reinforce our
        Nation's long-term commitment to the Wildlife Without Borders
        Program.
    (b) Purpose.--The purpose of this Act is to provide capacity
building, outreach, education, and training assistance in endangered
species and strategic habitat conservation to other nations by
providing international wildlife management and conservation programs
through the Wildlife Without Borders Program.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Conservation.--The term ``conservation'' includes--
                    (A) the methods and procedures necessary to bring a
                species to the point at which there are sufficient
                populations in the wild to ensure that the species does
                not become extinct; and
                    (B) all activities associated with protection and
                management of a species, including--
                            (i) maintenance, management, protection,
                        and restoration of species habitat;
                            (ii) research and monitoring;
                            (iii) law enforcement;
                            (iv) community outreach and education;
                            (v) conflict resolution initiatives; and
                            (vi) strengthening the capacity of local
                        communities, government agencies, non-
                        governmental organizations, and other
                        institutions to implement conservation
                        programs.
            (2) Fish or wildlife.--The term ``fish or wildlife'' means
        any member of the animal kingdom, including any mammal, fish,
        bird, amphibian, reptile, mollusk, crustacean, or arthropod.
            (3) Plant.--The term ``plant'' mean any member of the plant
        kingdom, including seeds, roots, and other parts thereof.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) Species.--The term ``species'' includes any subspecies
        of fish or wildlife or plants, and any distinct population
        segment of any species of vertebrate fish or wildlife.

SEC. 4. WILDLIFE WITHOUT BORDERS PROGRAM.

    (a) In General.--The Secretary shall carry out the Wildlife Without
Borders Program within the United States Fish and Wildlife Service to
provide international wildlife conservation assistance through the
initiation, facilitation, and promotion of locally adapted wildlife
management and conservation programs in coordination with non-
governmental organizations, governments, private businesses, and
community leaders. Such program shall include, but shall not be limited
to, partnership programs for grass roots capacity building, applied
scientific conservation research, and wildlife management training.
    (b) Program Components.--The program authorized under this section
shall include the following:
            (1) Species program.--A species program, which shall
        comprise administration of the programs and funds authorized
        by--
                    (A) the African Elephant Conservation Act of 1988
                (16 U.S.C. 4201 et seq.);
                    (B) the Asian Elephant Conservation Act of 1997 (16
                U.S.C. 4261 et seq.);
                    (C) the Rhinoceros and Tiger Conservation Act of
                1994 (16 U.S.C. 5301 et seq.);
                    (D) the Great Ape Conservation Act of 2000 (16
                U.S.C. 6301);
                    (E) the Marine Turtle Conservation Act of 2004 (16
                U.S.C. 6601); and
                    (F) any similar, future authority provided to the
                Secretary and implemented by the Fish and Wildlife
                Service.
            (2) Regional program.--A regional program, which shall--
                    (A) address grass-roots conservation problems
                through a regional grants program focused on building
                in-country human and institutional capacity to achieve
                comprehensive conservation in a manner adapted to the
                particular needs of a partner country;
                    (B) facilitate and guide delivery of other
                international United States Fish and Wildlife Service
                programs; and
                    (C) coordinate, develop, and implement regional
                treaties, conventions, and accords, including regional
                coordination mechanisms, on behalf of the United States
                Fish and Wildlife Service.
            (3) Global program.--A global program, which shall, through
        programs under the jurisdiction of the secretary and that are
        implemented through the United States Fish and Wildlife
        Service--
                    (A) implement global habitat and conservation
                initiatives; and
                    (B) address the international aspects of global
                conservation threats, such as invasive species and
                wildlife disease.
    (c) Coordination.--The Secretary shall operate the program
components authorized under this section in a coordinated fashion to
ensure efficient and cost-effective implementation.
    (d) Additional Components.--The Secretary may include such
additional components in the program authorized under this section as
the Secretary considers appropriate.

SEC. 5. ACCEPTANCE AND USE OF DONATIONS.

    In administering the Wildlife Without Borders Program, the
Secretary may accept donations of funds and to use such funds for
capacity building, grants, and other on-the-ground uses carried out by
the program components authorized under paragraphs (2) and (3) of
section 4.

SEC. 6. FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to any advisory committees established under this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this Act there is authorized to be appropriated to the
Secretary $5,000,000 for each of fiscal years 2009 through 2013.

Output:
Wildlife Without Borders Authorization Act - Directs the Secretary of the Interior to carry out a Wildlife Without Borders Program within the U.S. Fish and Wildlife Service to provide international wildlife conservation assistance through the initiation, facilitation, and promotion of locally adapted wildlife management and conservation programs in coordination with non-governmental organizations, governments, private businesses, and community leaders.

Specifies the species, regional, and global program components that shall be included in the Wildlife Without Borders Program. Permits the Secretary, in the administration of the Wildlife Without Borders Program, to accept donated funds and to use them for capacity building, grants, and other on-the-ground uses carried out under the regional and global program components authorized by this Act.