SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Provide for the
Common Defense Act of 2013''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
  TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY

Sec. 101. Elimination of 251A reductions for revised security category
                            in fiscal years 2014 and 2015.
                  TITLE II--OFFSETTING PAYMENT CHANGES

                          Subtitle A--Medicare

Sec. 201. Adjustments to calculation of Medicare part B and part D
                            premiums for high-income beneficiaries.
Sec. 202. Increase in part B deductible for new enrollees.
                        Subtitle B--Agriculture

Sec. 211. Cap on overall rate of return for crop insurance providers.
Sec. 212. Cap on reimbursements for administrative and operating
                            expenses of crop insurance providers.
Sec. 213. Reduction in share of crop insurance premium paid by Federal
                            Crop Insurance Corporation.
                     Subtitle C--Federal Retirement

Sec. 221. Retirement contributions.
Sec. 222. Annuity supplement.
Sec. 223. Use of Chained Consumer Price Index.
                        Subtitle D--Chained CPI

Sec. 231. Change in index used to calculate Social Security cost-of-
                            living adjustments.

  TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY

SEC. 101. ELIMINATION OF 251A REDUCTIONS FOR REVISED SECURITY CATEGORY
              IN FISCAL YEARS 2014 AND 2015.

    (a) Elimination of the Adjustment Under Section 251A for Fiscal
Years 2014 and 2015.--Section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a) is amended--
            (1) in paragraphs (7)(B) and (8), by striking ``On the
        date'' in each instance and inserting ``Subject to paragraph
        (12), on the date''; and
            (2) by adding at the end the following new paragraph:
            ``(12) No reductions for revised security category in
        fiscal years 2014 and 2015.--Paragraphs (7)(B) and (8) shall
        have no force or effect for fiscal years 2014 and 2015 with
        respect to the revised security category.''.
    (b) Discretionary Spending Limits for the Revised Security Category
in Fiscal Years 2014 and 2015.--For purposes of section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (as modified
by section 251A(2) of such Act), for fiscal years 2014 and 2015, the
discretionary spending limit for the revised security category in each
such fiscal year shall be $552,000,000,000 and $566,000,000,000,
respectively.

                  TITLE II--OFFSETTING PAYMENT CHANGES

                          Subtitle A--Medicare

SEC. 201. ADJUSTMENTS TO CALCULATION OF MEDICARE PART B AND PART D
              PREMIUMS FOR HIGH-INCOME BENEFICIARIES.

    (a) Increase in Applicable Percentage Used To Calculate Premiums.--
Section 1839(i)(3)(C)(i) of the Social Security Act (42 U.S.C.
1395r(i)(3)(C)(i)) is amended--
            (1) by inserting after ``In general.--'' the following:
                                    ``(I) Years before 2017.--For
                                calendar years prior to 2017:''; and
            (2) by adding at the end the following new subclause:
                            ``(II) 2017 and subsequent years.--For
                        calendar year 2017 and each subsequent calendar
                        year:

``If the modified adjusted                               The applicable
   gross income is:                                      percentage is:
        More than $85,000 but not more than $107,000...........     40
        More than $107,000 but not more than $160,000..........     55
        More than $160,000 but not more than $214,000..........     70
        More than $214,000.....................................  90.''.
    (b) Temporary Adjustment to Income Thresholds Used To Calculate
Premiums.--
            (1) In general.--Section 1839(i)(6) of the Social Security
        Act (42 U.S.C. 1395r(i)(6)) is amended in the matter preceding
        subparagraph (A) by striking ``December 31, 2019'' and
        inserting ``December 31 of the year after 2019 that is the
        first year after the year in which at least 25 percent of
        individuals enrolled under this part are subject to a reduction
        under this subsection to the monthly amount of the premium
        subsidy applicable to the premium under this section.''.
            (2) Application of inflation adjustment.--Section
        1839(i)(5) of the Social Security Act (42 U.S.C. 1395r(i)(5))
        is amended--
                    (A) in subparagraph (A), by striking ``In the
                case'' and inserting ``Subject to subparagraph (C), in
                the case''; and
                    (B) by adding at the end the following new
                subparagraph:
                    ``(C) Treatment of years after temporary adjustment
                period.--In applying subparagraph (A) for the first
                year beginning after the period described in paragraph
                (6) and for each subsequent year, the 12-month period
                ending with August 2006 described in clause (ii) of
                such subparagraph shall be deemed to be the 12-month
                period ending with August of the last year of such
                period described in paragraph (6).''.

SEC. 202. INCREASE IN PART B DEDUCTIBLE FOR NEW ENROLLEES.

    Section 1833 of the Social Security Act (42 U.S.C. 1395l) is
amended--
            (1) in the first sentence of subsection (b), by inserting
        ``(subject to subsection (z))'' after ``for a subsequent
        year''; and
            (2) by adding at the end the following:
    ``(z) Higher Deductible for New Enrollees.--In the case of an
individual who is not enrolled under this part before January 1, 2017,
the amount of the deductible under subsection (b)--
            ``(1) for 2017 shall be the amount otherwise determined
        under such subsection for 2017 increased by $25;
            ``(2) for 2018 shall be the amount otherwise determined
        under such subsection for 2018, taking into account the
        application of the previous paragraph;
            ``(3) for 2019 shall be the amount otherwise determined
        under such subsection for 2019, taking into the application of
        the previous paragraphs, , increased by $25;
            ``(4) for 2020 shall be the amount otherwise determined
        under such subsection for 2020, taking into account the
        application of the previous paragraphs, increased by $25;
            ``(5) for 2021 shall be the amount otherwise determined
        under such subsection for 2021, taking into account the
        application of the previous paragraphs, increased by $25; and
            ``(6) for any subsequent year shall be the amount otherwise
        determined under such subsection for such year, taking into
        account the application of the previous paragraphs and this
        paragraph for previous years.''.

                        Subtitle B--Agriculture

SEC. 211. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS.

    Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k))
is amended--
            (1) by designating paragraph (3) as subparagraph (A) (and
        adjusting the margin two ems to the right);
            (2) by inserting before subparagraph (A) (as so designated)
        the following:
            ``(3) Risk.--''; and
            (3) by adding at the end the following new subparagraph:
                    ``(B) Cap on overall rate of return.--The target
                rate of return for all the companies combined for the
                2014 and subsequent reinsurance years shall be 12.8
                percent of retained premium.''.

SEC. 212. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING
              EXPENSES OF CROP INSURANCE PROVIDERS.

    Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(4)) is amended by adding at the end the following new
subparagraph:
                    ``(G) Additional cap on reimbursements.--
                Notwithstanding subparagraphs (A) through (F), total
                reimbursements for administrative and operating costs
                for the 2014 insurance year for all types of policies
                and plans of insurance shall not exceed $935,000,000.
                For each subsequent insurance year, the dollar amount
                in effect pursuant to the preceding sentence shall be
                increased by the same inflation factor as established
                for the administrative and operating costs cap in the
                2011 Standard Reinsurance Agreement.''.

SEC. 213. REDUCTION IN SHARE OF CROP INSURANCE PREMIUM PAID BY FEDERAL
              CROP INSURANCE CORPORATION.

    (a) Catastrophic Risk Protection.--Section 508(d)(2)(A) of the
Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)(A)) is amended by
striking ``sufficient to cover anticipated losses and a reasonable
reserve'' and inserting ``for all crops for which catastrophic risk
protection coverage is available shall be reduced by the percentage
equal to the difference between the average loss ratio for such crop
and 100 percent, plus a reasonable reserve''.
    (b) Additional Coverage.--Section 508(e)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1508(e)(2)) is amended--
            (1) in subparagraph (B)(i), by striking ``67'' and
        inserting ``64'';
            (2) in subparagraph (C)(i), by striking ``64'' and
        inserting ``61'';
            (3) in subparagraph (D)(i), by striking ``59'' and
        inserting ``56''; and
            (4) in subparagraph (E)(i), by striking ``55'' and
        inserting ``52''.
    (c) Enterprise and Whole Farm Units.--Section 508(e)(5)(C) of the
Federal Crop Insurance Act (7 U.S.C. 1508(e)(5)(C)) is amended by
striking ``80'' and inserting ``77''.
    (d) Area Revenue Plans.--Section 508(e)(6) of the Federal Crop
Insurance Act (7 U.S.C. 1508(e)(6)) is amended--
            (1) in subparagraph (A)(i), by striking ``59'' and
        inserting ``56''; and
            (2) in subparagraph (B)(i), by striking ``55'' and
        inserting ``52''.
    (e) Area Yield Plans.--Section 508(e)(7) of the Federal Crop
Insurance Act (7 U.S.C. 1508) is amended--
            (1) in subparagraph (A)(i), by striking ``59'' and
        inserting ``56'';
            (2) in subparagraph (B)(i), by striking ``55'' and
        inserting ``52''; and
            (3) in subparagraph (C)(i), by striking ``51'' and
        inserting ``48''.
    (f) Effective Date.--The amendments made by this section shall
apply with respect to the first contract change date for a contract
under the Federal Crop Insurance Act occurring after the date of the
enactment of this Act.

                     Subtitle C--Federal Retirement

SEC. 221. RETIREMENT CONTRIBUTIONS.

    (a) Civil Service Retirement System.--
            (1) Individual contributions.--Section 8334(c) of title 5,
        United States Code, is amended--
                    (A) by striking ``(c) Each'' and inserting ``(c)(1)
                Each''; and
                    (B) by adding at the end the following:
    ``(2) Notwithstanding any other provision of this subsection, the
applicable percentage of basic pay under this subsection for civilian
service by an employee or Member shall, for purposes of computing an
amount--
            ``(A) for a period in calendar year 2014, be equal to the
        applicable percentage under this subsection for calendar year
        2013 plus an additional 0.4 percentage point;
            ``(B) for a period in calendar year 2015, be equal to the
        applicable percentage under this subsection for calendar year
        2014 (as determined under subparagraph (A)) plus an additional
        0.4 percentage point;
            ``(C) for a period in calendar year 2016, be equal to the
        applicable percentage under this subsection for calendar year
        2015 (as determined under subparagraph (B)) plus an additional
        0.4 percentage point; and
            ``(D) for a period in any calendar year after 2016, be
        equal to the applicable percentage under this subsection for
        calendar year 2015 (as determined under subparagraph (C)).
    ``(3)(A) Notwithstanding subsection (a)(2), any excess
contributions under subsection (a)(1)(A) (including the portion of any
deposit under this subsection allocable to excess contributions) shall,
if made by an employee of the United States Postal Service or the
Postal Regulatory Commission, be deposited to the credit of the Postal
Service Fund under section 2003 of title 39, rather than the Civil
Service Retirement and Disability Fund.
    ``(B) For purposes of this paragraph, the term `excess
contributions', as used with respect to contributions made under
subsection (a)(1)(A) by an employee of the United States Postal Service
or the Postal Regulatory Commission, means the amount by which--
            ``(i) deductions from basic pay of such employee which are
        made under subsection (a)(1)(A), exceed
            ``(ii) deductions from basic pay of such employee which
        would have been so made if paragraph (2) had not been
        enacted.''.
            (2) Government contributions.--Section 8334(a)(1)(B) of
        title 5, United States Code, is amended--
                    (A) in clause (i), by striking ``Except as provided
                in clause (ii),'' and inserting ``Except as provided in
                clause (ii) or (iii),''; and
                    (B) by adding at the end the following:
    ``(iii) The amount to be contributed under clause (i) shall, with
respect to a period in any year beginning after December 31, 2013, be
equal to--
            ``(I) the amount which would otherwise apply under clause
        (i) with respect to such period, reduced by
            ``(II) the amount by which, with respect to such period,
        the withholding under subparagraph (A) exceeds the amount which
        would otherwise have been withheld from the basic pay of the
        employee or elected official involved under subparagraph (A)
        based on the percentage applicable under subsection (c) for
        calendar year 2013.''.
    (b) Individual Contributions Under the Federal Employees'
Retirement System.--Section 8422(a)(3) of title 5, United States Code,
is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C);
        and
            (2) by inserting after subparagraph (A) the following:
    ``(B) Notwithstanding any other provision of this paragraph, the
applicable percentage under this paragraph for civilian service by
employees or Members other than revised annuity employees shall--
            ``(i) for a period in calendar year 2014, be equal to the
        applicable percentage under this paragraph for calendar year
        2013 plus an additional 0.4 percentage point;
            ``(ii) for a period in calendar year 2015, be equal to the
        applicable percentage under this paragraph for calendar year
        2014 (as determined under clause (i)) plus an additional 0.4
        percentage point;
            ``(iii) for a period in calendar year 2016, be equal to the
        applicable percentage under this paragraph for calendar year
        2015 (as determined under clause (ii)) plus an additional 0.4
        percentage point; and
            ``(iv) for a period in any calendar year after 2016, be
        equal to the applicable percentage under this paragraph for
        calendar year 2016 (as determined under clause (iii)).''.

SEC. 222. ANNUITY SUPPLEMENT.

    Section 8421(a) of title 5, United States Code, is amended--
            (1) in paragraph (1), by striking ``paragraph (3)'' and
        inserting ``paragraphs (3) and (4)'';
            (2) in paragraph (2), by striking ``paragraph (3)'' and
        inserting ``paragraphs (3) and (4)''; and
            (3) by adding at the end the following:
    ``(4) No annuity supplement under this section shall be payable in
the case of an individual who first becomes subject to this chapter
after December 31, 2013.''.

SEC. 223. USE OF CHAINED CONSUMER PRICE INDEX.

    (a) In General.--Paragraph (15) of section 8331 of title 5, United
States Code, is amended to read as follows:
            ``(15) the term `price index' means the Chained Consumer
        Price Index (all items-all urban consumers) published monthly
        by the Bureau of Labor Statistics;''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2015, and shall apply with respect to any
cost-of-living adjustment taking effect under section 8340 or 8462 of
title 5, United States Code, on or after that date.

                        Subtitle D--Chained CPI

SEC. 231. CHANGE IN INDEX USED TO CALCULATE SOCIAL SECURITY COST-OF-
              LIVING ADJUSTMENTS.

    (a) In General.--Section 215(i)(1) of the Social Security Act (42
U.S.C. 415(i)(1)) is amended--
            (1) in subparagraph (G), by striking the period at the end
        and inserting ``; and''; and
            (2) by adding at the end the following new subparagraph:
            ``(H) the term `Consumer Price Index' means the Chained
        Consumer Price Index for All Urban Consumers (C-CPI-U, as
        published in its initial version by the Bureau of Labor
        Statistics of the Department of Labor).''.
    (b) Application to Pre-1979 Law.--
            (1) In general.--Section 215(i)(1) of the Social Security
        Act as in effect in December 1978, and as applied in certain
        cases under the provisions of such Act as in effect after
        December 1978, is amended--
                    (A) in subparagraph (C), by striking the period at
                the end and inserting ``; and''; and
                    (B) by adding at the end the following new
                subparagraph:
            ``(D) the term `Consumer Price Index' means the Chained
        Consumer Price Index for All Urban Consumers (C-CPI-U, as
        published in its initial version by the Bureau of Labor
        Statistics of the Department of Labor).''.
            (2) Conforming change.--Section 215(i)(4) of the Social
        Security Act (42 U.S.C. 415(i)(4)) is amended by inserting
        ``and by section 231 of the Provide for the Common Defense Act
        of 2013'' after ``1986''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to adjustments effective with or after December
2014.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safe Food Act of
1999''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Establishment of independent Food Safety Administration.
Sec. 5. Consolidation of separate food safety and inspection services
                            and agencies.
Sec. 6. Additional authorities of the Administration.
Sec. 7. Limitation on authorization of appropriations.
Sec. 8. Effective date.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The safety and security of the food supply of the
        United States requires efficient and effective management of
        food safety regulations.
            (2) The safety of the food supply of the United States is
        facing tremendous pressures with regard to the following
        issues:
                    (A) Emerging pathogens and the ability to detect
                them.
                    (B) An aging population with a growing number of
                people at high risk for foodborne illnesses.
                    (C) An increasing volume of imported foods, without
                adequate monitoring and inspection.
                    (D) Maintenance of adequate inspection of the
                domestic food processing and food service industry.
            (3) Federal food safety inspection, enforcement, and
        research efforts should be based on scientifically supportable
        assessments of risks to public health.
            (4) The Federal food safety system is fragmented, with at
        least 12 primary Federal agencies governing food safety.
    (b) Purposes.--It is the purpose of this Act--
            (1) to establish a single agency, the Food Safety
        Administration, that will be responsible for the regulation of
        food safety and labeling and for conducting food safety
        inspections to ensure, with reasonable certainty, that no harm
        will result from the consumption of food, by preventing food-
        borne illnesses due to microbial, natural, or chemical hazards
        in food; and
            (2) to transfer to the Food Safety Administration the food
        safety, labeling, and inspection functions currently performed
        by other Federal agencies, to achieve more efficient management
        and effective application of Federal food safety laws for the
        protection and improvement of public health.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Administration.--The term ``Administration'' means the
        Food Safety Administration established under section 4.
            (2) Administrator.--The term ``Administrator'' means the
        Administrator of Food Safety appointed under section 4.
            (3) Food safety laws.--The term ``food safety laws'' means
        the following:
                    (A) The Federal Meat Inspection Act (21 U.S.C. 601
                et seq.).
                    (B) The Poultry Products Inspection Act (21 U.S.C.
                451 et seq.).
                    (C) The Egg Products Inspection Act (21 U.S.C. 1031
                et seq.).
                    (D) The Federal Food, Drug, and Cosmetic Act (21
                U.S.C. 301 et seq.), with regard to food safety,
                labeling, and inspection under that Act.
                    (E) Such other laws and portions of laws regarding
                food safety, labeling, and inspection as the President
                may designate by Executive order as appropriate to
                consolidate under the administration of the
                Administration.

SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION.

    (a) Establishment of Administration; Administrator.--There is
established in the executive branch an agency to be known as the ``Food
Safety Administration''. The Administration shall be an independent
establishment, as defined in section 104 of title 5, United States
Code. The Administration shall be headed by the Administrator of Food
Safety, who shall be appointed by the President, by and with the advice
and consent of the Senate.
    (b) Responsibilities.--The Administrator shall administer and
enforce the food safety laws for the protection of the public health
and shall oversee the following functions of the Administration:
            (1) Implementation of Federal food safety inspection,
        enforcement, and research efforts, based on scientifically
        supportable assessments of risks to public health.
            (2) Development of consistent and science-based standards
        for safe food.
            (3) Coordination and prioritization of food safety research
        and education programs with other Federal agencies.
            (4) Coordination of the Federal response to foodborne
        illness outbreaks with other Federal agencies and State
        agencies.
            (5) Integration of Federal food safety activities with
        State and local agencies.

SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES
              AND AGENCIES.

    (a) Transfer of Functions.--For each Federal agency specified in
subsection (b), there are transferred to the Administration all
functions that the head of the Federal agency exercised on the day
before the effective date specified in section 8 (including all related
functions of any officer or employee of the Federal agency) that relate
to administration or enforcement of the food safety laws, as determined
by the President.
    (b) Covered Agencies.--The Federal agencies referred to in
subsection (a) are the following:
            (1) The Food Safety and Inspection Service of the
        Department of Agriculture.
            (2) The Center for Food Safety and Applied Nutrition of the
        Food and Drug Administration.
            (3) The Center for Veterinary Medicine of the Food and Drug
        Administration.
            (4) The National Marine Fisheries Service of the National
        Oceanic and Atmospheric Administration of the Department of
        Commerce as it relates to the Seafood Inspection Program.
            (5) Such other offices, services, or agencies as the
        President may designate by Executive order to further the
        purposes of this Act.
    (c) Transfer of Assets and Funds.--Consistent with section 1531 of
title 31, United States Code, the personnel, assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds that
relate to the functions transferred under subsection (a) from a Federal
agency shall be transferred to the Administration. Unexpended funds
transferred pursuant to this subsection shall be used by the
Administration only for the purposes for which the funds were
originally authorized and appropriated.
    (d) References.--After the transfer of functions from a Federal
agency under subsection (a), any reference in any other Federal law,
Executive order, rule, regulation, document, or other material to that
Federal agency or the head of that agency in connection with the
administration or enforcement of the food safety laws shall be deemed
to be a reference to the Administration or the Administrator,
respectively.
    (e) Savings Provisions.--The transfer of functions from a Federal
agency under subsection (a) shall not affect--
            (1) an order, determination, rule, regulation, permit,
        agreement, grant, contract, certificate, license, registration,
        privilege, or other administrative action issued, made,
        granted, or otherwise in effect or final with respect to that
        agency on the day before the transfer date with respect to the
        transferred functions; or
            (2) any suit commenced with regard to that agency, and any
        other proceeding (including a notice of proposed rulemaking),
        or any application for any license, permit, certificate, or
        financial assistance pending before that agency on the day
        before the transfer date with respect to the transferred
        functions.

SEC. 6. ADDITIONAL AUTHORITIES OF THE ADMINISTRATION.

    (a) Officers and Employees.--The Administrator may appoint officers
and employees for the Administration in accordance with the provisions
of title 5, United States Code, relating to appointment in the
competitive service, and fix the compensation of the officers and
employees in accordance with chapter 51 and with subchapter III of
chapter 53 of such title, relating to classification and General
Schedule pay rates.
    (b) Experts and Consultants.--The Administrator may procure the
services of experts and consultants as authorized by section 3109 of
title 5, United States Code, and pay in connection with the services
travel expenses of individuals, including transportation and per diem
in lieu of subsistence while away from the homes or regular places of
business of the individuals, as authorized by section 5703 of such
title.
    (c) Bureaus, Offices, and Divisions.--The Administrator may
establish within the Administration such bureaus, offices, and
divisions as the Administrator may determine to be necessary to
discharge the responsibilities of the Administration.
    (d) Rules.--The Administrator may prescribe, in accordance with
chapters 5 and 6 of title 5, United States Code, such rules as the
Administrator determines to be necessary or appropriate to administer
and manage the functions of the Administrator.

SEC. 7. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS.

    For the fiscal year that includes the effective date of this Act,
the amount authorized to be appropriated to carry out this Act shall
not exceed--
            (1) the amount appropriated for that fiscal year for the
        Federal agencies described in section 5(b) for the purpose of
        administering or enforcing the food safety laws; or
            (2) the amount appropriated for these agencies for such
        purpose for the preceding fiscal year, if, as of the effective
        date of this Act, appropriations for these agencies for the
        fiscal year that includes the effective date have not yet been
        made.

SEC. 8. EFFECTIVE DATE.

    This Act shall take effect on the earlier of--
            (1) the date that is 180 days after the date of the
        enactment of this Act; and
            (2) such date during that 180-day period as the President
        may direct in an Executive order.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Scotchman Peaks
Wilderness Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Scotchman Peaks Wilderness.
Sec. 4. Administration.
Sec. 5. Fire.
Sec. 6. Adjacent management.
Sec. 7. Indian tribes.
Sec. 8. Effect.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (2) Wilderness area.--The term ``wilderness area'' means
        the area designated as a component of the National Wilderness
        Preservation System by section 3(a).

SEC. 3. SCOTCHMAN PEAKS WILDERNESS.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), certain National Forest System land in the State of
Idaho comprising approximately 13,961 acres, as generally depicted on
the map entitled ``Final Map Scotchman Peaks Wilderness'' and dated
June 20, 2016, is designated as wilderness and as a component of the
National Wilderness Preservation System and shall be known as the
``Scotchman Peaks Wilderness''.
    (b) Map and Legal Description.--As soon as practicable after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a map
and legal description for the wilderness area.
    (c) Effect.--The map and legal description submitted under
subsection (b) shall have the same force and effect as if included in
this Act, except that the Secretary may correct minor errors in the map
or legal description.
    (d) Availability.--The map and legal description submitted under
subsection (b) shall be available for public inspection in the
appropriate offices of the Forest Service.

SEC. 4. ADMINISTRATION.

    (a) In General.--Subject to valid existing rights, the wilderness
area shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in
that Act to the effective date shall be considered to be a reference to
the date of enactment of this Act.
    (b) Withdrawal.--Subject to valid existing rights, the wilderness
area is withdrawn from all forms of--
            (1) entry, appropriation, and disposal under the public
        land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under the mineral leasing, mineral
        materials, and geothermal leasing laws.
    (c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State of Idaho with respect to fish and wildlife on
public land in the State.
    (d) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary may carry out management activities to maintain or restore
fish and wildlife populations and habitats to support fish and wildlife
populations within the wilderness area if the management activities--
            (1) are consistent with relevant wilderness management
        plans;
            (2) are conducted in accordance with appropriate policies,
        such as the policies established in Appendix B of the report of
        the Committee on Interior and Insular Affairs of the House of
        Representatives accompanying H.R. 2570 of the 101st Congress
        (House Report 101-405), including the occasional and temporary
        use of motorized vehicles; and
            (3) as determined by the Secretary, would--
                    (A) promote healthy, viable, and more naturally
                distributed wildlife populations that would enhance
                wilderness values; and
                    (B) accomplish the purpose of the management
                activity with the minimum impact necessary.

SEC. 5. FIRE.

    In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take such measures within the wilderness
area as the Secretary determines to be necessary for the control of
fire, insects, and disease.

SEC. 6. ADJACENT MANAGEMENT.

    (a) In General.--Nothing in this Act creates a protective perimeter
or buffer zone around the wilderness area.
    (b) Activities Outside Wilderness Area.--The fact that an activity
or use on land outside the wilderness area can be seen or heard within
the wilderness area shall not preclude the activity or use outside the
wilderness area.

SEC. 7. INDIAN TRIBES.

    (a) Access.--In recognition of the past use of the wilderness area
by Indian tribes for traditional cultural and religious purposes, the
Secretary shall ensure that Indian tribes have access to the wilderness
area for--
            (1) traditional cultural and religious purposes; and
            (2) exercise of any right reserved by treaty.
    (b) Temporary Closures.--
            (1) In general.--In carrying out this section, the
        Secretary, on request of an Indian tribe, may temporarily close
        to the general public one or more specific portions of the
        wilderness area to protect the privacy of the members of the
        Indian tribe in the conduct of the traditional cultural and
        religious activities in the wilderness area.
            (2) Requirement.--Any closure under paragraph (1) shall be
        made in such a manner as to affect the smallest practicable
        area for the minimum period of time necessary for the activity
        to be carried out.
    (c) Applicable Law.--Access to the wilderness area under this
section shall be in accordance with--
            (1) Public Law 95-341 (commonly known as the ``American
        Indian Religious Freedom Act'') (42 U.S.C. 1996); and
            (2) the Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 8. EFFECT.

    Nothing in this Act diminishes the rights of any Indian tribe.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Secondary Metal
Theft Prevention Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of the Congress.
Sec. 4. Purposes.
Sec. 5. Purchase transaction requirements.
Sec. 6. Protection of personal information.
Sec. 7. Enforcement by Federal Trade Commission.
Sec. 8. Enforcement by State Attorneys General.
Sec. 9. Civil penalty.
Sec. 10. State and local law not preempted.
Sec. 11. Definitions.
Sec. 12. Effective date.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Since 2006, metal theft has been on the rise, largely
        due to a surge in the global demand for scrap metal and a
        historic increase in the price of metal commodities.
            (2) Theft of metal components is jeopardizing the integrity
        of critical infrastructure in the United States through theft
        of metal in transportation, electrical, and telecommunications
        networks.
            (3) Theft of manhole covers, storm water grates, highway
        guard rails, railroad tracks, automobile components, and street
        lamps pose a significant public safety risk.
            (4) Many State laws call on secondary metal recyclers to
        help deter this crime and assist law enforcement by documenting
        transactions and collecting information in order to identify
        the sellers of scrap metal and the material they are selling.
        These laws have been a significant deterrent to the problem of
        metal theft.
            (5) Although many States have enacted metal theft laws,
        metal theft is a nationwide crime that crosses state lines.
            (6) An overarching Federal law is necessary to deter metal
        theft across the country.
            (7) Combating the problem of metal theft will require
        improved communications between metal businesses and law
        enforcement agencies.
            (8) The secondary metal recycling industry should be
        commended for educating the public and law enforcement to the
        problems related to metal theft, issuing ``Do Not Buy'' lists,
        partnering with the National Crime Prevention Council, and
        creating a Theft Alert System.

SEC. 3. SENSE OF THE CONGRESS.

    It is the sense of the Congress that Federal, State, and local
government agencies should work with representatives of the secondary
metal recycling industry to develop and improve effective
countermeasures to combat the theft and sale of stolen secondary metal.

SEC. 4. PURPOSES.

    The purposes of this Act are--
            (1) to protect consumers, businesses, critical
        infrastructure, and State and local governments from the
        problem of secondary metal theft;
            (2) to regulate interstate commerce by limiting trafficking
        in stolen secondary metal sold for the purpose of recycling or
        reuse;
            (3) to permit legitimate secondary metal transactions to
        continue to take place; and
            (4) to establish a system to document secondary metal
        transactions between sellers and buyers while addressing the
        growing problem of secondary metal theft.

SEC. 5. PURCHASE TRANSACTION REQUIREMENTS.

    (a) Do-not-buy List.--Unless the seller establishes by written
documentation that the seller is the owner, or an employee, agent, or
other person authorized to sell on behalf of the owner, it is unlawful
for a secondary metal recycling agent to purchase for recycling any
secondary metal that is--
            (1) marked with name, logo, or initials of a railroad, an
        electric, gas, or water company, a telephone company, cable
        company, or a public utility or that has been altered to
        remove, conceal, or obliterate such a name, logo, or initials
        through burning or cutting of wire sheathing or other means;
            (2) marked with the name of a city, county, or State
        government entity;
            (3) a street light pole or fixture;
            (4) a road or bridge guard rail;
            (5) a highway or street sign;
            (6) a water meter cover;
            (7) a storm water grate;
            (8) unused or undamaged building construction or utility
        material;
            (9) an historical marker;
            (10) a grave marker or cemetery urn or vase;
            (11) a utility access cover; or
            (12) a bulk container for beer with a capacity of 7.75
        gallons or more.
    (b) Record Keeping.--
            (1) In general.--A secondary metal recycling agent shall
        maintain a written or electronic record of each secondary metal
        purchase. The record shall include--
                    (A) the agent's name and address;
                    (B) the date of the transaction;
                    (C) a description of the secondary metal purchased,
                including--
                            (i) a general physical description;
                            (ii) a product description, such as wire,
                        tubing, extrusions, casting, or other kind of
                        product; and
                            (iii) the weight, quantity, or volume
                        purchased;
                    (D) the amount paid by the agent;
                    (E) the name and address of the person to which the
                payment was made;
                    (F) the name of the person delivering the secondary
                metal to the agent, including a distinctive number from
                a Federal or State government-issued photo
                identification card and a description of the type of
                the identification; and
                    (G) the license tag number, State-of-issue, make,
                and model, if available, of the vehicle used to deliver
                the secondary metal to the agent.
            (2) Repeat sellers.--A secondary metal recycling agent may
        comply with the requirements of paragraph (1) with respect to
        the second or a subsequent purchase of secondary metal from the
        same person by--
                    (A) reference to the existing record relating to
                the seller; and
                    (B) recording any information for the transaction
                that is different from the existing record for that
                person.
            (3) Record retention period.--A secondary metal recycling
        agent shall maintain any record required by this subsection for
        not less than 2 years from the date of the transaction to which
        the record relates.
    (c) Purchases in Excess of $75.--
            (1) In general.--A secondary metal recycling agent may not
        pay cash for a single purchase of secondary metal in excess of
        $75. For purposes of this paragraph, more than 1 purchase in
        any 48-hour period from the same seller shall be considered to
        be a single purchase.
            (2) Payment method.--
                    (A) Occasional sellers.--Except as provided in
                subparagraph (B), for any purchase of secondary metal
                in excess of $75 a secondary metal recycling agent
                shall make payment by check that--
                            (i) is payable to the seller; and
                            (ii) includes the name and address of the
                        seller.
                    (B) Established commercial transactions.--A
                secondary metal recycling agent may make payments for
                purchases of secondary metal in excess of $75 from a
                governmental or commercial supplier of secondary metal
                with which the agent has an established commercial
                relationship by electronic funds transfer or other
                established commercial transaction payment method
                through a commercial bank if the agent maintains a
                written record of such payments that identifies the
                seller, the amount paid, and the date of the purchase.
    (d) Public Notice Requirement.--A secondary metal recycling agent
shall display, at its principal place of business and at any site at
which secondary metal is accepted by or for the agent, a printed notice
advising the public that the sale of stolen secondary metal is
prohibited under Federal and State laws.

SEC. 6. PROTECTION OF PERSONAL INFORMATION.

    (a) In General.--A secondary metal recycling agent or the agent,
employee, or representative of a secondary metal recycling agent may
not disclose the identity of any person from which the agent purchases
secondary metal without the consent of the seller except in response to
a request from a law enforcement agency or judicial process.
    (b) Safeguards.--A secondary metal recycling agent shall implement
reasonable safeguards--
            (1) to protect the security of information required under
        section 5(b)(1) maintained by that agent; and
            (2) to prevent unauthorized access to or disclosure of that
        information.
    (c) Limits on Liability.--A secondary metal recycling agency shall
not be liable to any seller for a disclosure of information required
under section 5(b)(1) if the secondary metal recycling agent has met
the requirements of subsection (b) of this section.

SEC. 7. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) In General.--Violation of any provision of this Act shall be
treated as a violation of a rule under section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices. The Federal Trade Commission shall enforce this Act in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this Act.
    (b) Regulations.--
            (1) In general.--The Commission may promulgate such
        regulations as it finds necessary or appropriate under this
        Act.
            (2) Initial guidance.--Within 6 months after the date of
        enactment of this Act, the Commission shall promulgate a final
        rule--
                    (A) setting forth the minimum requirements for the
                documentation required by section 5(a);
                    (B) establishing criteria for record retention
                under section 5(b)(3);
                    (C) establishing requirements for treatment of a
                seller as a governmental or commercial supplier with an
                established commercial relationship under section
                5(c)(2)(B);
                    (D) establishing public notice requirements under
                section 5(d); and
                    (E) establishing criteria for safeguards under
                section 6(b).

SEC. 8. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

    (a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce the provisions of this Act whenever the
attorney general of the State has reason to believe that the interests
of the residents of the State have been or are being threatened or
adversely affected by the violation of this Act or a regulation under
this Act by a secondary metal recycling agent doing business in that
State.
    (b) Notice.--
            (1) Notice required.--At least 30 days before filing an
        action under subsection (a), the attorney general of the State
        involved shall provide to the Federal Trade Commission--
                    (A) written notice of the action; and
                    (B) a copy of the complaint for the action.
            (2) Authorization to proceed.--The State may bring the
        action if it does not receive a request from the Federal Trade
        Commission, within 30 days after the Commission receives the
        notice, not to proceed with its action.
    (c) Federal Proceedings.--After receiving notice under subsection
(b), the Commission may--
            (1) request that the State not proceed with the action
        pending the final disposition of a pending Federal proceeding
        or action;
            (2) initiate an action in the appropriate United States
        district court and move to consolidate all pending actions,
        including State actions, in such court;
            (3) intervene in the action brought under subsection (a);
        or
            (4) file petitions for appeal of a decision in such action.
    (c) Pending Federal Proceedings.--If the Federal Trade Commission
has instituted an enforcement action against a secondary metal
recycling agent for a violation of this Act or any regulation under
this Act, a State may not bring an action, during the pendency of the
Commission's enforcement action, under this section against that
secondary metal recycling agent for any violation alleged in the
Commission's enforcement action.
    (d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section regarding notification shall be
construed to prevent the attorney general of a State from exercising
the powers conferred on such attorney general by the laws of that State
to--
            (1) conduct investigations;
            (2) administer oaths or affirmations; or
            (3) compel the attendance of witnesses or the production of
        documentary and other evidence.
    (e) Venue; Service of Process.--
            (1) Venue.--Any action brought under subsection (a) may be
        brought in--
                    (A) the district court of the United States that
                meets applicable requirements relating to venue under
                section 1391 of title 28, United States Code; or
                    (B) another court of competent jurisdiction.
            (2) Service of process.--In an action brought under
        subsection (a), process may be served in any district in which
        the defendant--
                    (A) is an inhabitant; or
                    (B) may be found.

SEC. 9. CIVIL PENALTY.

    The knowing violation of any provision of this Act is punishable by
a civil penalty of not to exceed $10,000.

SEC. 10. STATE AND LOCAL LAW NOT PREEMPTED.

    Nothing in this Act preempts any State or local law regulating the
sale or purchase of secondary metal.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Secondary metal.--The term ``secondary metal'' means--
                    (A) wire or cable commonly used by communications
                and electrical utilities; and
                    (B) copper, aluminum, or other metal (including any
                metal combined with other materials) that is valuable
                for recycling or reuse as raw metal.
            (2) Secondary metal recycling agent.--The term ``secondary
        metal recycling agent'' means any person engaged in the
        business of purchasing secondary metal for reuse or recycling,
        without regard to whether that person is engaged in the
        business of recycling or otherwise processing the purchased
        secondary metal for reuse.

SEC. 12. EFFECTIVE DATE.

    Except as required by section 7(b)(2), this Act shall take effect 6
months after the date of enactment.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Select Agent
Program and Biosafety Improvement Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
             TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION

Sec. 101. Reauthorization of select agent program.
Sec. 102. Select agent program review.
Sec. 103. Revision of the list of biological agents and toxins.
Sec. 104. Sharing information with trusted state partners.
Sec. 105. Improvements to inventorying and monitoring of agents.
Sec. 106. Smallpox definition clarification.
Sec. 107. Plan for surge in samples of biological agents and toxins.
                    TITLE II--BIOSAFETY IMPROVEMENTS

Sec. 201. Improvement of oversight of biocontainment laboratories.
Sec. 202. Improvement of training for laboratory personnel.
Sec. 203. Biological laboratory incident reporting system.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Centers for Disease Control and Prevention
        regulates the possession, use, and transfer of select agents
        and toxins that have the potential to pose a severe threat to
        public health and safety.
            (2) The Animal and Plant Health Inspection Service
        regulates the possession, use, and transfer of select agents
        and toxins that have the potential to pose a severe threat to
        animal or plant health, or to animal or plant products.
            (3) As of April 2008, there are 72 select agents and
        toxins, 13 of which are found naturally in the United States.
            (4) As of April 2008, there are 325 entities registered
        with the Centers for Disease Control and Prevention to work
        with select agents and toxins and 75 entities registered with
        the Animal and Plant Health Inspection Service. There are 9,918
        individuals approved to work with select agents and toxins
        through the Centers for Disease Control and Prevention and
        4,336 through the Animal and Plant Health Inspection Service.
            (5) Biocontainment laboratories are used by scientists to
        study infectious materials safely and effectively. Laboratory
        biological research is categorized by the safety level at which
        it is performed. There are 4 safety levels, termed Biosafety
        Level (BSL) 1 through 4.

             TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION

SEC. 101. REAUTHORIZATION OF SELECT AGENT PROGRAM.

    (a) Reauthorization of Select Agent Program.--
            (1) Amendment to the public health service act.--Section
        351A(m) of the Public Health Service Act (42 U.S.C. 262a(m)) is
        amended by striking ``2002 through 2007'' and inserting ``2009
        through 2013''.
            (2) Amendment to the agricultural bioterrorism protection
        act of 2002.--Section 212(m) of the Agricultural Bioterrorism
        Protection Act of 2002 (7 U.S.C. 8401(m)) is amended by
        striking ``2002 through 2007'' and inserting ``2009 through
        2013''.
    (b) Appropriate Training.--
            (1) Amendment to the public health service act.--Section
        351A(e)(2)(A) of the Public Health Service Act (42 U.S.C.
        262a(e)(2)(A)) is amended by inserting ``, and appropriate
        training,'' after ``have a legitimate need''.
            (2) Amendment to the agricultural bioterrorism protection
        act of 2002.--Section 212(e)(2)(A) of the Agricultural
        Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(e)(2)(A)) is
        amended by inserting ``, and appropriate training,'' after
        ``have a legitimate need''.
    (c) Covered Agencies.--
            (1) Amendment to the public health service act.--Section
        351A(h)(2)(A) (42 U.S.C. 262a(h)(2)(A)) of the Public Health
        Service Act is amended by inserting ``the Department of
        Homeland Security,'' after ``the Department of Agriculture,''.
            (2) Amendment to the agricultural bioterrorism protection
        act of 2002.--Section 212(h)(2)(A) of the Agricultural
        Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(2)(A)) is
        amended by inserting ``the Department of Homeland Security,''
        after ``the Department of Agriculture,''.

SEC. 102. SELECT AGENT PROGRAM REVIEW.

    (a) In General.--The Secretary of Health and Human Services, in
consultation with the Secretary of Agriculture, shall enter into a
contract with the National Academy of Sciences to conduct a review of
the select agent program under section 351A of the Public Health
Service Act (42 U.S.C. 262a) and section 212 of the Agricultural
Bioterrorism Protection Act of 2002 (7 U.S.C. 8401). Such review shall
focus on--
            (1) the extent to which the program has enhanced
        biosecurity and biosafety in the United States;
            (2) the effects of the program on--
                    (A) international scientific collaboration; and
                    (B) scientific advances in the United States; and
            (3) other issues as requested by the Secretary of Health
        and Human Services and the Secretary of Agriculture.
    (b) Report; Recommendations.--Not later than 240 days after the
date of enactment of this Act, the National Academy of Sciences shall
submit a report to the Secretary of Health and Human Services, the
Secretary of Agriculture, the Committee on Health, Education, Labor,
and Pensions of the Senate, the Committee on Energy and Commerce of the
House of Representatives, and other congressional committees of
relevant interest, on the results of the review conducted under
subsection (a). Such report shall include recommendations for improving
the structure of the select agent program for--
            (1) enhancing the biosecurity and biosafety of the United
        States;
            (2) eliminating or reducing adverse effects of the program,
        if any, on--
                    (A) international scientific collaboration; and
                    (B) scientific advances in the United States; and
            (3) other issues as requested by the Secretary of Health
        and Human Services and the Secretary of Agriculture.

SEC. 103. REVISION OF THE LIST OF BIOLOGICAL AGENTS AND TOXINS.

    (a) Amendment to the Public Health Service Act.--Section
351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C.
262a(a)(1)(B)(i)) is amended--
            (1) in subclause (III), by striking ``; and'' and inserting
        a semicolon;
            (2) by redesignating subclause (IV) as subclause (VII); and
            (3) by inserting after subclause (III) the following:
                                    ``(IV) whether the agent or toxin
                                is endemic to the United States, as
                                defined by the Secretary;
                                    ``(V) information available from
                                biological risk assessments conducted
                                by the Department of Homeland Security;
                                    ``(VI) newly discovered agents of
                                disease, including genetically modified
                                organisms or agents created
                                synthetically; and''.
    (b) Amendment to the Agricultural Bioterrorism Protection Act of
2002.--Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended--
            (1) in subclause (III), by striking ``; and'' and inserting
        a semicolon;
            (2) by redesignating subclause (IV) as subclause (VII); and
            (3) by inserting after subclause (III) the following:
                                    ``(IV) whether the agent or toxin
                                is endemic to the United States, as
                                defined by the Secretary;
                                    ``(V) information available from
                                biological risk assessments conducted
                                by the Department of Homeland Security;
                                    ``(VI) newly discovered agents of
                                disease, including genetically modified
                                organisms or agents created
                                synthetically; and''.
    (c) Rule of Construction.--The amendments made by subsections (a)
and (b) shall not be construed to preclude the listing of a biological
agent or toxin that is endemic to the United States.

SEC. 104. SHARING INFORMATION WITH TRUSTED STATE PARTNERS.

    (a) Amendment to the Public Health Service Act.--Section 351A(h)(5)
of the Public Health Service Act (42 U.S.C. 262a(h)(5)) is amended--
            (1) in subparagraph (A), by striking ``; or'' and inserting
        a semicolon;
            (2) in subparagraph (B), by striking the period and
        inserting ``; or''; and
            (3) by inserting at the end the following:
                    ``(C) to withhold information regarding a State
                that will assist with the State's emergency
                preparedness planning from the health director (or
                equivalent State official) of such State, if such State
                has in place a law to protect against the further
                release of such information as determined by the
                Secretary.''.
    (b) Amendment to the Agricultural Bioterrorism Protection Act of
2002.--Section 212(h)(5) of the Agricultural Bioterrorism Protection
Act of 2002 (7 U.S.C. 8401(h)(5)) is amended--
            (1) in subparagraph (A), by striking ``; or'' and inserting
        a semicolon;
            (2) in subparagraph (B), by striking the period and
        inserting ``; or''; and
            (3) by inserting at the end the following:
                    ``(C) to withhold information regarding a State
                that will assist with the State's emergency
                preparedness planning from an elected or appointed
                senior State agricultural official or equivalent State
                official (such as a State veterinarian or a State plant
                health regulatory official) of such State, if such
                State has in place a law to protect against the further
                release of such information as determined by the
                Secretary.''.

SEC. 105. IMPROVEMENTS TO INVENTORYING AND MONITORING OF AGENTS.

    (a) Improved Method to Inventory and Monitor Listed Biological
Agents.--Not later than 180 days after enactment of this Act, the
Secretary of Health and Human Services, in coordination with the
Secretary of Agriculture, and in consultation with individuals with
appropriate scientific expertise, shall issue guidance on inventorying
and monitoring the biological agents listed under section 351A(a)(1) of
the Public Health Service Act (42 U.S.C. 262a(a)(1)) and the biological
agents listed under section 212(a)(1) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401(a)(1)).
    (b) Considerations.--In issuing the guidance under subsection (a),
the Secretaries shall consider--
            (1) the effectiveness of measures to inventory and monitor
        listed biological agents that can propagate relative to the
        burden of these measures on laboratory personnel;
            (2) qualitative and quantitative control procedures for
        such listed agents, rather than only quantitative control
        procedures; and
            (3) in what situations registered persons are required to
        keep inventory records.

SEC. 106. SMALLPOX DEFINITION CLARIFICATION.

    Not later than 90 days after the date of enactment of this Act, the
Attorney General, in coordination with the Secretary of Health and
Human Services, shall issue public guidance regarding how the Attorney
General interprets the scope of the statutory definition of ``variola
virus'' in section 175c of title 18, United States Code.

SEC. 107. PLAN FOR SURGE IN SAMPLES OF BIOLOGICAL AGENTS AND TOXINS.

    The Secretary of Health and Human Services, in coordination with
the Secretary of Agriculture and State officials, shall develop and
disseminate guidelines for how laboratories and laboratory personnel
that do not regularly test for listed agents and toxins (as such terms
are defined in section 351A of the Public Health Service Act (42 U.S.C.
262a) and section 212 of the Agricultural Bioterrorism Protection Act
of 2002 (7 U.S.C. 8401)) may be rapidly accessed and utilized during
emergencies in which laboratories and laboratory personnel that
regularly test for such agents and toxins are overwhelmed by a surge of
samples of such listed agents and toxins.

                    TITLE II--BIOSAFETY IMPROVEMENTS

SEC. 201. IMPROVEMENT OF OVERSIGHT OF BIOCONTAINMENT LABORATORIES.

    (a) Definition.--For purposes of this section, the term ``high
containment biological laboratory'' means a laboratory that has
Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the
Secretary of Health and Human Services and the Secretary of
Agriculture.
    (b) Evaluation.--The Secretary of Health and Human Services, in
coordination with the Secretary of Agriculture, and in consultation
with the Secretary of Defense and the Secretary of Homeland Security
(referred to in this section as the ``Secretaries'') shall, either
directly or through a contract, evaluate national needs of, and
oversight of, high containment biological laboratories.
    (c) Considerations.--In conducting the evaluation under subsection
(b), the Secretaries shall consider--
            (1) whether the construction of high containment biological
        laboratories that are in existence or planned as of the date of
        enactment of this Act, is likely to provide sufficient capacity
        for the needs of Government biodefense and infectious disease
        research;
            (2) how laboratory capacity and lessons learned can be best
        shared across the biodefense and infectious disease research
        communities, domestically and internationally;
            (3) whether guidance on laboratory infrastructure,
        commissioning, operation, and maintenance of such laboratories
        is adequate, and if such guidance is found to be inadequate,
        how to improve and streamline such guidance; and
            (4) ways to improve and streamline the training of the
        personnel of such laboratories, including recommendations
        regarding the minimum standards for laboratory biosafety and
        biosecurity training under section 202.
    (d) Report to Congress.--Not later than 240 days after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report on the findings and recommendations from
the evaluation under this section.

SEC. 202. IMPROVEMENT OF TRAINING FOR LABORATORY PERSONNEL.

    (a) Definition.--For purposes of this section, the term ``high
containment biological laboratory'' means a laboratory that has
Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the
Secretary of Health and Human Services and the Secretary of
Agriculture.
    (b) Development of Minimum Standards.--The Secretary of Health and
Human Services, acting through the Director of the Centers for Disease
Control and Prevention and the Director of the National Institutes of
Health, and in coordination with the Secretary of Agriculture and
scientific experts representing appropriate professional groups and
international health organizations, shall develop minimum standards for
laboratory biosafety and biosecurity training for relevant personnel of
high containment biological laboratories. In developing such standards,
the Secretary of Health and Human Services shall consider existing
laboratory guidelines and training modules.
    (c) Requirement for Approval.--A person may not register with the
Secretary of Health and Human Services or the Secretary of Agriculture
for the possession, use, or transfer of listed agents in accordance
with section 351A of the Public Health Service Act (42 U.S.C. 262a) and
section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7
U.S.C. 8401) unless the person provides to its appropriate personnel
biosafety and biosecurity training that meets the minimum standards
under subsection (b) in addition to any other requirements determined
appropriate by the Secretary of Health and Human Services or the
Secretary of Agriculture.
    (d) Dissemination.--The Secretary of Health and Human Services, in
coordination with the Secretary of Agriculture, may disseminate the
minimum standards under subsection (b) for voluntary use, such as when
use is not required under subsection (b), in laboratories and academic
programs in the United States and in other countries.

SEC. 203. BIOLOGICAL LABORATORY INCIDENT REPORTING SYSTEM.

    (a) In General.--The Secretary of Health and Human Services, in
coordination with the Secretary of Agriculture, (referred to in this
section as the ``Secretaries'') shall establish an integrated
Biological Laboratory Incident Reporting System through which personnel
of biological laboratories may voluntarily report biosafety or
biosecurity incidents of concern and the Secretaries may identify
trends in such incidents and protocols for biosafety or biosecurity
improvements. In developing such reporting system, the Secretaries
shall consider options for integrating existing voluntary and required
reporting mechanisms.
    (b) Functions.--In implementing the reporting system under
subsection (a), the Secretaries shall enter into a contract with a
public or private entity that does not regulate biological laboratories
to administer the reporting system. Such entity shall--
            (1) receive and process incident reports;
            (2) analyze, interpret incident data, and identify incident
        trends;
            (3) issue alert messages within an appropriate time period;
            (4) disseminate reports and other appropriate information,
        which shall not include facility-specific information;
            (5) not have authority to direct corrective action or to
        initiate enforcement action;
            (6) ensure anonymity of individuals reporting to the
        system, to the extent permitted by law; and
            (7) conduct other activities as requested by the
        Secretaries.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Simple Universal
Healthcare Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Citizens Congressional Health Benefits Program
                            (CCHBP).
Sec. 3. Contracts with entities to offer qualified CCHBP health plans.
Sec. 4. Scope of benefits and coverage.
Sec. 5. Eligibility.
Sec. 6. Enrollment.
Sec. 7. Premiums.
Sec. 8. High-risk reinsurance fund.
Sec. 9. Definitions.
Sec. 10. Effective date and treatment of collective bargaining
                            agreements.

SEC. 2. ESTABLISHMENT OF CITIZENS CONGRESSIONAL HEALTH BENEFITS PROGRAM
              (CCHBP).

    (a) In General.--The Director of the Office of Personnel Management
shall establish a program (to be known as the ``Citizen's Congressional
Health Benefits Program'') to provide comprehensive health insurance
coverage to--
            (1) Federal elected officials (including the President,
        Vice President, and Members of Congress); and
            (2) residents of the United States who are not covered
        under the Federal Employees Health Benefits Program (FEHBP).
    (b) Similar to FEHBP.--The coverage shall be provided in a manner
similar to the manner in which coverage has been provided to Members of
Congress and Federal Government employees and retirees and their
dependents under the Federal Employees Health Benefits Program (FEHBP).

SEC. 3. CONTRACTS WITH ENTITIES TO OFFER QUALIFIED CCHBP HEALTH PLANS.

    (a) In General.--The Director shall enter into contracts with
entities for the offering of qualified CCHBP health plans in accordance
with this Act. Such contracts shall be entered into in a manner similar
to the process by which the Director is authorized to enter into
contracts with entities offering health benefits plans under FEHBP.
    (b) Requirements for Entities Offering Plans.--The Director may
only enter into a contract under subsection (a) with an entity that
is--
            (1) licensed--
                    (A) as a health maintenance organization in the
                State in which the entity will offer the qualified
                CCHBP health plan; or
                    (B) to sell group health insurance coverage in such
                State;
            (2) meets such requirements, similar to requirements under
        FEHBP, as the Director may establish, relating to solvency,
        adequacy of plan benefits (subject to section 4), organization,
        structure, governance, access, and quality; and
            (3) agrees to participate in the high-risk reinsurance fund
        described in section 8.
    (c) FEHBP Plans.--Any health plan offered under FEHBP shall be
treated as a qualified CCHBP health plan for purposes of this Act.
    (d) Preemption of State Law.--The requirements of section 4, with
respect to the scope and type of benefits required to be provided by a
CCHBP health plan, shall supersede any and all State laws.

SEC. 4. SCOPE OF BENEFITS AND COVERAGE.

    (a) Comprehensive Benefits.--
            (1) In general.--Subject to paragraph (2), qualified CCHBP
        health plans shall provide for the same scope and type of
        benefits that are provided under FEHBP, including--
                    (A) the types of benefits described in section 8904
                of title 5, United States Code; and
                    (B) benefits required by regulation or guidance
                under FEHBP.
            (2) Preventive benefits and mental health parity.--
        Qualified CCHBP health plans shall provide a minimum level of
        preventive benefits determined by the Director, in consultation
        with the U.S. Preventive Service Task Force, which shall
        include vaccines for both children and adults, an annual
        physical, cancer screening (including mammographies for women
        of an appropriate age), and mental health parity.
    (b) No Exclusion for Pre-Existing Conditions.--Subject to section
6(b)(2), qualified CCHBP health plans shall not impose pre-existing
condition exclusions or otherwise discriminate against any individual
based on the health status of such individual (including genetic
information relating to such enrollee, or any disease or condition).
    (c) Annual and Lifetime Out-Of-Pocket Limit Information.--An entity
offering a qualified CCHBP health plan must provide notice to any
individual covered by such plan of any benefit or service that is not
included in the calculation of the annual or lifetime out-of-pocket
limit under such plan.

SEC. 5. ELIGIBILITY.

    (a) In General.--An individual is eligible to enroll in a qualified
CCHBP health plan if--
            (1) the individual resides in the United States; and
            (2) the individual is--
                    (A) a citizen or national of the United States;
                    (B) an alien lawfully admitted to the United States
                for permanent residence;
                    (C) an alien admitted into the United States under
                section 207 of the Immigration and Nationality Act
                (relating to refugees);
                    (D) an alien otherwise permanently residing in the
                United States under color of law (as specified by the
                Director); or
                    (E) an alien with the status of a nonimmigrant who
                is within a class of long-term nonimmigrants under
                section 101(a)(15) of the Immigration and Nationality
                Act that the Director determines, in consultation with
                the Secretary of Homeland Security, to be appropriate.
    (b) Exceptions.--The following individuals are not eligible to
enroll in a qualified CCHBP health plan:
            (1) Individuals enrolled under public health insurance
        programs.--An individual who is enrolled under the Federal
        employees health benefits program under chapter 89 of title 5,
        United States Code (except for a member of Congress, as defined
        by section 2106 of title 5, United States Code; or the
        President); the Medicare program under title XVIII of the
        Social Security Act; the Medicaid program under title XIX of
        such Act; the Children's Health Insurance Program under title
        XXI of such Act; or Tricare under chapter 55 of title 10,
        United States Code.
            (2) Incarcerated individuals.--An individual who is
        incarcerated (as specified by the Director).
    (c) Treatment of Elected Officials.--A member of Congress (as
defined under section 2106 of title 5, United States Code) or the
President may enroll in either a qualified CCHBP health plan under this
Act or an FEHBP plan under title 5, United States Code, but may not be
enrolled in both types of plans at the same time.
    (d) Confirmation of Immigration Status.--The Director, in
consultation with each entity offering a qualified CCHBP plan, shall
promulgate regulations for the use of the automated system known as the
Systematic Alien Verification for Entitlements, as provided for by
section 404 of the Illegal Immigrations Reform and Immigrant
Responsibility Act of 1996 (110 Stat. 3009-664) to verify the legal
presence of the status of an individual, other than a United States
citizen, who seeks to enroll in a qualified CCHBP plan.
    (e) Employer Option.--
            (1) In general.--An employer may choose to participate in
        CCHBP and offer qualified CCHBP health plans to employees of
        such employer as employer-sponsored health insurance.
            (2) Notice.--The employer shall inform the Director that
        the employer is taking such option in a form and manner
        determined by the Director.
            (3) Maintenance of effort required.--An employer who
        provides notice under paragraph (2) must pay the percentage of
        the cost of the premium, as determined under section 7, for
        each employee that enrolls in a qualified CCHBP health plan,
        that is the same as the percentage of the cost of the premium
        of the health insurance plan that such employer offered to its
        employees before the employer provided notice under paragraph
        (2).
            (4) Tax treatment.--For purposes of the Internal Revenue
        Code of 1986, a qualified CCHBP health plan offered by an
        employer under this subsection shall not fail to be treated as
        employer-provided coverage solely because such employer
        provides such plan through the CCHBP.

SEC. 6. ENROLLMENT.

    (a) Enrollment Process.--The Director shall establish a process to
enroll eligible individuals and their families in qualified CCHBP
health plans. Such process shall be conducted in a manner that is
similar to the manner enrollment is conducted under FEHBP. To the
extent consistent with eligibility under section 3, the Director shall
provide rules similar to the rules under FEHBP for the enrollment of
family members who are CCHBP-eligible individuals in the same plan.
    (b) Enrollment Period.--
            (1) Enrollment upon initial eligibility.--
                    (A) In general.--An eligible individual may enroll
                in a qualified CCHBP health plan--
                            (i) at any time during the 1-year period
                        beginning on the date that the Citizen's
                        Congressional Health Benefits Program begins to
                        operate; or, if later,
                            (ii) at any time during the 3-month period
                        beginning on the date that such individual
                        becomes eligible to enroll in any qualified
                        CCHBP health plan.
                    (B) Treatment of preexisting conditions.--An
                individual who enrolls during the periods under
                paragraph (1) shall not be subject to exclusions or
                additional costs due to any preexisting conditions that
                such individual developed before the date such
                individual enrolled in a qualified CCHBP plan.
            (2) Annual enrollment.--
                    (A) In general.--An eligible individual who does
                not enroll in a qualified CCHBP health plan under
                paragraph (1) may enroll in such a plan during an
                annual enrollment period of not more than 1 month, as
                determined by the Director.
                    (B) Treatment of preexisting conditions.--Subject
                to rules developed by the Director, the entity offering
                the qualified CCHBP health plan may exclude such
                individual from enrolling in such a plan under this
                paragraph due to any preexisting condition which such
                individual develops before the date of such annual
                enrollment period. Upon excluding such individual, the
                entity offering the qualified CCHBP health plan shall
                provide such individual with notice of such exclusion
                and information about enrolling in a high risk pool.
    (c) Changes in Enrollment.--The Director shall establish enrollment
procedures that include an annual open season of at least 1 month and
permit changes in enrollment with qualified health plans at other times
(such as by reason of changes in marital or dependent status or
eligibility). Such procedures shall be based on the enrollment
procedures established under FEHBP. The Director shall provide for
termination of such enrollment for an individual at the time the
individual is no longer an eligible individual.
    (d) Enrollment of Employees.--Notwithstanding subsection (b)(2),
the employees of an employer that provides notice to the Director under
section 5(e)(2) may enroll in a qualified CCHBP health plan during
either the 3-month period beginning on the date that such employer
provides such notice or the 3-month period beginning on the date that
such employee begins working for such employer, whichever is later.
Such employee shall not be subject to any costs related to such
employee's pre-existing conditions if so enrolled during such period.
    (e) Enrollment Guides.--The Director shall provide for the broad
dissemination of information on qualified CCHBP health plans offered
under this title. Such information shall be provided in a comparative
manner, similar to that used under FEHBP, and shall include
information, collected through surveys of enrollees, on measures of
enrollee satisfaction with the different plans.

SEC. 7. PREMIUMS.

    The premiums established for a qualified CCHBP health plan under
this Act for individual or family coverage--
            (1) based on the rating system used under FEHBP; and
            (2) shall not vary based on age, gender, health status
        (including genetic information), or other factors.

SEC. 8. HIGH-RISK REINSURANCE FUND.

    The Director shall establish an arrangement among the entities
offering qualified health plans under which such entities contribute in
an equitable manner (as determined by the Director) into a fund that
provides payment to plans for a percentage (specified by the Director
and not to exceed 90 percent) of the costs that they incur for
enrollees beyond a predetermined threshold specified by the Director.
Such fund shall be funded exclusively by such entities.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``CCHBP-eligible individual'' means an
        individual described in section 5.
            (2) The term ``Director'' means the Director of the Office
        of Personnel Management.
            (3) The term ``FEHBP'' means the program under chapter 89
        of title 5, United States Code.
            (4) The term ``qualified CCHBP health plan'' means a fee-
        for-service plan, health maintenance organization plan, high
        deductible health insurance plan, or other health insurance
        plan that meets the requirements for a health insurance plan
        under FEHBP and is offered through the CCHBP under this Act by
        an entity that is qualified to offer such plans.

SEC. 10. EFFECTIVE DATE AND TREATMENT OF COLLECTIVE BARGAINING
              AGREEMENTS.

    (a) Effective Date.--Benefits shall first be made available under
this title for items and services furnished on or after the last day of
the 9-month period beginning on the date of the enactment of this Act.
    (b) Non-Preemption of Existing Collective Bargaining Agreements.--
Nothing in this Act shall be construed as preempting any collective
bargaining agreement that is in effect as of the date of the enactment
of this Act, during the period in which such agreement is in effect
(without regard to any extension of such agreement effected as of such
date of enactment).


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Special Needs
Trust Fairness and Medicaid Improvement Act''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Fairness in Medicaid supplemental needs trusts.
Sec. 3. Medicaid coverage of tobacco cessation services for mothers of
                            newborns.
Sec. 4. Eliminating Federal financial participation with respect to
                            expenditures under Medicaid for agents used
                            for cosmetic purposes or hair growth.
Sec. 5. Medicaid Improvement Fund.

SEC. 2. FAIRNESS IN MEDICAID SUPPLEMENTAL NEEDS TRUSTS.

    (a) In General.--Section 1917(d)(4)(A) of the Social Security Act
(42 U.S.C. 1396p(d)(4)(A)) is amended by inserting ``the individual,''
after ``for the benefit of such individual by''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to trusts established on or after the date of the enactment of
this Act.

SEC. 3. MEDICAID COVERAGE OF TOBACCO CESSATION SERVICES FOR MOTHERS OF
              NEWBORNS.

    (a) In General.--Section 1905(bb) of the Social Security Act (42
U.S.C. 1396d(bb)) is amended by adding at the end the following new
paragraph:
    ``(4) A woman shall continue to be treated as described in this
subsection as a pregnant woman through the end of the 1-year period
beginning on the date of the birth of a child of the woman.''.
    (b) Conforming Amendments.--
            (1) Subsections (a)(2)(B) and (b)(2)(B) of section 1916 of
        the Social Security Act (42 U.S.C. 1396o) are each amended by
        inserting ``(and women described in section 1905(bb) as
        pregnant women pursuant to paragraph (4) of such section)''
        after ``tobacco cessation by pregnant women''.
            (2) Section 1927(d)(2)(F) of the Social Security Act (42
        U.S.C. 1396r-8(d)(2)(F)) is amended by inserting ``(and women
        described in section 1905(bb) as pregnant women pursuant to
        paragraph (4) of such section)'' after ``pregnant women''.
    (c) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments
        made by this section shall apply with respect to items and
        services furnished on or after the date that is 2 years after
        the date of the enactment of this Act.
            (2) Exception for state legislation.--In the case of a
        State plan under title XIX of the Social Security Act, which
        the Secretary of Health and Human Services determines requires
        State legislation in order for the plan to meet any requirement
        imposed by amendments made by this section, the plan shall not
        be regarded as failing to comply with the requirements of such
        title solely on the basis of its failure to meet such an
        additional requirement before the first day of the first
        calendar quarter beginning after the close of the first regular
        session of the State legislature that begins after the
        effective date specified in paragraph (1). For purposes of the
        previous sentence, in the case of a State that has a 2-year
        legislative session, each year of the session shall be
        considered to be a separate regular session of the State
        legislature.
    (d) Report.--Not later than 2 years after the date of the enactment
of this Act, the Inspector General of the Department of Health and
Human Services shall submit to Congress a report that assesses the use
of the tobacco cessation service benefit under the Medicaid program.
Such report shall include an assessment of--
            (1) the extent that States are encouraging the use of such
        benefit, such as through promotion of beneficiary and provider
        awareness of such benefit; and
            (2) gaps in the delivery of such benefit.

SEC. 4. ELIMINATING FEDERAL FINANCIAL PARTICIPATION WITH RESPECT TO
              EXPENDITURES UNDER MEDICAID FOR AGENTS USED FOR COSMETIC
              PURPOSES OR HAIR GROWTH.

    (a) In General.--Section 1903(i)(21) of the Social Security Act (42
U.S.C. 1396b(i)(21)) is amended by inserting ``section 1927(d)(2)(C)
(relating to drugs when used for cosmetic purposes or hair growth),
except where medically necessary, and'' after ``drugs described in''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to calendar quarters beginning on or after the date
of the enactment of this Act.

SEC. 5. MEDICAID IMPROVEMENT FUND.

    Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b))
is amended--
            (1) in paragraph (2)--
                    (A) by striking ``under paragraph (1)'' and
                inserting ``under this subsection''; and
                    (B) by redesignating such paragraph as paragraph
                (3); and
            (2) by inserting after paragraph (1) the following new
        paragraph:
            ``(2) Additional funding.--In addition to any funds
        otherwise made available to the Fund, there shall be available
        to the Fund, for expenditures from the Fund--
                    ``(A) for fiscal year 2021, $10,000,000, to remain
                available until expended; and
                    ``(B) for fiscal year 2022, $14,000,000, to remain
                available until expended.''.

            Passed the House of Representatives September 20, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.