Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Medical Device Innovation
Act''.

SEC. 2. RECOGNITION OF STANDARDS.

    (a) In General.--Section 514(c) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360d(c)) is amended--
            (1) in paragraph (1), by inserting after subparagraph (B)
        the following new subparagraphs:
                    ``(C)(i) Any person may submit a request for
                recognition under subparagraph (A) of all or part of an
                appropriate standard established by a nationally or
                internationally recognized standard organization.
                    ``(ii) Not later than 60 calendar days after the
                Secretary receives such a request, the Secretary
                shall--
                            ``(I) make a determination to recognize
                        all, part, or none of the standard that is the
                        subject of the request; and
                            ``(II) issue to the person who submitted
                        such request a response in writing that states
                        the Secretary's rationale for that
                        determination, including the scientific,
                        technical, regulatory, or other basis for such
                        determination.
                    ``(iii) The Secretary shall take such actions as
                may be necessary to implement all or part of a standard
                recognized under subclause (I) of clause (ii), in
                accordance with subparagraph (A).
                    ``(D) The Secretary shall make publicly available,
                in such manner as the Secretary determines appropriate,
                the rationale for recognition of all, part, or none of
                a standard, including the scientific, technical,
                regulatory, or other basis for the decision regarding
                such recognition.''; and
            (2) by adding at the end the following:
            ``(4) Training on use of standards.--The Secretary shall
        provide to all employees of the Food and Drug Administration
        who review premarket submissions for devices periodic training
        on the concept and use of recognized standards for purposes of
        meeting a premarket submission requirement or other applicable
        requirement under this Act, including standards relevant to an
        employee's area of device review.''.
    (b) Guidance.--The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall review and update, if
necessary, previously published guidance and standard operating
procedures identifying the principles for recognizing standards, and
for withdrawing the recognition of standards, under section 514(c) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d(c)), taking
into account the experience with and reliance on a standard by foreign
regulatory authorities and the device industry, and whether recognition
of a standard will promote harmonization among regulatory authorities
in the regulation of devices.

SEC. 3. CERTAIN CLASS I AND CLASS II DEVICES.

    (a) Class I Devices.--Section 510(l) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(l)) is amended--
            (1) by striking ``A report under subsection (k)'' and
        inserting ``(1) A report under subsection (k)''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Not later than 120 calendar days after the date of
        enactment of the Improving Medical Device Innovation Act and at
        least once every 5 years thereafter, as the Secretary
        determines appropriate, the Secretary shall identify, through
        publication in the Federal Register, any type of class I device
        that the Secretary determines no longer requires a report under
        subsection (k) to provide reasonable assurance of safety and
        effectiveness. Upon such publication--
                    ``(A) each type of class I device so identified
                shall be exempt from the requirement for a report under
                subsection (k); and
                    ``(B) the classification regulation applicable to
                each such type of device shall be deemed amended to
                incorporate such exemption.''.
    (b) Class II Devices.--Section 510(m) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360(m)) is amended--
            (1) by striking paragraph (1) and inserting the following
        new paragraph:
            ``(1) The Secretary shall--
                    ``(A) not later than 90 days after the date of
                enactment of the Improving Medical Device Innovation
                Act and at least once every 5 years thereafter, as the
                Secretary determines appropriate--
                            ``(i) publish in the Federal Register a
                        notice that contains a list of each type of
                        class II device that the Secretary determines
                        no longer requires a report under subsection
                        (k) to provide reasonable assurance of safety
                        and effectiveness; and
                            ``(ii) provide for a period of not less
                        than 60 calendar days for public comment
                        beginning on the date of the publication of
                        such notice; and
                    ``(B) not later than 210 calendar days after the
                date of enactment of the Improving Medical Device
                Innovation Act, publish in the Federal Register a list
                representing the Secretary's final determination with
                respect to the devices contained in the list published
                under subparagraph (A).''; and
            (2) in paragraph (2)--
                    (A) by striking ``1 day after the date of
                publication of a list under this subsection,'' and
                inserting ``1 calendar day after the date of
                publication of the final list under paragraph
                (1)(B),''; and
                    (B) by striking ``30-day period'' and inserting
                ``60-calendar-day period''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(3) Upon the publication of the final list under
        paragraph (1)(B)--
                    ``(A) each type of class II device so listed shall
                be exempt from the requirement for a report under
                subsection (k); and
                    ``(B) the classification regulation applicable to
                each such type of device shall be deemed amended to
                incorporate such exemption.''.

SEC. 4. CLASSIFICATION PANELS.

    (a) Classification Panels.--Paragraph (5) of section 513(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(b)) is amended--
            (1) by striking ``(5)'' and inserting ``(5)(A)''; and
            (2) by adding at the end the following:
                    ``(B) When a device is specifically the subject of
                review by a classification panel, the Secretary shall--
                            ``(i) ensure that adequate expertise is
                        represented on the classification panel to
                        assess--
                                    ``(I) the disease or condition
                                which the device is intended to cure,
                                treat, mitigate, prevent, or diagnose;
                                and
                                    ``(II) the technology of the
                                device; and
                            ``(ii) provide an opportunity for the
                        person whose device is specifically the subject
                        of panel review to provide recommendations on
                        the expertise needed among the voting members
                        of the panel.
                    ``(C) For purposes of subparagraph (B)(i), the term
                `adequate expertise' means that the membership of the
                classification panel includes--
                            ``(i) two or more voting members, with a
                        specialty or other expertise clinically
                        relevant to the device under review; and
                            ``(ii) at least one voting member who is
                        knowledgeable about the technology of the
                        device.
                    ``(D) The Secretary shall provide an annual
                opportunity for patients, representatives of patients,
                and sponsors of medical device submissions to provide
                recommendations for individuals with appropriate
                expertise to fill voting member positions on
                classification panels.''.
    (b) Panel Review Process.--Section 513(b)(6) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360c(b)(6)) is amended--
            (1) in subparagraph (A)(iii), by inserting before the
        period at the end ``, including by designating a representative
        who will be provided a time during the panel meeting to address
        the panel individually (or accompanied by experts selected by
        such representative) for the purpose of correcting
        misstatements of fact or providing clarifying information,
        subject to the discretion of the panel chairperson''; and
            (2) by striking subparagraph (B) and inserting the
        following new subparagraph:
                    ``(B)(i) Any meeting of a classification panel with
                respect to the review of a device shall--
                            ``(I) provide adequate time for initial
                        presentations by the person whose device is
                        specifically the subject of such review and by
                        the Secretary; and
                            ``(II) provide adequate time for and
                        encourage free and open participation by all
                        interested persons.
                    ``(ii) Following the initial presentations
                described in clause (i), the panel may--
                            ``(I) pose questions to the designated
                        representative described in subparagraph
                        (A)(iii); and
                            ``(II) consider the responses to such
                        questions in the panel's review of the
                        device.''.

SEC. 5. POSTMARKET PILOT TO IMPROVE MEDICAL DEVICE REPORTING.

    (a) Pilot Projects.--
            (1) In general.--In order to improve the value and
        efficiency of reporting so as to advance the objectives of
        section 519(a) of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 360i(a)), within one year of the date of enactment of
        this Act, the Secretary of Health and Human Services shall
        establish one or more pilot projects, in coordination with
        device manufacturers, to explore and evaluate the use of
        alternative methods of compliance with such subsection for
        manufacturers of devices described in section 513(a)(1)(C) of
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
        360c(a)(1)(C)).
            (2) Voluntary participation.--Participation in such pilot
        projects shall be voluntary for device manufacturers. The
        Secretary may establish the conditions for such voluntary
        participation and may establish a process for authorizing
        participation.
            (3) Purposes.--The pilot projects established under
        paragraph (1) shall be designed to--
                    (A) test methods of reporting for one or more
                device types, with priority given to devices for which
                device manufacturers submit a relatively high volume of
                reports under the regulations implementing section
                519(a) of the Federal Food, Drug, and Cosmetic Act (21
                U.S.C. 360i(a));
                    (B) evaluate forms of data monitoring and reporting
                that improve the usability of report data by focusing
                on events and information that are most relevant to
                reasonably assuring the safety and effectiveness of the
                device;
                    (C) identify methods of reporting that will be
                least burdensome for device manufacturers; and
                    (D) evaluate methods that are alternative to, and
                do not duplicate, compliance with requirements of part
                803 of title 21, Code of Federal Regulations (or
                successor regulations).
            (4) Notification to congress.--The Secretary of Health and
        Human Services shall notify the Committee on Health, Education,
        Labor, and Pensions of the Senate and the Committee on Energy
        and Commerce of the House of Representatives not later than 18
        months after the date of enactment of this Act of the number of
        manufacturers that have agreed to participate in a pilot
        project under this subsection with the Secretary of Health and
        Human Services.
            (5) Rule of construction.--Nothing in this subsection shall
        limit the authority of the Secretary of Health and Human
        Services to provide for alternative methods of medical device
        reporting under part 803 of title 21, Code of Federal
        Regulations (or successor regulations), including such methods
        described in this subsection.
            (6) Compliance with requirements for records or reports on
        devices.--
                    (A) In general.--A device manufacturer that
                participates in a pilot project under this subsection
                shall be required to comply with all applicable
                provisions of section 519 of the Federal Food, Drug,
                and Cosmetic Act (21 U.S.C. 360i), and implementing
                regulations, except as described in subparagraph (B).
                    (B) Conditional exemption.--The Secretary may
                determine that, for a specified time period to be
                determined by the Secretary, a manufacturer
                participating in a pilot project under this subsection
                is exempt from certain provisions of section 519(a) of
                the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                360i(a)), and implementing regulations, if such
                manufacturer complies with the conditions set forth in
                a pilot project under this subsection.
    (b) GAO Review.--
            (1) Review of pilot projects.--The Comptroller General of
        the United States shall conduct a review of the pilot projects
        established under subsection (a), and of the reporting system
        under part 803 of title 21, Code of Federal Regulations (or
        successor regulations).
            (2) Report.--Not later than January 31, 2021, the
        Comptroller General of the United States shall submit to
        Congress a report containing the results of the review
        described in paragraph (1). Such report shall analyze the
        value, efficiency, and effectiveness of reporting methods under
        subsections (a) and (b) of section 519 of Federal Food, Drug,
        and Cosmetic Act (21 U.S.C. 360i) and identify any
        recommendations for statutory amendments that would enhance the
        objectives of section 519(a) of such Act.

Output: Improving Medical Device Innovation Act This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions related to medical device performance standards, reporting requirements, and classification panels. A person may request that the Food and Drug Administration (FDA) recognize a performance standard established by a recognized standards organization as a standard to which a medical device may conform in order to meet an FDA requirement. When a request to recognize a standard is received, the FDA must determine whether to recognize all, part, or none of the standard and publish the rationale for that determination. (Currently, the FDA recognizes certain performance standards, but it is not required to respond to requests or publish rationales.) The FDA must:  train employees who review premarket submissions for medical devices on recognized standards; review its published principles for recognizing standards; identify types of medical devices for which a premarket report is no longer needed to provide reasonable assurance of safety and effectiveness; ensure that adequate expertise is represented on medical device classification panels; provide an opportunity for a person whose premarket submission is subject to review by a classification panel to recommend expertise needed on the panel; and provide opportunities for patients, patient representatives, and medical device sponsors to recommend individuals for positions on classification panels.  The FDA, in coordination with medical device manufacturers, must establish pilot projects to evaluate alternative methods of compliance with reporting requirements for certain medical devices. The Government Accountability Office must report on these pilot projects.


Input:
SECTION 1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION PROGRAM.

    Part Q of title III (42 U.S.C. 280h et seq.) is amended by
inserting after section 399W the following:

``SEC. 399W-1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION
              PROGRAM.

    ``(a) Program.--The Secretary shall establish a community-based
overweight and obesity prevention program consisting of awarding grants
and contracts under subsection (b).
    ``(b) Grants.--The Secretary shall award grants to, or enter into
contracts with, eligible entities--
            ``(1) to plan evidence-based programs for the prevention of
        overweight and obesity among children and their families
        through improved nutrition and increased physical activity; or
            ``(2) to implement such programs.
    ``(c) Eligibility.--To be eligible for a grant or contract under
subsection (b), an entity shall be a community partnership that
demonstrates community support and includes--
            ``(1) a broad cross section of stakeholders, such as--
                    ``(A) hospitals, health care systems, community
                health centers, or other health care providers;
                    ``(B) universities, local educational agencies, or
                childcare providers;
                    ``(C) State, local, and tribal health departments;
                    ``(D) State, local, and tribal park and recreation
                departments;
                    ``(E) employers; and
                    ``(F) health insurance companies;
            ``(2) residents of the community; and
            ``(3) representatives of public and private entities that
        have a history of working within and serving the community.
    ``(d) Period of Awards.--
            ``(1) In general.--The period of a grant or contract under
        this section shall be 5 years, subject to renewal under
        paragraph (2).
            ``(2) Renewal.--At the end of each fiscal year, the
        Secretary may renew a grant or contract award under this
        section only if the grant or contract recipient demonstrates to
        the Secretary's satisfaction that the recipient has made
        appropriate, measurable progress in preventing overweight and
        obesity.
    ``(e) Requirements.--
            ``(1) In general.--The Secretary may award a grant or
        contract under this section to an entity only if the entity
        demonstrates to the Secretary's satisfaction that--
                    ``(A) not later than 90 days after receiving the
                grant or contract, the entity will establish a steering
                committee to provide input on the assessment of, and
                recommendations on improvements to, the entity's
                program funded through the grant or contract; and
                    ``(B) the entity has conducted or will conduct an
                assessment of the overweight and obesity problem in its
                community, including the extent of the problem and
                factors contributing to the problem.
            ``(2) Matching requirement.--The Secretary may award a
        grant or contract to an eligible entity under this section only
        if the entity agrees to provide, from non-Federal sources, an
        amount equal to $1 (in cash or in kind) for each $9 provided
        through the grant or contract to carry out the activities
        supported by the grant or contract.
            ``(3) Payor of last resort.--The Secretary may award a
        grant or contract under this section to an entity only if the
        entity demonstrates to the satisfaction of the Secretary that
        funds received through the grant or contract will not be
        expended for any activity to the extent that payment has been
        made, or can reasonably be expected to be made--
                    ``(A) under any insurance policy;
                    ``(B) under any Federal or State health benefits
                program (including titles XIX and XXI of the Social
                Security Act); or
                    ``(C) by an entity which provides health services
                on a prepaid basis.
            ``(4) Maintenance of effort.--The Secretary may award a
        grant or contract under this section to an entity only if the
        entity demonstrates to the satisfaction of the Secretary that--
                    ``(A) funds received through the grant or contract
                will be expended only to supplement, and not supplant,
                non-Federal and Federal funds otherwise available to
                the entity for the activities to be funded through the
                grant or contract; and
                    ``(B) with respect to such activities, the entity
                will maintain expenditures of non-Federal amounts for
                such activities at a level not less than the lesser of
                such expenditures maintained by the entity for the
                fiscal year preceding the fiscal year for which the
                entity receives the grant or contract.
    ``(f) Preferences.--In awarding grants and contracts under this
section, the Secretary shall give preference to eligible entities
that--
            ``(1) will serve communities with high levels of overweight
        and obesity and related chronic diseases; or
            ``(2) will plan or implement activities for the prevention
        of overweight and obesity in school or workplace settings.
    ``(g) Report.--The Secretary shall submit to the Congress an annual
report on the program of grants and contracts awarded under this
section.
    ``(h) Definitions.--In this section:
            ``(1) The term `evidence-based' means that methodologically
        sound research has demonstrated a beneficial health effect in
        the judgment of the Secretary and includes the Ways to Enhance
        Children's Activity and Nutrition (We Can) program and
        curriculum of the National Institutes of Health.
            ``(2) The term `local educational agency' has the meaning
        given to the term in section 9101 of the Elementary and
        Secondary Education Act of 1965.
    ``(i) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $10,000,000 for fiscal year
2011 and such sums as may be necessary for each of fiscal years 2012
through 2015.''.

Output:
Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish a community-based overweight and obesity prevention program under which the Secretary shall award grants to, or enter into contracts with, eligible entities to plan and implement evidence-based programs for the prevention of overweight and obesity among children and their families through improved nutrition and increased physical activity. Sets the period of a grant or contract at five years, subject to renewal.

Requires an entity, to be eligible, to be a community partnership that demonstrates community support. Authorizes the Secretary to award a grant or contract to only an entity that: (1) demonstrates that it will establish a steering committee to provide input on the assessment of, and improvements to, the entity's program and has conducted or will conduct an assessment of the overweight and obesity problem in its community; (2) agrees to provide non-federal amounts equal to $1 for each $9 provided; and (3) demonstrates that it will maintain its previous level of spending for funded activities. Directs the Secretary to give preference to entities that will: (1) serve communities with high levels of overweight and obesity and related chronic diseases; and (2) plan or implement activities for the prevention of overweight and obesity in school or workplace settings.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Temporary Duty Suspension Process
Act of 2012''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        Finance of the Senate and the Committee on Ways and Means of
        the House of Representatives.
            (2) Commission.--The term ``Commission'' means the United
        States International Trade Commission.
            (3) Duty suspension or reduction.--The term ``duty
        suspension or reduction'' means an amendment to subchapter II
        of chapter 99 of the Harmonized Tariff Schedule of the United
        States--
                    (A) extending an existing temporary suspension or
                reduction of duty on an article under that subchapter;
                or
                    (B) providing for a new temporary suspension or
                reduction of duty on an article under that subchapter.

SEC. 3. RECOMMENDATIONS BY UNITED STATES INTERNATIONAL TRADE COMMISSION
              FOR DUTY SUSPENSIONS AND REDUCTIONS.

    (a) Establishment of Review Process.--Not later than 30 days after
the date of the enactment of this Act, the Commission shall complete
all actions necessary to establish a process pursuant to which the
Commission will--
            (1) review each article with respect to which a duty
        suspension or reduction may be made--
                    (A) at the initiative of the Commission; or
                    (B) pursuant to a petition submitted or referred to
                the Commission under subsection (b); and
            (2) submit a draft bill to the appropriate congressional
        committees under subsection (d).
    (b) Petitions.--
            (1) In general.--As part of the process established under
        subsection (a), the Commission shall establish procedures under
        which a petition requesting the Commission to review a duty
        suspension or reduction pursuant to that process may be--
                    (A) submitted to the Commission by a member of the
                public; or
                    (B) referred to the Commission by a Member of
                Congress.
            (2) Requirements.--A petition submitted or referred to the
        Commission under paragraph (1) shall be submitted or referred
        at such time and in such manner and shall include such
        information as the Commission may require.
            (3) No preferential treatment for members of congress.--A
        petition referred to the Commission by a Member of Congress
        under subparagraph (B) of paragraph (1) shall receive treatment
        no more favorable than the treatment received by a petition
        submitted to the Commission by a member of the public under
        subparagraph (A) of that paragraph.
    (c) Public Comments.--As part of the process established under
subsection (a), the Commission shall establish procedures for--
            (1) notifying the public when the Commission initiates the
        process of reviewing articles with respect to which duty
        suspensions or reductions may be made and distributing
        information about the process, including by--
                    (A) posting information about the process on the
                website of the Commission; and
                    (B) providing that information to trade
                associations and other appropriate organizations;
            (2) not later than 45 days before submitting a draft bill
        to the appropriate congressional committees under subsection
        (d), notifying the public of the duty suspensions and
        reductions the Commission is considering including in the draft
        bill; and
            (3) providing the public with an opportunity to submit
        comments with respect to any of those duty suspensions or
        reductions.
    (d) Submission of Draft Bill.--
            (1) In general.--The Commission shall submit to the
        appropriate congressional committees a draft bill that contains
        each duty suspension or reduction that the Commission
        determines, pursuant to the process established under
        subsection (a) and after conducting the consultations required
        by subsection (e), meets the requirements described in
        subsection (f), not later than--
                    (A) the date that is 120 days after the date of the
                enactment of this Act;
                    (B) January 1, 2015; and
                    (C) January 1, 2018.
            (2) Effective period of duty suspensions and reductions.--
        Duty suspensions and reductions included in a draft bill
        submitted under paragraph (1) shall be effective for a period
        of not less than 3 years.
            (3) Special rule for first submission.--In the draft bill
        required to be submitted under paragraph (1) not later than the
        date that is 120 days after the date of the enactment of this
        Act, the Commission shall be required to include only duty
        suspensions and reductions with respect to which the Commission
        has sufficient time to make a determination under that
        paragraph before the draft bill is required to be submitted.
    (e) Consultations.--In determining whether a duty suspension or
reduction meets the requirements described in subsection (f), the
Commission shall, not later than 30 days before submitting a draft bill
to the appropriate congressional committees under subsection (d),
conduct consultations with the Commissioner responsible for U.S.
Customs and Border Protection, the Secretary of Commerce, the United
States Trade Representative, and the heads of other relevant Federal
agencies.
    (f) Requirements for Duty Suspensions and Reductions.--
            (1) In general.--A duty suspension or reduction meets the
        requirements described in this subsection if--
                    (A) the duty suspension or reduction can be
                administered by U.S. Customs and Border Protection;
                    (B) the estimated loss in revenue to the United
                States from the duty suspension or reduction does not
                exceed the dollar amount specified in paragraph (2) in
                a calendar year during which the duty suspension or
                reduction would be in effect; and
                    (C) on the date on which the Commission submits a
                draft bill to the appropriate congressional committees
                under subsection (d) that includes the duty suspension
                or reduction, the article to which the duty suspension
                or reduction would apply is not produced in the United
                States and is not expected to be produced in the United
                States during the subsequent 12-month period.
            (2) Dollar amount specified.--
                    (A) In general.--The dollar amount specified in
                this paragraph is--
                            (i) for calendar year 2013, $500,000; and
                            (ii) for any calendar year after calendar
                        year 2013, an amount equal to $500,000
                        increased or decreased by an amount equal to--
                                    (I) $500,000, multiplied by
                                    (II) the percentage (if any) of the
                                increase or decrease (as the case may
                                be) in the Consumer Price Index for the
                                preceding calendar year compared to the
                                Consumer Price Index for calendar year
                                2012.
                    (B) Rounding.--Any increase or decrease under
                subparagraph (A) of the dollar amount specified in this
                paragraph shall be rounded to the nearest dollar.
                    (C) Consumer price index for any calendar year.--
                For purposes of this paragraph, the Consumer Price
                Index for any calendar year is the average of the
                Consumer Price Index as of the close of the 12-month
                period ending on September 30 of that calendar year.
                    (D) Consumer price index defined.--For purposes of
                this paragraph, the term ``Consumer Price Index'' means
                the Consumer Price Index for All Urban Consumers
                published by the Bureau of Labor Statistics of the
                Department of Labor.
            (3) Consideration of relevant information.--In determining
        whether a duty suspension or reduction meets the requirements
        described in paragraph (1), the Commission may consider any
        information the Commission considers relevant to the
        determination.
            (4) Judicial review precluded.--A determination of the
        Commission with respect to whether or not a duty suspension or
        reduction meets the requirements described in paragraph (1)
        shall not be subject to judicial review.
    (g) Reports Required.--
            (1) In general.--Each time the Commission submits a draft
        bill under subsection (d), the Commission shall submit to the
        appropriate congressional committees a report on the duty
        suspensions and reductions contained in the draft bill that
        includes--
                    (A) the views of the head of each agency consulted
                under subsection (e); and
                    (B) any objections received by the Commission
                during consultations conducted under subsection (e) or
                through public comments submitted under subsection (c),
                including--
                            (i) objections with respect to duty
                        suspensions or reductions the Commission
                        included in the draft bill; and
                            (ii) objections that led to the Commission
                        to determine not to include a duty suspension
                        or reduction in the draft bill.
            (2) Initial report on process.--Not later than 300 days
        after the date of the enactment of this Act, the Commission
        shall submit to the appropriate congressional committees a
        report that includes--
                    (A) an assessment of the effectiveness of the
                process established under subsection (a) and the
                requirements of this section;
                    (B) to the extent practicable, a description of the
                effects of duty suspensions and reductions recommended
                pursuant to that process on the United States economy
                that includes--
                            (i) a broad assessment of the economic
                        effects of such duty suspensions and reductions
                        on producers, purchasers, and consumers in the
                        United States; and
                            (ii) case studies describing such effects
                        by industry or by type of articles, as
                        available data permits;
                    (C) a comparison of the actual loss in revenue to
                the United States resulting from duty suspensions and
                reductions recommended pursuant to that process to the
                loss in such revenue estimated during that process;
                    (D) to the extent practicable, information on how
                broadly or narrowly duty suspensions and reductions
                recommended pursuant to that process were used by
                importers; and
                    (E) any recommendations of the Commission for
                improving that process and the requirements of this
                section.
    (h) Form of Draft Bill and Reports.--Each draft bill submitted
under subsection (d) and each report required by subsection (g) shall
be--
            (1) submitted to the appropriate congressional committees
        in electronic form; and
            (2) made available to the public on the website of the
        Commission.

SEC. 4. REPORTS ON BENEFITS OF DUTY SUSPENSIONS OR REDUCTIONS TO
              SECTORS OF THE UNITED STATES ECONOMY.

    Not later than January 1, 2014, and annually thereafter, the
Commission shall submit to the appropriate congressional committees a
report that--
            (1) makes recommendations with respect to sectors of the
        United States economy that could benefit from duty suspensions
        or reductions without causing harm to other domestic interests;
        and
            (2) assesses the feasibility and advisability of suspending
        or reducing duties on a sectoral basis rather than on
        individual articles.

Output:
Temporary Duty Suspension Process Act of 2012 - Directs the U.S. International Trade Commission (USITC) to establish a process in which it will: (1) review each article in which a temporary duty suspension or reduction has been recommended at its own initiative or pusuant to a petition, and (2) submit a draft bill to the appropriate congressional committees containing each duty suspension or reduction that meets certain requirements.

Requires the USITC to report to appropriate congressional committees on: (1) recommendations with respect to sectors of the U.S. economy that could benefit from duty suspensions or reductions without causing harm to other domestic interests, and (2) the feasibility of suspending or reducing duties on a sectoral basis rather than on individual articles.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tax Equity Act of 1993''.

SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX
              RATES.

    (a) General Rule.--Subsection (f) of section 1 of the Internal
Revenue Code of 1986 (relating to adjustments in tax tables so that
inflation will not result in tax increases) is amended by adding at the
end thereof the following new paragraphs:
            ``(8) Regional cost-of-living adjustments.--
                    ``(A) In general.--In the case of an individual,
                the rate table otherwise in effect under this section
                for any taxable year (determined after the application
                of paragraph (1)) shall be further adjusted as provided
                in subparagraph (B).
                    ``(B) Method of making regional adjustment.--The
                rate table otherwise in effect under this section with
                respect to any individual for any taxable year shall be
                adjusted as follows:
                            ``(i) The minimum and maximum dollar
                        amounts otherwise in effect for each rate
                        bracket shall be multiplied by the applicable
                        multiplier (for the calendar year in which the
                        taxable year begins) which applies to the
                        statistical area in which the individual's
                        primary place of abode during the taxable year
                        is located.
                            ``(ii) The rate applicable to any rate
                        bracket (as adjusted by clause (i)) shall not
                        be changed.
                            ``(iii) The amount setting forth the tax
                        shall be adjusted to the extent necessary to
                        reflect the adjustments in the rate brackets.
                If any amount determined under clause (i) is not a
                multiple of $50, such amount shall be rounded to the
                nearest multiple of $50.
            ``(9) Determination of multipliers.--
                    ``(A) In general.--Not later than December 15 of
                each calendar year, the Secretary shall prescribe an
                applicable multiplier for each statistical area of the
                United States which shall apply to taxable years
                beginning during the succeeding calendar year.
                    ``(B) Determination of multipliers.--
                            ``(i) For each statistical area where the
                        cost-of-living differential for any calendar
                        year is greater than 125 percent, the
                        applicable multiplier for such calendar year is
                        90 percent of such differential.
                            ``(ii) For each statistical area where the
                        cost-of-living differential for any calendar
                        year exceeds 97 percent but does not exceed 125
                        percent, the applicable multiplier for such
                        calendar year is 1.05.
                            (iii) For each statistical area not
                        described in clause (i) or (ii), the applicable
                        multiplier is the cost-of-living differential
                        for the calendar year.
                    ``(C) Cost-of-living differential.--The cost-of-
                living differential for any statistical area for any
                calendar year is the percentage determined by
                dividing--
                            ``(i) the cost-of-living for such area for
                        the preceding calendar year; by
                            ``(ii) the average cost-of-living for the
                        United States for the preceding calendar year.
                    ``(D) Cost-of-living for area.--
                            ``(i) In general.--For each calendar year
                        beginning after 1993, the Secretary of Labor
                        shall determine and publish a cost-of-living
                        index for each statistical area.
                            ``(ii) Methodology.--The cost-of-living
                        index determined under clause (i) for any
                        statistical area for any calendar year shall be
                        based on average market prices for the area for
                        the 12-month period ending on August 31 of such
                        calendar year. The market prices taken into
                        account under the preceding sentence shall be
                        selected and used under the same methodology as
                        is used by the Secretary of Labor in developing
                        the Consumer Price Index for All Urban
                        Consumers.
                    ``(E) Statistical area.--For purposes of this
                subsection the term `statistical area' means
                            ``(i) any metropolitan statistical area as
                        defined by the Secretary of Commerce, and
                            ``(ii) the portion of any State not within
                        a metropolitan statistical area as so defined.
            ``(10) Areas outside the united states.--The area
        applicable multiplier for any area outside the United States
        shall be 1.''
    (b) Effective Date.--
            (1) In general.--The amendment made by this section shall
        apply to taxable years beginning after December 31, 1993.
            (2) Transition rule.--Notwithstanding section 1(f)(9)(A) of
        the Internal Revenue Code (as added by this section), the date
        for prescribing applicable multipliers for taxable years
        beginning in calendar year 1994 shall be the date 1 year after
        the date of the enactment of this Act.

Output: Tax Equity Act of 1993 - Amends the Internal Revenue Code to provide for regional cost-of-living adjustments in individual income tax rates.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ebola Emergency Response Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the current outbreak of the Ebola virus disease in West
        Africa poses severe health, economic, and security threats to
        the countries affected by the outbreak of the Ebola virus
        disease, the United States, and the broader international
        community; and
            (2) the whole-of-government response taken by the United
        States provides unique capabilities that are critical to
        effectively helping contain the Ebola virus disease in West
        Africa, yet the United States alone will not succeed in
        containing the Ebola virus disease.

SEC. 3. STATEMENTS OF POLICY.

    It shall be the policy of the United States to--
            (1) support a robust international response to the Ebola
        virus disease in West Africa by undertaking a range of
        activities to immediately help detect, contain, treat, and
        deter the further spread of the disease;
            (2) support the efforts of governments of affected
        countries and of local, regional, and international
        nongovernmental organizations and civil society organizations
        working on the front lines of the response to the Ebola virus
        disease; and
            (3) work with appropriate security sector personnel engaged
        in the response to the Ebola virus disease in Guinea, Liberia,
        and Sierra Leone, as well as with civil society, regional
        organizations, and the United Nations to enhance border
        security and create a secure operating environment for health
        workers and other responders and the communities they are
        serving, including by repurposing, as necessary and
        appropriate, existing United States security assistance
        provided to the affected countries to address immediate border
        security and law enforcement needs.

SEC. 4. INTERNATIONAL EFFORTS TO CONTROL THE OUTBREAK OF THE EBOLA
              VIRUS DISEASE.

    In carrying out the policy under section 3, the President shall--
            (1) seek to coordinate with the governments of countries of
        Africa affected by or at risk of being affected by the outbreak
        of the Ebola virus disease, other donors, the private sector,
        regional and international financial institutions, local,
        regional, and international organizations, civil society, and
        local, regional, and nongovernmental organizations,
        particularly organizations that possess experience in emergency
        relief and infection control, to devise and implement a
        coherent, comprehensive strategy to control the Ebola virus
        disease and assist affected populations, utilizing all
        necessary and appropriate assets and capabilities of the United
        States Government; and
            (2) direct the United States Permanent Representative to
        the United Nations to use the voice, vote, and influence of the
        United States at the United Nations to--
                    (A) ensure that the United Nations Mission in
                Liberia is fully protecting individuals under its care
                from exploitation and abuse, including by soldiers
                serving under its command, and, within its capabilities
                and in the context of its mandate to help solidify
                peace and stability while protecting civilians in
                Liberia, plays an active role in the emergency
                response, including by providing logistics and
                engineering support, as well as securing border
                crossings, state institutions, and treatment
                facilities, as necessary and appropriate; and
                    (B) ensure that the United Nations Mission for the
                Ebola Emergency Response (UNMEER) plays an effective
                role in aligning donors around a single strategic
                operating plan to detect, contain, treat, and deter the
                further spread of Ebola, and that the associated costs
                for its work are offset by decreases elsewhere in the
                general budget of the United Nations.

SEC. 5. ASSISTANCE TO COUNTRIES AFFECTED BY THE OUTBREAK OF THE EBOLA
              VIRUS DISEASE.

    (a) Authorization.--Notwithstanding any other provision of law, and
consistent with the authorities of section 491 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2292), the President is authorized to
provide assistance on an emergency basis to countries directly affected
by or at imminent risk of being affected by the outbreak of the Ebola
virus disease to effectively address such outbreak, by supporting the
activities described in subsection (b).
    (b) Activities Supported.--Activities supported by assistance under
subsection (a) are the following:
            (1) The construction, staffing, and equipping of patient
        isolation and treatment facilities in sufficient numbers to
        treat infected persons at the most appropriate locations.
            (2) The construction and equipping of laboratories in
        sufficient numbers to ensure accurate testing for the Ebola
        virus disease and other infectious diseases, as necessary and
        appropriate, in as rapid a time frame as possible.
            (3) The provision of vital medical supplies and equipment
        necessary to contain the outbreak.
            (4) The recruitment and training of local and international
        staff on effective disease identification, isolation, contact
        tracing, and care with respect to the Ebola virus disease,
        especially the proper use of universal precautions, personal
        protective equipment, and other infection control measures, to
        minimize transmission.
            (5) The recruitment, training, and equipping of safe burial
        teams, as necessary, to reduce transmission of the Ebola virus
        disease.
            (6) The provision of medical evacuations, on a reimbursable
        basis, for medical and other personnel engaged in the response
        to the Ebola virus disease who become infected with the
        disease, as necessary and appropriate.
            (7) The development of an effective public information
        campaign to help limit the transmission of the Ebola virus
        disease, utilizing all appropriate means of communication,
        including digital, print, broadcast communication, and
        communications through local health care workers, media,
        schools, civil society organizations, and faith-based and
        traditional leaders.
            (8) The development and deployment of Ebola diagnostics and
        surveillance tools, as well as vaccines and treatments as they
        become available and to the extent possible that such vaccines
        and treatments adhere to strictly enforced informed consent
        protocols.
            (9) The provision of emergency food assistance, water and
        sanitation, shelter, and support for orphans and vulnerable
        children in communities affected by the Ebola virus disease.
            (10) The provision of technical assistance to strengthen
        border control, including enhanced health screening at exit and
        entry points in the region, to be complemented by appropriate
        health screening at United States ports of entry.
            (11) Activities related to sustainable post-outbreak
        economic recovery and ensuring the stability of countries
        affected by the Ebola virus disease.
    (c) Allocation and Reimbursement Among Agencies.--
            (1) In general.--In carrying out this section, the
        President, acting through the Administrator of the United
        States Agency for International Development, is authorized to
        utilize the services and facilities of, or procure commodities
        from, any agency of the United States Government on a non-
        reimbursable basis, subject to the written consent of the head
        of such other agency, and notwithstanding any provision of law
        relating to limitations on the use of authorities or funding of
        such other agency.
            (2) Congressional notification.--The Administrator shall
        notify the appropriate committees not later than 15 days after
        the date on which the authority under paragraph (1) is
        utilized. Such notification shall include the name of the other
        agency, the value of such services or facilities utilized, or
        commodities procured, the affected appropriations accounts, and
        a justification for the utilization of the authority under
        paragraph (1).

SEC. 6. SENSE OF CONGRESS ON INTERNATIONAL SUPPORT TO AVOID ECONOMIC
              COLLAPSE AND ASSIST WITH POST-CRISIS COUNTRIES DIRECTLY
              AFFECTED BY THE OUTBREAK OF THE EBOLA VIRUS DISEASE.

    It is the sense of Congress that the President should work with
other donors, including international financial institutions, to
encourage such other donors to help the governments of Guinea, Liberia,
and Sierra Leone mitigate the risks of economic collapse and related
civil unrest by providing appropriate access to emergency grants and
financing tools, as necessary and appropriate, to address fiscal issues
that are the direct result of the Ebola virus disease crisis, and to
assist with post-crisis economic recovery.

SEC. 7. REPORT.

    (a) In General.--Not later than 6 months after the date on which
the President determines that the Ebola epidemic in West Africa has
been effectively contained, the President shall submit to the
appropriate congressional committees a report that assesses the United
States coordination and response to the Ebola epidemic, including how
the authorities provided pursuant to this Act were utilized and lessons
learned that may have applications in response to future epidemics.
    (b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on
        Energy and Commerce, the Committee on Armed Services, and the
        Committee on Appropriations of the House of Representatives;
        and
            (2) the Committee on Foreign Relations, the Committee on
        Health, Education, Labor, and Pensions, the Committee on Armed
        Services, and the Committee on Appropriations of the Senate.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the President to carry
out section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292)
$1,801,000,000 for fiscal year 2015.

Output: Ebola Emergency Response Act - Expresses the sense of Congress that:   the Ebola virus outbreak in West Africa poses severe health, economic, and security threats to the affected countries, the United States, and the broader international community; and   the whole-of-government response taken by the United States provides capabilities critical to helping contain Ebola in West Africa; yet the United States alone will not succeed in containing it.  Directs the President to:    coordinate with the governments of affected African countries, the private sector, regional and international financial institutions and international organizations, civil society, and nongovernmental organizations to implement a comprehensive Ebola control strategy and assist affected populations; and  use U.S. influence at the United Nations (U.N.) to ensure that the U.N. Mission in Liberia is protecting individuals under its care and playing an active emergency response role, and ensuring that the U.N. Mission for the Ebola Emergency Response (UNMEER) is playing an effective role in aligning donors around a plan to detect, contain, treat, and deter Ebola's further spread.  Authorizes the President to provide specified emergency assistance to countries directly affected by or at imminent risk of being affected by the Ebola outbreak.  Expresses the sense of Congress that the President should work with other donors, including international financial institutions, to encourage them to: (1) help the governments of Guinea, Liberia, and Sierra Leone mitigate the risks of economic collapse and related civil unrest by providing access to emergency grants and financing tools to address fiscal issues that are the direct result of the Ebola crisis; and (2) assist with post-crisis economic recovery.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Renewable Energy Research and
Development Act of 2007''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The United States has a critical national interest in
        developing clean, domestic, renewable sources of energy in
        order to reduce environmental impacts of energy production,
        increase national security, improve public health, and bolster
        economic stability.
            (2) Marine renewable energy technologies are a nonemitting
        source of power production.
            (3) Marine renewable energy may serve as an alternative to
        fossil fuels and create thousands of new jobs within the United
        States.
            (4) Europe has already successfully delivered electricity
        to the grid through the deployment of wave and tidal energy
        devices off the coast of Scotland.
            (5) Recent studies from the Electric Power Research
        Institute, in conjunction with the Department of Energy's
        National Renewable Energy Laboratory, have identified an
        abundance of viable sites within the United States with ample
        wave and tidal resources to be harnessed by marine power
        technologies.
            (6) Sustained and expanded research, development,
        demonstration, and commercial application programs are needed
        to locate and characterize marine renewable energy resources,
        and to develop the technologies that will enable their
        widespread commercial development.
            (7) Federal support is critical to reduce the financial
        risk associated with developing new marine renewable energy
        technologies, thereby encouraging the private sector investment
        necessary to make marine renewable energy resources
        commercially viable as a source of electric power and for other
        applications.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) Marine renewable energy.--The term ``Marine Renewable
        Energy'' means energy derived from one or more of the following
        sources:
                    (A) Waves.
                    (B) Tidal flows.
                    (C) Ocean currents.
                    (D) Ocean thermal energy conversion.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.

SEC. 4. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary, in conjunction with other
appropriate agencies, shall support programs of research, development,
demonstration, and commercial application to expand marine renewable
energy production, including programs to--
            (1) study and compare existing marine renewable energy
        extraction technologies;
            (2) research, develop, and demonstrate advanced marine
        renewable energy systems and technologies;
            (3) reduce the manufacturing and operation costs of marine
        renewable energy technologies;
            (4) investigate efficient and reliable integration with the
        utility grid and intermittency issues;
            (5) advance wave forecasting technologies;
            (6) conduct experimental and numerical modeling for
        optimization of marine energy conversion devices and arrays;
            (7) increase the reliability and survivability of marine
        renewable energy technologies, including development of
        corrosive-resistant materials;
            (8) study, in conjunction with the Assistant Administrator
        for Research and Development of the Environmental Protection
        Agency, the Undersecretary of Commerce for Oceans and
        Atmosphere, and other Federal agencies as appropriate, the
        environmental impacts of marine renewable energy technologies
        and ways to address adverse impacts, and provide public
        information concerning technologies and other means available
        for monitoring and determining environmental impacts;
            (9) establish protocols, in conjunction with the National
        Oceanic and Atmospheric Administration, for how the ocean
        community may best interact with marine renewable energy
        devices;
            (10) develop power measurement standards for marine
        renewable energy;
            (11) develop identification standards for marine renewable
        energy devices;
            (12) address standards development, demonstration, and
        technology transfer for advanced systems engineering and system
        integration methods to identify critical interfaces; and
            (13) utilize marine resources in the Gulf of Mexico, the
        Atlantic Ocean, and the Pacific Ocean.
    (b) Siting Criteria.--The Secretary, in conjunction with other
appropriate Federal agencies, shall develop, prior to installation of
any technologies under this section, siting criteria for marine
renewable energy generation demonstration and commercial application
projects funded under this Act.

SEC. 5. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND
              DEMONSTRATION CENTERS.

    (a) Centers.--The Secretary, acting through the National Renewable
Energy Laboratory, shall award grants to institutions of higher
education (or consortia thereof) for the establishment of 1 or more
National Marine Renewable Energy Research, Development, and
Demonstration Centers. In selecting locations for Centers, the
Secretary shall consider sites that meet one of the following criteria:
            (1) Hosts an existing marine renewable energy research and
        development program in coordination with a public university
        engineering program.
            (2) Has proven expertise to support environmental and
        policy-related issues associated with harnessing of energy in
        the marine environment.
            (3) Has access to and utilizes the marine resources in the
        Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean.
The Secretary may give special consideration to historically black
colleges and universities and land grant universities that also meet
one of these criteria. In establishing criteria for the selection of
Centers, the Secretary shall coordinate with the Undersecretary of
Commerce for Oceans and Atmosphere on the criteria related to advancing
wave forecasting technologies, studying the compatibility with the
environment of marine renewable energy technologies and systems, and
establishing protocols for how the ocean community best interacts with
marine renewable energy devices and parks.
    (b) Purposes.--The Centers shall advance research, development,
demonstration, and commercial application of marine renewable energy
through a number of initiatives including for the purposes described in
section 4(1) through (13), and shall serve as an information
clearinghouse for the marine renewable energy industry, collecting and
disseminating information on best practices in all areas related to
developing and managing enhanced marine renewable energy systems
resources.
    (c) Demonstration of Need.--When applying for a grant under this
section, an applicant shall include a description of why Federal
support is necessary for the Center, including evidence that the
research of the Center will not be conducted in the absence of Federal
support.

SEC. 6. APPLICABILITY OF OTHER LAWS.

    Nothing in this Act shall be construed as waiving the applicability
of any requirement under any environmental or other Federal or State
law.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry
out this Act $50,000,000 for each of the fiscal years 2008 through
2012, except that no funds shall be appropriated under this section for
activities that are receiving funds under section 931(a)(2)(E)(i) of
the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).

Output:
Marine Renewable Energy Research and Development Act of 2007 - Instructs the Secretary of Energy to support research and demonstration programs to expand marine renewable energy production, including: (1) study and comparison of existing marine renewable energy extraction technologies; (2) investigation of utility grid and intermittency issues; (3) increased survivability of marine renewable energy extraction technologies, including development of corrosive-resistant materials; (4) a study of environmental impacts of such technologies and ways to address adverse impacts; and (5) establishment of protocols, in conjunction with the National Oceanic and Atmospheric Administration (NOAA), for how the ocean community may best interact with marine renewable energy devices.

Directs the Secretary to develop siting criteria for marine renewable energy generation projects prior to installation of such technologies.

Directs the Secretary to award grants to institutions of higher education (or consortia of them) to establish National Marine Renewable Energy Research, Development, and Demonstration Centers to serve as information clearinghouses for the marine renewable energy industry, collecting and disseminating information on best practices related to developing and managing enhanced marine renewable energy systems resources.

Authorizes the Secretary to give special consideration to historically black colleges and universities and land grant universities that meet prescribed criteria.

Authorizes appropriations for FY2008-FY2012, excluding certain ocean energy programs already receiving funds under the Energy Policy Act of 2005.


Input:
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Veterans' Compensation Cost-of-
Living Adjustment Act of 2008''.
SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION.
    (a) Rate Adjustment.--Effective on December 1, 2008, the Secretary
of Veterans Affairs shall increase, in accordance with subsection (c),
the dollar amounts in effect on November 30, 2008, for the payment of
disability compensation and dependency and indemnity compensation under
the provisions specified in subsection (b).
    (b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
        (1) Wartime disability compensation.--Each of the dollar
    amounts under section 1114 of title 38, United States Code.
        (2) Additional compensation for dependents.--Each of the dollar
    amounts under section 1115(1) of such title.
        (3) Clothing allowance.--The dollar amount under section 1162
    of such title.
        (4) Dependency and indemnity compensation to surviving
    spouse.--Each of the dollar amounts under subsections (a) through
    (d) of section 1311 of such title.
        (5) Dependency and indemnity compensation to children.--Each of
    the dollar amounts under sections 1313(a) and 1314 of such title.
    (c) Determination of Increase.--
        (1) Percentage.--Except as provided in paragraph (2), each
    dollar amount described in subsection (b) shall be increased by the
    same percentage as the percentage by which benefit amounts payable
    under title II of the Social Security Act (42 U.S.C. 401 et seq.)
    are increased effective December 1, 2008, as a result of a
    determination under section 215(i) of such Act (42 U.S.C. 415(i)).
        (2) Rounding.--Each dollar amount increased under paragraph
    (1), if not a whole dollar amount, shall be rounded to the next
    lower whole dollar amount.
    (d) Special Rule.--The Secretary of Veterans Affairs may adjust
administratively, consistent with the increases made under subsection
(a), the rates of disability compensation payable to persons under
section 10 of Public Law 85-857 (72 Stat. 1263) who have not received
compensation under chapter 11 of title 38, United States Code.
    (e) Publication of Adjusted Rates.--The Secretary of Veterans
Affairs shall publish in the Federal Register the amounts specified in
subsection (b), as increased under that subsection, not later than the
date on which the matters specified in section 215(i)(2)(D) of the
Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section 215(i) of
such Act during fiscal year 2009.
SEC. 3. CODIFICATION OF 2007 COST-OF-LIVING ADJUSTMENT IN RATES OF
DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION.
    (a) Veterans' Disability Compensation.--Section 1114 of title 38,
United States Code, is amended--
        (1) in subsection (a), by striking ``$115'' and inserting
    ``$117'';
        (2) in subsection (b), by striking ``$225'' and inserting
    ``$230'';
        (3) in subsection (c), by striking ``$348'' and inserting
    ``$356'';
        (4) in subsection (d), by striking ``$501'' and inserting
    ``$512'';
        (5) in subsection (e), by striking ``$712'' and inserting
    ``$728'';
        (6) in subsection (f), by striking ``$901'' and inserting
    ``$921'';
        (7) in subsection (g), by striking ``$1,135'' and inserting
    ``$1,161'';
        (8) in subsection (h), by striking ``$1,319'' and inserting
    ``$1,349'';
        (9) in subsection (i), by striking ``$1,483'' and inserting
    ``$1,517'';
        (10) in subsection (j), by striking ``$2,471'' and inserting
    ``$2,527'';
        (11) in subsection (k)--
            (A) by striking ``$89'' both places it appears and
        inserting ``$91''; and
            (B) by striking ``$3,075'' and ``$4,313'' and inserting
        ``$3,145'' and ``$4,412'', respectively;
        (12) in subsection (l), by striking ``$3,075'' and inserting
    ``$3,145'';
        (13) in subsection (m), by striking ``$3,392'' and inserting
    ``$3,470'';
        (14) in subsection (n), by striking ``$3,860'' and inserting
    ``$3,948'';
        (15) in subsections (o) and (p), by striking ``$4,313'' each
    place it appears and inserting ``$4,412'';
        (16) in subsection (r), by striking ``$1,851'' and ``$2,757''
    and inserting ``$1,893'' and ``$2,820'', respectively; and
        (17) in subsection (s), by striking ``$2,766'' and inserting
    ``$2,829''.
    (b) Additional Compensation for Dependents.--Section 1115(1) of
such title is amended--
        (1) in subparagraph (A), by striking ``$139'' and inserting
    ``$142'';
        (2) in subparagraph (B), by striking ``$240'' and ``$70'' and
    inserting ``$245'' and ``$71'', respectively;
        (3) in subparagraph (C), by striking ``$94'' and ``$70'' and
    inserting ``$96'' and ``$71'', respectively;
        (4) in subparagraph (D), by striking ``$112'' and inserting
    ``$114'';
        (5) in subparagraph (E), by striking ``$265'' and inserting
    ``$271''; and
        (6) in subparagraph (F), by striking ``$222'' and inserting
    ``$227''.
    (c) Clothing Allowance for Certain Disabled Veterans.--Section 1162
of such title is amended by striking ``$662'' and inserting ``$677''.
    (d) Dependency and Indemnity Compensation for Surviving Spouses.--
        (1) New law dic.--Section 1311(a) of such title is amended--
            (A) in paragraph (1), by striking ``$1,067'' and inserting
        ``$1,091''; and
            (B) in paragraph (2), by striking ``$228'' and inserting
        ``$233''.
        (2) Old law dic.--The table in paragraph (3) of such section is
    amended to read as follows:

----------------------------------------------------------------------------------------------------------------
                 ``Pay grade                     Monthly rate               Pay grade              Monthly rate
----------------------------------------------------------------------------------------------------------------
E-1..........................................            $1,091  W-4............................          $1,305
E-2..........................................            $1,091  O-1............................          $1,153
E-3..........................................            $1,091  O-2............................          $1,191
E-4..........................................            $1,091  O-3............................          $1,274
E-5..........................................            $1,091  O-4............................          $1,349
E-6..........................................            $1,091  O-5............................          $1,485
E-7..........................................            $1,129  O-6............................          $1,674
E-8..........................................            $1,191  O-7............................          $1,808
E-9..........................................           $1,2421  O-8............................          $1,985
W-1..........................................            $1,153  O-9............................          $2,123
W-2..........................................            $1,198  O-10...........................         $2,3282
W-3..........................................            $1,234
----------------------------------------------------------------------------------------------------------------
1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master
  sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast
  Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be
  $1,342.
2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
  Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of
  the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate
  shall be $2,499.''

        (3) Additional dic for children or disability.--Section 1311 of
    such title is amended--
            (A) in subsection (b), by striking ``$265'' and inserting
        ``$271'';
            (B) in subsection (c), by striking ``$265'' and inserting
        ``$271''; and
            (C) in subsection (d), by striking ``$126'' and inserting
        ``$128''.
    (e) Dependency and Indemnity Compensation for Children.--
        (1) Dic when no surviving spouse.--Section 1313(a) of such
    title is amended--
            (A) in paragraph (1), by striking ``$452'' and inserting
        ``$462'';
            (B) in paragraph (2), by striking ``$649'' and inserting
        ``$663'';
            (C) in paragraph (3), by striking ``$846'' and inserting
        ``$865''; and
            (D) in paragraph (4), by striking ``$846'' and ``$162'' and
        inserting ``$865'' and ``$165'', respectively.
        (2) Supplemental dic for certain children.--Section 1314 of
    such title is amended--
            (A) in subsection (a), by striking ``$265'' and inserting
        ``$271'';
            (B) in subsection (b), by striking ``$452'' and inserting
        ``$462''; and
            (C) in subsection (c), by striking ``$225'' and inserting
        ``$230''.
    (f) Effective Date.--The amendments made by this section shall take
effect on December 1, 2007.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
Veterans' Compensation Cost-of-Living Adjustment Act of 2008 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2008, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children.

Requires each such increase to be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date. Codifies rate amounts as increased under the Veterans' Compensation Cost-of-Living Adjustment Act of 2007.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Mental Health Modernization
Act of 2000''.

SEC. 2. FINDINGS.

    The Senate finds the following:
            (1) Older people have the highest rate of suicide of any
        population in the United States, and the suicide rate of that
        population increases with age, with individuals 65 and older
        accounting for 20 percent of all suicide deaths in the United
        States, while comprising only 13 percent of the population of
        the United States.
            (2) Disability due to mental illness in individuals over 65
        years old will become a major public health problem in the near
        future because of demographic changes. In particular, dementia,
        depression, schizophrenia, among other conditions, will all
        present special problems for this age group.
            (3) Major depression is strikingly prevalent among older
        people, with between 8 and 20 percent of older people in
        community studies and up to 37 percent of those seen in primary
        care settings experiencing symptoms of depression.
            (4) Almost 20 percent of the population of individuals age
        55 and older, experience specific mental disorders that are not
        part of normal aging.
            (5) Unrecognized and untreated depression, Alzheimer's
        disease, anxiety, late-life schizophrenia, and other mental
        conditions can be severely impairing and may even be fatal.
            (6) Substance abuse, particularly the abuse of alcohol and
        prescription drugs, among adults 65 and older is one of the
        fastest growing health problems in the United States, with 17
        percent of this age group suffering from addiction or substance
        abuse. While addiction often goes undetected and untreated
        among older adults, aging and disability makes the body more
        vulnerable to the effects of alcohol and drugs, further
        exacerbating other age-related health problems. Medicare
        coverage for addiction treatment of the elderly needs to
        recognize these special vulnerabilities.
            (7) The disabled are another population receiving
        inadequate mental health care through medicare. According to
        the Health Care Financing Administration, medicare is the
        primary health care coverage for the 5,000,000 non-elderly,
        disabled people on Social Security Disability Insurance. Up to
        40 percent of these individuals have a diagnosis of mental
        illness, and also face severe discrimination in mental health
        coverage.

SEC. 3. DECREASE IN MEDICARE BENEFICIARY COPAYMENT FOR OUTPATIENT
              MENTAL HEALTH SERVICES.

    (a) In General.--Section 1833(c) of the Social Security Act (42
U.S.C. 1395l(c)) is repealed.
    (b) Conforming Amendment.--Section 1866(a)(2)(A) of such Act (42
U.S.C. 1395cc(a)(2)(A)) is amended by striking the second sentence.
    (c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to items and services furnished on or after the date of
enactment of this Act.

SEC. 4. INTENSIVE RESIDENTIAL SERVICES.

    (a) Coverage Under Part A.--Section 1812(a) (42 U.S.C. 1395d(a)) is
amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end of
        and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) intensive residential services (as defined in section
        1861(uu)) furnished to an individual for up to 120 days during
        any calendar year.''.
    (b) Intensive Residential Services Defined.--Section 1861 of the
Social Security Act (42 U.S.C. 1395x) is amended by adding at the end
the following new subsection:

                    ``Intensive Residential Services

    ``(uu)(1) Subject to paragraphs (2) and (3), the term `intensive
residential services' means inpatient services provided in any of the
following facilities:
            ``(A) Residential detoxification centers.
            ``(B) Crisis residential programs or mental illness
        residential treatment programs.
            ``(C) Therapeutic family or group treatment homes.
            ``(D) Residential centers for substance abuse treatment.
    ``(2) No service may be treated as an intensive residential service
unless the facility at which the service is provided--
            ``(A) is legally authorized to provide such service under
        the law of the State (or under a State regulatory mechanism
        provided by State law) in which the facility is located or is
        certified to provide such service by an appropriate
        accreditation entity approved by the State in consultation with
        the Secretary; and
            ``(B) meets such other requirements as the Secretary may
        impose to assure the quality of the intensive residential
        services provided.
    ``(3) No service may be treated as an intensive residential service
under paragraph (1) unless the service is furnished in accordance with
standards established by the Secretary for the management of such
services.''.
    (c) Reduction in Days of Coverage for Inpatient Services.--Section
1812(b)(3) of the Social Security Act (42 U.S.C. 1395d(b)(3)) is
amended by striking the period at the end and inserting the following:
``, reduced by a number of days determined by the Secretary so that the
actuarial value of providing such number of days of services under this
paragraph to the individual is equal to the actuarial value of the days
of inpatient residential services furnished to the individual under
subsection (a)(5) during the year after such services have been
furnished to the individual for 120 days during the year (rounded to
the nearest day).''.
    (d) Amount of Payment.--Section 1814 of the Social Security Act (42
U.S.C. 1395f) is amended--
            (1) in subsection (b), in the matter preceding paragraph
        (1), by inserting ``other than a provider of intensive
        residential services,'' after ``hospice care,''; and
            (2) by adding at the end the following new subsection:

              ``Payment for Intensive Residential Services

    ``(m)(1) Except as provided in paragraphs (2) and (3), the amount
of payment under this part for intensive residential services under
section 1812(a)(5) shall be equal to the lesser of--
            ``(A) the reasonable cost of such services, as determined
        under section 1861(v), or
            ``(B) the customary charges with respect to such services,
less the amount a provider may charge as described in clause (ii) of
section 1866(a)(2)(A).
    ``(2) If intensive residential services are furnished by a public
provider of services or by another provider which demonstrates to the
satisfaction of the Secretary that a significant portion of its
patients are low-income (and requests that payment be made under this
clause), free of charge or at nominal charges to the public, the
Secretary shall determine the amount of payment for such services in
accordance with subsection (b)(2).
    ``(3) If (and for so long as) the conditions described in
subsection (b)(3) are met, the Secretary shall determine the amount of
payment for intensive residential services under the reimbursement
system described in such subsection.''.

SEC. 5. STUDY OF COVERAGE CRITERIA FOR ALZHEIMER'S DISEASE AND RELATED
              MENTAL ILLNESSES.

    (a) Study.--
            (1) In general.--The Secretary of Health and Human Services
        (in this section referred to as the ``Secretary'') shall
        conduct a study to determine whether the criteria for coverage
        of any therapy service (including occupational therapy services
        and physical therapy services) or any outpatient mental health
        care service under the medicare program under title XVIII of
        the Social Security Act unduly restricts the access of any
        medicare beneficiary who has been diagnosed with Alzheimer's
        disease or a related mental illness to such a service because
        the coverage criteria requires the medicare beneficiary to
        display continuing clinical improvement to continue to receive
        the service.
            (2) Determination of new coverage criteria.--If the
        Secretary determines that the coverage criteria described in
        paragraph (1) unduly restricts the access of any medicare
        beneficiary to the services described in such paragraph, the
        Secretary shall identify alternative coverage criteria that
        would permit a medicare beneficiary who has been diagnosed with
Alzheimer's disease or a related mental illness to receive coverage for
health care services under the medicare program that are designed to
control symptoms, maintain functional capabilities, reduce or deter
deterioration, and prevent or reduce hospitalization of the
beneficiary.
    (b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the committees of jurisdiction
of Congress a report on the study conducted under subsection (a)
together with such recommendations for legislative and administrative
action as the Secretary determines appropriate.

SEC. 6. MENTAL HEALTH COUNSELING SERVICES.

    (a) Adding Mental Health Counselor Services to the Definition of
Medical and Other Health Services.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395(s)(2)) is amended--
            (1) in subparagraph (S), by striking ``and'' at the end;
            (2) in subparagraph (T)(ii), by adding ``and'' at the end;
        and
            (3) by adding at the end the following new subparagraph:
                    ``(U) mental health counselor services (as defined
                in subsection (vv));''.
    (b) Mental Health Counselor; Mental Health Counselor Services
Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as
amended by section 4, is amended by adding at the end the following new
subsection:

      ``Mental Health Counselor; Mental Health Counselor Services

    ``(vv)(1) The term `mental health counselor' means an individual
who--
            ``(A) possesses a master's or doctor's degree in counseling
        or a related field;
            ``(B) after obtaining such a degree has performed at least
        2 years of supervised mental health counselor practice; and
            ``(C)(i) is licensed or certified as a mental health
        counselor or professional counselor by the State in which the
        services are performed; or
            ``(ii) in the case of an individual in a State that does
        not provide for licensure or certification--
                    ``(I) has completed at least 2 years or 3,000 hours
                of post-master's degree supervised mental health
                counselor practice under the supervision of a master's
                or doctor's level mental health provider in an
                appropriate setting (as determined by the Secretary);
                and
                    ``(II) meet such other criteria as the Secretary
                establishes.
    ``(2) The term `mental health counselor services' means services
performed by a mental health counselor (as defined in paragraph (1))
for the diagnosis and treatment of mental illnesses which the mental
health counselor is legally authorized to perform under State law (or
the State regulatory mechanism provided by the State law) of the State
in which such services as performed as would otherwise be covered if
furnished by a physician or as incident to a physician's professional
service.''.
    (c) Payment.--Section 1833(a)(1) of the Social Security Act (42
U.S.C. 1395l(a)(1)) is amended--
            (1) by striking ``and'' before ``(S)''; and
            (2) by inserting before the semicolon at the end the
        following: ``, and (T) with respect to mental health counselor
        services under section 1861(s)(2)(U), the amounts paid shall be
        80 percent of (i) the actual charge for the services or (ii) 75
        percent of the amount determined for payment of a psychologist
        under clause (L)''.

SEC. 7. EXCLUDING CLINICAL SOCIAL WORKER SERVICES FROM COVERAGE UNDER
              THE MEDICARE SKILLED NURSING FACILITY PROSPECTIVE PAYMENT
              SYSTEM AND CONSOLIDATED PAYMENT.

    (a) In General.--Section 1888(e)(2)(A)(ii) of the Social Security
Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``clinical
social worker services,'' after ``qualified psychologist services,''.
    (b) Conforming Amendment.--Section 1861(hh)(2) of such Act (42
U.S.C. 1395x(hh)(2)) is amended by striking ``and other than services
furnished to an inpatient of a skilled nursing facility which the
facility is required to provide as a requirement for participation''.
    (c) Effective Date.--The amendments made by this section apply as
if included in the enactment of section 4432(a) of the Balanced Budget
Act of 1997.

Output:
Amends Medicare part A (Hospital Insurance) to provide for coverage of intensive residential services.
Directs the Secretary of Health and Human Services to study and report to Congress on whether the criteria for Medicare coverage of any therapy service (including occupational and physical therapy) or any outpatient mental health care service unduly restricts the access to such a service of any Medicare beneficiary diagnosed with Alzheimer's disease or a related mental illness because the coverage criteria requires the beneficiary to display continuing clinical improvement to continue to receive the service.
Amends Medicare to: (1) cover mental health counselor services; and (2) exclude clinical social worker services from coverage under the Medicare skilled nursing facility prospective payment system.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mud Dump Permanent Closure and
Remediation Act of 2000''.

SEC. 2. PERMANENT DUMPING BAN AT HISTORIC AREA REMEDIATION SITE.

    Section 103 of the Marine Protection, Research, and Sanctuaries Act
of 1972 (33 U.S.C. 1413) is amended by adding at the end the following:
    ``(f) Historic Area Remediation Site.--
            ``(1) Prohibition on ocean dumping.--Except as provided by
        paragraph (2), after the date of enactment of this subsection,
        dumping shall be prohibited at the Historic Area Remediation
        Site (as defined in subsection (g)).
            ``(2) Permits for remediation.--After the date of issuance
        of standards for remediation materials under subsection (g),
        the Secretary may issue permits under this section authorizing
        the transportation of dredged materials to the Historic Area
        Remediation Site solely for the purpose of providing for
        remediation of the site.
            ``(3) Remediation to be followed by permanent closure.--
        Upon satisfying the goal specified in subsection (g)(2)(B) at
        the Historic Area Remediation Site, as determined by the
        Administrator, the Secretary shall not issue any further
        permits under this section authorizing the transportation of
        dredged materials to the site for any purpose.
            ``(4) Existing permits.--A permit issued under this section
        before the date of enactment of this subsection shall not be
        effective to the extent that the permit authorizes dumping in
        violation of this subsection.
            ``(5) Advance notice of permits.--At least 30 days before
        issuing a permit under paragraph (2), the Secretary shall
        provide written notice of the permit to the Governors of the
        States of New York and New Jersey and to each Member of
        Congress representing one of such States. This paragraph shall
        not be construed to affect any notification requirement under
        any other provision of law.''.

SEC. 3. STANDARDS FOR REMEDIATION MATERIALS.

    Section 103 of the Marine Protection, Research, and Sanctuaries Act
of 1972 (33 U.S.C. 1413) is further amended by adding at the end the
following:
    ``(g) Standards for Remediation Materials.--
            ``(1) Development of standards.--Not later than 90 days
        after the date of enactment of this subsection, the
        Administrator, in consultation with the Under Secretary for
        Oceans and Atmosphere, shall develop and publish in the Federal
        Register standards for evaluating dredged materials to be used
        solely for remediation purposes at the Historic Area
        Remediation Site.
            ``(2) Requirements for standards.--
                    ``(A) In general.--In developing standards under
                paragraph (1), the Administrator shall ensure that the
                materials used for remediation--
                            ``(i) contain significantly lower levels of
                        contaminants (as referred to in section 227.6
                        of title 40, Code of Federal Regulations),
                        including polycyclic aromatic hydrocarbons and
                        polyclorinated biphenyls, than exist at the
                        Historic Area Remediation Site;
                            ``(ii) will significantly reduce
                        contamination levels in biota and sediments at
                        the Historic Area Remediation Site; and
                            ``(iii) will reduce both the number,
                        extent, and magnitude of undesirable effects on
                        marine life in and around the Historic Area
                        Remediation Site, including through
                        bioaccumulation.
                    ``(B) Goal.--The goal of the standards to be
                developed under paragraph (1) shall be to reduce the
                level of contamination at the Historic Area Remediation
                Site to a level that reflects background ambient
                contamination levels in the ocean.
            ``(3) Notice and comment.--The Administrator shall provide
        notice and an opportunity for public comment before issuing
        final standards under paragraph (1).
            ``(4) Definitions.--In this subsection, the following
        definitions apply:
                    ``(A) Background ambient contamination levels.--The
                term `background ambient contamination levels' means a
                level of contamination that is substantially equivalent
                to or less than--
                            ``(i) the levels of contamination in biota
                        and sediments found occurring naturally in the
                        ocean in areas that have never been impacted by
                        ocean dumping; and
                            ``(ii) the levels of contamination found in
                        the clean reference sediments used by the
                        Environmental Protection Agency when testing
                        and evaluating remediation materials to be
                        deposited at the Historic Area Remediation
                        Site.
                    ``(B) Clean reference sediments.--The term `clean
                reference sediments' means a sediment, substantially
                free of contaminants, that is as similar to the grain
                size of the dredged material and the sediment at the
                disposal site as practical, and reflects conditions
                that would exist in the vicinity of the disposal site
                had no dredged material disposal ever occurred, but had
                all other influences on sediment taken place.
                    ``(C) Historic area remediation site.--The term
                `Historic Area Remediation Site' means the dredged
                material disposal area known by that name that is
                located east of Sandy Hook, New Jersey, and described
                in section 228.15(d)(6) of title 40, Code of Federal
                Regulations (as in effect on July 1, 1999).''.

Output:
Provides that an existing permit shall not be effective if it authorizes dumping in violation of this Act.
Requires the Administrator of the Environmental Protection Agency to develop standards for evaluating dredged materials to be used solely for remediation purposes at the Site. Directs the Administrator, in developing such standards, to ensure that the materials used for remediation: (1) contain significantly lower levels of contaminants than exist at the Site; (2) will significantly reduce contamination levels in biota and sediments at the Site; and (3) will reduce the number, extent, and magnitude of undesirable effects on marine life in and around the Site. Requires the goals of such standards to be to reduce the level of contamination at the Site to a level that reflects background ambient contamination levels in the ocean.