SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mandate Prevention Act of 2010''.

SEC. 2. LEGISLATION SUBJECT TO POINT OF ORDER.

    (a) In General.--Section 425(a) of the Congressional Budget Act of
1974 is amended by striking ``and'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and by inserting ``;
and'', and by adding at the end the following new paragraph:
            ``(3) Any bill, joint resolution, amendment, motion, or
        conference report that would increase the direct costs of
        Federal private sector mandates by an amount that causes the
        thresholds specified in section 424(b)(1) to be exceeded,
        unless--
                    ``(A) the bill, joint resolution, amendment,
                motion, or conference report provides new budget
                authority or new entitlement authority in the House of
                Representatives or direct spending authority in the
                Senate for each fiscal year for such mandates included
                in the bill, joint resolution, amendment, motion, or
                conference report in an amount equal to or exceeding
                the direct costs of such mandate; or
                    ``(B) the bill, joint resolution, amendment,
                motion, or conference report includes an authorization
                for appropriations in an amount equal to or exceeding
                the direct costs of such mandate, and--
                            ``(i) identifies a specific dollar amount
                        of the direct costs of such mandate for each
                        year up to 10 years during which such mandate
                        shall be in effect under the bill, joint
                        resolution, amendment, motion or conference
                        report, and such estimate is consistent with
                        the estimate determined under subsection (e)
                        for each fiscal year;
                            ``(ii) identifies any appropriation bill
                        that is expected to provide for Federal funding
                        of the direct cost referred to under clause
                        (i); and
                            ``(iii)(I) provides that for any fiscal
                        year the responsible Federal agency shall
                        determine whether there are insufficient
                        appropriations for that fiscal year to provide
                        for the direct costs under clause (i) of such
                        mandate, and shall (no later than 30 days after
                        the beginning of the fiscal year) notify the
                        appropriate authorizing committees of Congress
                        of the determination and submit either--
                                    ``(aa) a statement that the agency
                                has determined, based on a re-estimate
                                of the direct costs of such mandate,
                                after consultation with State, local,
                                and tribal governments, that the amount
                                appropriated is sufficient to pay for
                                the direct costs of such mandate; or
                                    ``(bb) legislative recommendations
                                for either implementing a less costly
                                mandate or making such mandate
                                ineffective for the fiscal year;
                            ``(II) provides for expedited procedures
                        for the consideration of the statement or
                        legislative recommendations referred to in
                        subclause (I) by Congress no later than 30 days
                        after the statement or recommendations are
                        submitted to Congress; and
                            ``(III) provides that such mandate shall--
                                    ``(aa) in the case of a statement
                                referred to in subclause (I)(aa), cease
                                to be effective 60 days after the
                                statement is submitted unless Congress
                                has approved the agency's determination
                                by joint resolution during the 60-day
                                period;
                                    ``(bb) cease to be effective 60
                                days after the date the legislative
                                recommendations of the responsible
                                Federal agency are submitted to
                                Congress under subclause (I)(bb) unless
                                Congress provides otherwise by law; or
                                    ``(cc) in the case that such
                                mandate that has not yet taken effect,
                                continue not to be effective unless
                                Congress provides otherwise by law.''.
    (b) Committee on Appropriations.--Section 425(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``or a Federal
private sector mandate'' after ``Federal intergovernmental mandate''
each place it appears.
    (c) Determinations of Federal Private Sector Mandate Levels.--
Section 425(e) of the Congressional Budget Act of 1974 is amended by
inserting ``and Federal private sector mandates'' after ``Federal
mandates''.

SEC. 3. UNFUNDED MANDATES POINT OF ORDER IN THE RULES OF THE HOUSE OF
              REPRESENTATIVES.

    Clause 11(b) of rule XVIII of the Rules of the House of
Representatives is amended by inserting before the period the
following: ``or a Federal private sector mandate the direct costs of
which exceed the threshold otherwise specified for a reported bill or
joint resolution in section 424(b)(1) of such Act''.

SEC. 4. EQUALIZATION OF THRESHOLD BETWEEN PRIVATE SECTOR AND
              INTERGOVERNMENTAL MANDATES.

    Section 424(b)(1) of the Congressional Budget Act of 1974 is
amended by striking ``$100,000,000'' and inserting ``$50,000,000''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manufacturing Advisory Council
Establishment Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Manufacturing is a critical component of the economy of
        the United States.
            (2) A strong manufacturing sector is important to
        maintaining a desirable standard of living for all United
        States citizens.
            (3) United States manufacturers can compete globally as
        long as they are not subjected to anti-competitive trade
        practices.
            (4) The United States manufacturing industry is presently
        facing many challenges, both domestic and international.
            (5) The President would benefit from regular, informed
        advice from a variety of sources within the Unites States
        manufacturing sector, including representatives of small and
        mid-sized businesses, on policies that affect manufacturing.

SEC. 3. ESTABLISHMENT.

    There is established a council to be known as the ``President's
Council of Advisors on Manufacturing''.

SEC. 4. DUTIES.

    The duties of the Council shall be--
            (1) to advise the President on policy matters affecting the
        domestic manufacturing sector;
            (2) to assist in the development of policies that will--
                    (A) reduce production costs within the
                manufacturing sector,
                    (B) promote the competitiveness of products
                manufactured in the United States in international
                markets,
                    (C) encourage innovation, investment, and
                productivity in the manufacturing sector, and
                    (D) ensure an adequate supply of skilled workers in
                the manufacturing sector; and
            (3) to assist the Secretary of Commerce in securing private
        sector involvement for Department of Commerce activities.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Council shall be composed of 25
members appointed by the President as follows:
            (1) 1 member shall be an officer or employee of the Federal
        Government.
            (2) 24 members shall be individuals who--
                    (A) are not officers or employees of the Federal
                Government;
                    (B) have expertise in manufacturing; and
                    (C) represent businesses of various sizes and
                industries within the manufacturing sector.
    (b) Continuation of Membership.--If a member was appointed to the
Council as an officer or employee of the Federal Government and the
member ceases to be an officer or employee of the Federal Government,
or was appointed to the Council because the member was not an officer
or employee of the Federal Government and later becomes an officer or
employee of the Federal Government, that member may continue as a
member for not longer than the 90-day period beginning on the date that
the member ceases to be an officer or employee of the Federal
Government, or becomes such an officer or employee, as the case may be.
    (c) Terms.--
            (1) In general.--Each member shall be appointed for a term
        of 2 years, except as provided in paragraphs (2) and (3).
            (2) Terms of initial appointees.--As designated by the
        President at the time of appointment, of the members first
        appointed--
                    (A) 8 shall be appointed for terms of 4 years;
                    (B) 8 shall be appointed for terms of 3 years;
                    (C) 8 shall be appointed for terms of 2 years; and
                    (D) the member appointed under subsection (a)(1)
                shall be appointed for a term of 2 years.
            (3) Vacancies.--Any member appointed to fill a vacancy
        occurring before the expiration of the term for which the
        member's predecessor was appointed shall be appointed only for
        the remainder of that term. A member may serve after the
        expiration of that member's term until a successor has taken
        office.
    (d) Deadline for Appointment.--The appointments of the members of
the Council shall be made no later than 90 days after the date of the
enactment of this Act.
    (e) Co-chairs.--The co-chairs of the Council shall be the member
appointed under subsection (a)(1) and one member appointed under
subsection (a)(2) who is designated by the President at the time of
appointment.
    (f) Meetings.--
            (1) First meeting.--The Council shall hold its first
        meeting on a date designated by the co-chairs which is not
        later than 30 days after the date on which all members have
        been appointed.
            (2) Subsequent meetings.--After the first meeting, the
        Council shall meet at least semi-annually upon the call of the
        co-chairs.
    (g) No Compensation for Service.--The members shall serve on the
Council without compensation.
    (h) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.

SEC. 6. POWERS OF THE COUNCIL.

    (a) Information and Advice.--As the Council finds appropriate, the
Council may seek information and advice from persons who are not
members of the Council.
    (b) Obtaining Official Data.--The Council may secure directly from
any agency of the United States information necessary to enable it to
carry out this Act. Upon the request of either co-chair, the head of
that department or agency shall furnish that information to the
Council.
    (c) Mails.--The Council may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.

SEC. 7. ADMINISTRATION.

    (a) Expenses.--Any expenses incurred by the Council shall be paid
from the funds available to the Assistant Secretary of Commerce
responsible for manufacturing and services, as determined by the
Secretary of Commerce.
    (b) Administrative Services.--The Assistant Secretary of Commerce
responsible for manufacturing and services, as determined by the
Secretary of Commerce, shall provide any administrative support
services required by the Council.

SEC. 8. NO TERMINATION.

    Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C.
App.; relating to the termination of advisory committees) shall not
apply to the Council.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Rescue Assistance Act
of 1999''.

SEC. 2. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM.

    (a) In General.--Title IV of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371 et seq.) is amended--
            (1) by redesignating sections 408 and 409 as sections 409
        and 410, respectively; and
            (2) by inserting after section 407 the following:

``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT
              PROGRAM.

    ``(a) In General.--(1) Subject to the availability of
appropriations, the Secretary shall conduct a grant program to be known
as the John H. Prescott Marine Mammal Rescue Assistance Grant Program,
to provide grants to eligible stranding network participants for the
recovery or treatment of marine mammals, the collection of data from
living or dead marine mammals for scientific research regarding marine
mammal health, and facility operation costs that are directly related
to those purposes.
    ``(2)(A) The Secretary shall ensure that, to the greatest extent
practicable, funds provided as grants under this subsection are
distributed equitably among the designated stranding regions.
    ``(B) In determining priorities among such regions, the Secretary
may consider--
            ``(i) any episodic stranding or any mortality event other
        than an event described in section 410(6), that occurred in any
        region in the preceding year; and
            ``(ii) data regarding average annual strandings and
        mortality events per region.
    ``(b) Application.--To receive a grant under this section, a
stranding network participant shall submit an application in such form
and manner as the Secretary may prescribe.
    ``(c) Advisory Group.--
            ``(1) In general.--The Secretary, in consultation with the
        Marine Mammal Commission, shall establish an advisory group in
        accordance with this subsection to advise the Secretary
        regarding the implementation of this section, including the
        award of grants under this section.
            ``(2) Membership.--The advisory group shall consist of a
        representative from each of the designated stranding regions
        and other individuals who represent public and private
        organizations that are actively involved in rescue,
        rehabilitation, release, scientific research, marine
        conservation, and forensic science regarding stranded marine
        mammals.
            ``(3) Public participation.--
                    ``(A) Meetings.--The advisory group shall--
                            ``(i) ensure that each meeting of the
                        advisory group is open to the public; and
                            ``(ii) provide, at each meeting of the
                        advisory group, an opportunity for interested
                        persons to present oral or written statements
                        concerning items on the agenda for the meeting.
                    ``(B) Notice.--The Secretary shall provide to the
                public timely notice of each meeting of the advisory
                group.
                    ``(C) Minutes.--The Secretary shall keep and make
                available to the public minutes of each meeting of the
                advisory group.
            ``(4) Exemption.--The Federal Advisory Committee Act (5
        U.S.C. App.) shall not apply to the establishment and
        activities of an advisory group in accordance with this
        subsection.
    ``(d) Limitation.--The amount of a grant under this section shall
not exceed $100,000.
    ``(e) Matching Requirement.--
            ``(1) In general.--The non-Federal share of the costs of an
        activity conducted with a grant under this section shall be 25
        percent of such costs.
            ``(2) In-kind contributions.--The Secretary may apply to
        the non-Federal share of an activity conducted with a grant
        under this section the amount of funds, and the fair market
        value of property and services, provided by non-Federal sources
        and used for the activity.
    ``(f) Administrative Expenses.--Of amounts available each fiscal
year to carry out this section, the Secretary may expend not more than
6 percent to pay the administrative expenses necessary to carry out
this section.
    ``(g) Definitions.--In this section:
            ``(1) Designated stranding region.--The term `designated
        stranding region' means a geographic region designated by the
        Secretary for purposes of administration of this title.
            ``(2) Secretary.--The term `Secretary' has the meaning
        given that term in section 3(12)(A).
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 2001 through 2003, to remain available until
expended.''.
    (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting
``(other than section 408)'' after ``title IV''.
    (c) Clerical Amendment.--The table of contents in the first section
of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended
by striking the items relating to sections 408 and 409 and inserting
the following:

``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant
                            Program.
``Sec. 409. Authorization of appropriations.
``Sec. 410. Definitions.''.

            Passed the House of Representatives September 27, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Navigation Safety Improvement
Act of 1993''.

SEC. 2. ESTABLISHMENT OF MARINE NAVIGATION SAFETY ACCOUNT.

    Section 9505 of the Internal Revenue Code of 1986 (relating to the
Harbor Maintenance Trust Fund) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by inserting ``except as
                provided in paragraph (4)'', before ``to carry out'';
                    (B) in paragraph (3), by striking the period at the
                end and inserting a comma; and
                    (C) by adding at the end the following new
                paragraph:
            ``(4) to carry out subsections (a)(3) and (c) of section
        210 of the Water Resources Development Act of 1986.''; and
            (2) by adding at the end the following new subsection:
    ``(e) Marine Navigation Safety Account.--
            ``(1) In general.--There is hereby established in the
        Harbor Maintenance Trust Fund a separate account to be known as
        the `Marine Navigation Safety Account', consisting of such
        amounts as may be transferred or credited to the account
        pursuant to this subsection or section 9602(b).
            ``(2) Transfers to account.--
                    ``(A) 1991 and 1992.--Not later than 30 days after
                the date of the enactment of the Marine Navigation
                Safety Improvement Act of 1993, the Secretary shall
                transfer to the Marine Navigation Safety Account an
                amount not to exceed the sum of--
                            ``(i) 8 percent of the amount of taxes
                        received in the Treasury under section 4461 for
                        the calendar years 1991 and 1992; and
                            ``(ii) interest on the amount referred to
                        in clause (i) for the calendar years 1991 and
                        1992, credited pursuant to section 9602(b)(3).
                    ``(B) 1993 and each subsequent year.--For calendar
                year 1993, and for each calendar year thereafter, the
                Secretary shall transfer to the Marine Navigation
                Safety Account an amount equal to the sum of--
                            ``(i) 8 percent of the amount of taxes
                        received in the Treasury pursuant to section
                        4461; and
                            ``(ii) interest on the amount referred to
                        in clause (i) for the calendar year, credited
                        pursuant to section 9602(b)(3).
            ``(3) Expenditures from account.--Amounts in the Marine
        Navigation Safety Account shall be available, as provided in
        appropriations Acts, to carry out the programs and activities
        of the National Oceanic and Atmospheric Administration of the
        Department of Commerce related to commercial marine navigation
        described in section 210(c) of the Water Resources Development
        Act of 1986.''.

SEC. 3. AMENDMENT TO THE WATER RESOURCES DEVELOPMENT ACT OF 1986.

    Section 210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph
                (1);
                    (B) by striking the period at the end of paragraph
                (2) and inserting ``; and''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(3) from the Marine Navigation Safety Account established
        under section 9505(e) of the Internal Revenue Code of 1986, to
        carry out the programs and activities of the National Oceanic
        and Atmospheric Administration of the Department of Commerce
        related to commercial marine navigation described in subsection
        (c).''; and
            (2) by adding at the end the following new subsection:
    ``(c) Commercial Marine Navigation.--The amounts authorized to be
appropriated under subsection (a)(3) shall remain available until
expended, and shall--
            ``(1) be made available to the Secretary of Commerce to
        support, either directly or by contract, the nautical charting
        and marine navigational safety programs and such other
        activities of the National Oceanic and Atmospheric
        Administration related to commercial marine navigation as the
        Secretary determines to be appropriate, including--
                    ``(A) the nautical charting program;
                    ``(B) marine tides and circulation programs;
                    ``(C) charting survey ship support; and
                    ``(D) marine weather services applicable to
                commercial navigation safety in the waters of the
                United States; and
            ``(2) be used by the Secretary of Commerce, subject to the
        following conditions:
                    ``(A)(i) Funds transferred to the Marine Navigation
                Safety Account pursuant to section 9505(e)(2)(A) of the
                Internal Revenue Code of 1986 shall be used only for
                the purposes of enabling, modernizing, enhancing, or
                expanding the capabilities of the National Oceanic and
                Atmospheric Administration to conduct the programs and
                activities referred to in paragraph (1).
                    ``(ii) No portion of the funds referred to in
                clause (i) may be used to offset funds made available
                for the purposes referred to in clause (i) through
                appropriations to the Operations, Research, and
                Facilities account of the National Oceanic and
                Atmospheric Administration.
                    ``(B)(i) Funds transferred to the Marine Navigation
                Safety Account pursuant to section 9505(e)(2)(B) of the
                Internal Revenue Code of 1986 may be used for the
                following purposes:
                            ``(I) Conducting the operational aspects of
                        the programs and activities referred to in
                        paragraph (1).
                            ``(II) Enabling, modernizing, enhancing, or
                        expanding the capabilities of the National
                        Oceanic and Atmospheric Administration to
                        conduct the programs and activities referred to
                        in paragraph (1).
                    ``(ii) Not more than 50 percent of the funds
                referred to in clause (i) may be used to offset funds
                previously made available for the purposes referred to
                in clause (i) through appropriations to the Operations,
                Research and Facilities account of the National Oceanic
                and Atmospheric Administration.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mary Jo Lawyer Spano Mesothelioma
Patient Registry Act of 2015''.

SEC. 2. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND RESEARCH.

    Title III of the Public Health Service Act is amended by inserting
after section 399V-5 of such Act (42 U.S.C. 280g-16) the following:

``SEC. 399V-6. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND
              RESEARCH.

    ``(a) In General.--The Secretary, acting through the Administrator
of the Agency for Toxic Substances and Disease Registry, shall develop
a patient registry to collect data on mesothelioma, including
information with respect to the incidence and prevalence of the disease
in the United States.
    ``(b) Uses.--The Secretary shall use the registry under subsection
(a)--
            ``(1) to enhance and expand infrastructure and activities
        for tracking the epidemiology of mesothelioma patients;
            ``(2) to collect, consolidate, and report on health
        information on patients who have been diagnosed with
        mesothelioma, including with respect to--
                    ``(A) treatment outcomes, including patient
                longevity; and
                    ``(B) the number of patients receiving treatment
                for mesothelioma disaggregated by hospital;
            ``(3) to better describe the incidence and prevalence of
        mesothelioma in the United States;
            ``(4) to facilitate further research on mesothelioma;
            ``(5) to examine factors, such as environmental and
        occupational factors, that may be associated with mesothelioma;
            ``(6) to better outline key demographic factors (such as
        age, race or ethnicity, gender, and family history) associated
        with mesothelioma; and
            ``(7) to make the information in such registry, other than
        individually identifiable information, available to the public
        to facilitate and enhance research on, and prevention and
        treatment of, mesothelioma.
    ``(c) Content.--In carrying out this section, the Secretary--
            ``(1) shall provide for the collection and storage of
        information on the incidence and prevalence of mesothelioma in
        the United States;
            ``(2) when scientifically possible, shall provide for the
        collection and storage of other available information on
        mesothelioma, such as information concerning--
                    ``(A) demographics and other information associated
                or possibly associated with mesothelioma, such as age,
                race, ethnicity, sex, geographic location, and family
                history;
                    ``(B) risk factors associated or possibly
                associated with mesothelioma, including genetic and
                environmental risk factors; and
                    ``(C) diagnosis and progression markers; and
            ``(3) may provide for the collection and storage of
        information relevant to analysis on mesothelioma, such as
        information concerning--
                    ``(A) the epidemiology of the disease;
                    ``(B) the natural history of the disease;
                    ``(C) the prevention of the disease;
                    ``(D) the detection, management, and treatment
                approaches for the disease; and
                    ``(E) the development of outcomes measures.
    ``(d) Consultation.--In carrying out this section, the Secretary
shall consult with individuals with appropriate expertise, including
non-Federal mesothelioma experts including--
            ``(1) epidemiologists with experience in disease
        surveillance or registries;
            ``(2) representatives of national voluntary associations
        that focus on mesothelioma or have demonstrated experience in
        research, care, or patient service for mesothelioma;
            ``(3) health information technology experts or other
        information management specialists;
            ``(4) clinicians with expertise in mesothelioma; and
            ``(5) research scientists with experience conducting
        translational research or utilizing surveillance systems for
        scientific research purposes.
    ``(e) Coordination With Other Federal Agencies.--The Secretary
shall make information in and analysis derived from the registry under
this section available, as appropriate, to Federal departments and
agencies, such as the National Institutes of Health, the Food and Drug
Administration, the Centers for Medicare & Medicaid Services, the
Agency for Healthcare Research and Quality, the Department of Veterans
Affairs, and the Department of Defense.
    ``(f) Public Access.--Subject to subsection (g), the Secretary
shall make information in, and analysis derived from, the registry
under this section available, as appropriate, to the public, including
researchers.
    ``(g) Privacy.--The Secretary shall ensure that privacy and
security protections applicable to the registry under this section are
at least as stringent as the privacy and security protections under
HIPAA privacy and security law (as defined in section 3009).
    ``(h) Reports to Congress.--
            ``(1) Initial report.--Not later than 18 months after the
        date of enactment of the Mary Jo Lawyer Spano Mesothelioma
        Patient Registry Act of 2015, the Secretary shall submit to the
        Congress a report that--
                    ``(A) shall outline--
                            ``(i) the findings in the mesothelioma
                        patient registry under subsection (a);
                            ``(ii) future plans for expansion or
                        revision of such registry; and
                            ``(iii) the scope of such registry; and
                    ``(B) may include a description of the activities
                undertaken by the Secretary to establish partnerships
                with research and patient advocacy communities to
                expand such registry.
            ``(2) Subsequent report.--Not later than 4 years after the
        date of enactment of the Mary Jo Lawyer Spano Mesothelioma
        Patient Registry Act of 2015, the Secretary shall submit a
        report to the Congress concerning the implementation of this
        section. Such report should include information on--
                    ``(A) the development and maintenance of the
                mesothelioma patient registry under subsection (a);
                    ``(B) the type of information collected and stored
                in the registry;
                    ``(C) the use and availability of such information,
                including guidelines for such use; and
                    ``(D) the use and coordination of databases that
                collect or maintain information on mesothelioma.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Meat and Poultry Products
Traceability and Safety Act of 2003''.

SEC. 2. TRACEABILITY OF LIVESTOCK AND POULTRY.

    (a) Livestock.--Title I of the Federal Meat Inspection Act (21
U.S.C. 601 et seq.) is amended by adding at the end the following:

``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS.

    ``(a) Definition of Traceability.--In this section, the term
`traceability' means the ability to retrieve the history, use, and
location of an article through a recordkeeping and audit system or
registered identification.
    ``(b) Requirements.--
            ``(1) In general.--Cattle, sheep, swine, goats, and horses,
        mules, and other equines presented for slaughter for human food
        purposes, and the carcasses or parts of carcasses and the meat
        and meat food products of those animals, shipped in interstate
        commerce shall be identified in a manner that enables the
        Secretary to trace--
                    ``(A) each animal to any premises or other location
                at which the animal was held at any time before
                slaughter; and
                    ``(B) each carcass or part of a carcass and meat
                and meat food product of such animals forward from
                slaughter through processing and distribution to the
                ultimate consumer.
            ``(2) Traceability system.--The Secretary shall establish a
        traceability system for all stages of production, processing,
        and distribution of meat and meat food products that are
        produced through the slaughter of animals described in
        paragraph (1).
    ``(c) Prohibition or Restriction on Entry.--The Secretary may
prohibit or restrict entry into any slaughtering establishment
inspected under this Act of any cattle, sheep, swine, goats, or horses,
mules, or other equines not identified as prescribed by the Secretary
under subsection (b).
    ``(d) Records.--
            ``(1) In general.--The Secretary may require that each
        person, firm, and corporation required to identify livestock
        pursuant to subsection (b) maintain accurate records, as
        prescribed by the Secretary, regarding the purchase, sale, and
        identification of the livestock.
            ``(2) Access.--Each person, firm, and corporation described
        in paragraph (1) shall, at all reasonable times, on notice by a
        duly authorized representative of the Secretary, allow the
        representative to access to each place of business of the
        person, firm, or corporation to examine and copy the records
        described in paragraph (1).
            ``(3) Duration.--Each person, firm, and corporation
        described in paragraph (1) shall maintain records required to
        be maintained under this subsection for such period of time as
        the Secretary prescribes.
    ``(e) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any premises at which any
cattle, sheep, swine, goats, horses, mules, or other equines, or
carcasses thereof, were held.
    ``(f) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the premises at
which were held any cattle, sheep, swine, goats, horses, mules, or
other equines, or the carcasses thereof.''.
    (b) Poultry.--The Poultry Products Inspection Act is amended by
inserting after section 23 (21 U.S.C. 467e) the following:

``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS.

    ``(a) Definition of Traceability.--In this section, the term
`traceability' means the ability to retrieve the history, use, and
location of an article through a recordkeeping and audit system or
registered identification.
    ``(b) Requirements.--
            ``(1) In general.--Poultry presented for slaughter for
        human food purposes and poultry products shipped in interstate
        commerce shall be identified in a manner that enables the
        Secretary to trace--
                    ``(A) each animal to any premises or other location
                at which the animal was held at any time before
                slaughter; and
                    ``(B) each poultry product forward from slaughter
                through processing and distribution to the ultimate
                consumer.
            ``(2) Traceability system.--The Secretary shall establish a
        traceability system for all stages of production, processing,
        and distribution of poultry and poultry food products that are
        produced through the slaughter of animals described in
        paragraph (1).
    ``(c) Prohibition or Restriction on Entry.--The Secretary may
prohibit or restrict entry into any slaughtering establishment
inspected under this Act of any poultry not identified as prescribed by
the Secretary.
    ``(d) Records.--
            ``(1) In general.--The Secretary may require that each
        person, firm, and corporation required to identify poultry
        pursuant to subsection (b) maintain accurate records, as
        prescribed by the Secretary, regarding the purchase, sale, and
        identification of the poultry.
            ``(2) Access.--Each person, firm, and corporation described
        in paragraph (1) shall, at all reasonable times, on notice by a
        duly authorized representative of the Secretary, allow the
        representative to access to each place of business of the
        person, firm, or corporation to examine and copy the records
        described in paragraph (1).
            ``(3) Duration.--Each person, firm, and corporation
        described in paragraph (1) shall maintain records required to
        be maintained under this subsection for such period of time as
        the Secretary prescribes.
    ``(e) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any premises at which any
poultry, or carcasses thereof, were held.
    ``(f) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the premises at
which were held any poultry or the carcasses thereof.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Savings Account Availability
Act of 2001''.

SEC. 2. EXPANSION OF AVAILABILITY OF ARCHER MEDICAL SAVINGS ACCOUNTS.

    (a) Repeal of Limitations on Number of Medical Savings Accounts.--
            (1) In general.--Subsections (i) and (j) of section 220 of
        the Internal Revenue Code of 1986 are hereby repealed.
            (2) Conforming amendments.--
                    (A) Paragraph (1) of section 220(c) of such Code is
                amended by striking subparagraph (D).
                    (B) Section 138 of such Code is amended by striking
                subsection (f).
    (b) Availability Not Limited to Accounts for Employees of Small
Employers and Self-Employed Individuals.--
            (1) In general.--Subparagraph (A) of section 220(c)(1) of
        such Code (relating to eligible individual) is amended to read
        as follows:
                    ``(A) In general.--The term `eligible individual'
                means, with respect to any month, any individual if--
                            ``(i) such individual is covered under a
                        high deductible health plan as of the 1st day
                        of such month, and
                            ``(ii) such individual is not, while
                        covered under a high deductible health plan,
                        covered under any health plan--
                                    ``(I) which is not a high
                                deductible health plan, and
                                    ``(II) which provides coverage for
                                any benefit which is covered under the
                                high deductible health plan.''.
            (2) Conforming amendments.--
                    (A) Section 220(c)(1) of such Code is amended by
                striking subparagraph (C).
                    (B) Section 220(c) of such Code is amended by
                striking paragraph (4) (defining small employer) and by
                redesignating paragraph (5) as paragraph (4).
                    (C) Section 220(b) of such Code is amended by
                striking paragraph (4) (relating to deduction limited
                by compensation) and by redesignating paragraphs (5),
                (6), and (7) as paragraphs (4), (5), and (6),
                respectively.
    (c) Increase in Amount of Deduction Allowed for Contributions to
Medical Savings Accounts.--
            (1) In general.--Paragraph (2) of section 220(b) of such
        Code is amended to read as follows:
            ``(2) Monthly limitation.--The monthly limitation for any
        month is the amount equal to \1/12\ of the annual deductible
        (as of the first day of such month) of the individual's
        coverage under the high deductible health plan.''.
            (2) Conforming amendment.--Clause (ii) of section
        220(d)(1)(A) of such Code is amended by striking ``75 percent
        of''.
    (d) Both Employers and Employees May Contribute to Medical Savings
Accounts.--Paragraph (4) of section 220(b) of such Code (as
redesignated by subsection (b)(2)(C)) is amended to read as follows:
            ``(4) Coordination with exclusion for employer
        contributions.--The limitation which would (but for this
        paragraph) apply under this subsection to the taxpayer for any
        taxable year shall be reduced (but not below zero) by the
        amount which would (but for section 106(b)) be includible in
        the taxpayer's gross income for such taxable year.''.
    (e) Reduction of Permitted Deductibles Under High Deductible Health
Plans.--
            (1) In general.--Subparagraph (A) of section 220(c)(2) of
        such Code (defining high deductible health plan) is amended--
                    (A) by striking ``$1,500'' in clause (i) and
                inserting ``$1,000''; and
                    (B) by striking ``$3,000'' in clause (ii) and
                inserting ``$2,000''.
            (2) Conforming amendment.--Subsection (g) of section 220 of
        such Code is amended to read as follows:
    ``(g) Cost-of-Living Adjustment.--
            ``(1) In general.--In the case of any taxable year
        beginning in a calendar year after 1998, each dollar amount in
        subsection (c)(2) shall be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for the calendar year in which
                such taxable year begins by substituting `calendar year
                1997' for `calendar year 1992' in subparagraph (B)
                thereof.
            ``(2) Special rules.--In the case of the $1,000 amount in
        subsection (c)(2)(A)(i) and the $2,000 amount in subsection
        (c)(2)(A)(ii), paragraph (1)(B) shall be applied by
        substituting `calendar year 2000' for `calendar year 1997'.
            ``(3) Rounding.--If any increase under paragraph (1) or (2)
        is not a multiple of $50, such increase shall be rounded to the
        nearest multiple of $50.''.
    (f) Providing Incentives for Preferred Provider Organizations To
Offer Medical Savings Accounts.--Clause (ii) of section 220(c)(2)(B) of
such Code is amended by striking ``preventive care if'' and all that
follows and inserting ``preventive care.''
    (g) Medical Savings Accounts May Be Offered Under Cafeteria
Plans.--Subsection (f) of section 125 of such Code is amended by
striking ``106(b),''.
    (h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Common Access Card Act of
2017''.

SEC. 2. MEDICARE SMART CARD PILOT PROGRAM.

    Part E of title XVIII of the Social Security Act is amended by
inserting after section 1866E the following new section:

``SEC. 1866F. SMART CARD PILOT PROGRAM.

    ``(a) Implementation.--
            ``(1) In general.--Not later than 36 months after the date
        of the enactment of this section, the Secretary shall establish
        a pilot program (in this section referred to as the `pilot
        program') to demonstrate the feasibility of using smart card
        technology under this title.
            ``(2) Smart card technology defined.--In this section, the
        term `smart card technology' means the following:
                    ``(A) Beneficiary smart card.--A machine readable,
                fraud- and tamper-resistant card (in this section
                referred to as a `smart card') that includes an
                embedded integrated circuit chip with a secure micro-
                controller that enables the verification and secure,
                electronic authentication of the identity of a Medicare
                beneficiary at the point of service through a
                combination of the smart card and a personal
                identification number known by or associated with such
                beneficiary.
                    ``(B) Card reader technology.--Information
                technology that enables a supplier and provider to
                authenticate the identity of a Medicare beneficiary
                through presentation of such a smart card and such
                components, with such authentication to be reflected
                through the use of a modifier or in another appropriate
                manner, as determined by the Secretary, in the claims
                adjudication process.
            ``(3) Program design elements.--The pilot program shall be
        conducted for a period of 3 years consistent with the
        following:
                    ``(A) Selection of area.--In consultation with the
                Inspector General of the Department of Health and Human
                Services, the Secretary shall select at least 3
                geographic areas in which the pilot program will
                operate.
                    ``(B) Selection of supplier and provider types.--In
                consultation with the Inspector General of the
                Department of Health and Human Services, the Secretary
                shall select supplier and provider types that will be
                required to participate in the pilot program (referred
                to in this section as `participating suppliers and
                providers'). In selecting such supplier and provider
                types, the Secretary shall--
                            ``(i) take into account the risk of fraud,
                        waste, and abuse (as described in section
                        1886(j)(2)(B) with respect to the category of
                        provider or supplier) and other factors as
                        determined appropriate by the Secretary; and
                            ``(ii) limit the pilot program to no more
                        than 2,000 suppliers and providers.
                    ``(C) Supplier and provider hardship exemptions.--
                The Secretary shall exempt from participation in the
                pilot program a supplier or provider that either--
                            ``(i) does not have access to card reader
                        technology (as described in paragraph (2)(B));
                            ``(ii) does not have sufficient internet
                        access; or
                            ``(iii) has a low volume (as determined by
                        the Secretary) of Medicare claims for which
                        payment is made under this title.
                    ``(D) Beneficiary smart card issuance.--The
                Secretary shall provide for the issuance of beneficiary
                smart cards described in paragraph (2)(A) to all
                Medicare beneficiaries residing in a geographic area in
                which the pilot program is conducted under subparagraph
                (A). Information that appears on Medicare cards used
                outside the pilot program may appear on the face of the
                beneficiary smart card.
                    ``(E) Information on operation of pilot program.--
                The Secretary shall provide participating suppliers and
                providers and Medicare beneficiaries who are furnished
                items and services by such suppliers and providers,
                with information on the operation of the pilot program,
                including privacy protections described in subparagraph
                (H).
                    ``(F) Access to services outside the pilot
                program.--
                            ``(i) Beneficiaries.--Medicare
                        beneficiaries who receive beneficiary smart
                        cards may receive items and services care from
                        suppliers and providers not participating in
                        the pilot program.
                            ``(ii) Suppliers and providers.--Suppliers
                        and providers not participating in the pilot
                        program may submit claims under this title for
                        items and services furnished without use of
                        smart card technology to Medicare beneficiaries
                        who receive beneficiary smart cards.
                    ``(G) Private sector implementation.--The Secretary
                shall select, by using a competitive procurement, a
                private sector contractor to implement and operate the
                pilot program.
                    ``(H) Privacy protections.--The Secretary shall
                ensure that the pilot program complies with applicable
                Federal laws, including regulations, concerning
                individually identifiable health information, including
                the Privacy Act of 1974 and regulations promulgated
                under section 264(c) of the Health Insurance
                Portability and Accountability Act of 1996 and such
                individually identifiable information shall be exempt
                from disclosure under section 552(b)(3) of title 5,
                United States Code.
                    ``(I) Mandatory participation.--Subject to
                subparagraph (C), in the case of services furnished by
                a provider or supplier included in a supplier or
                provider type selected under subparagraph (B) in a
                geographic area selected under subparagraph (A),
                payment may only be made under this title for such
                services during the period of the pilot program if the
                provider or supplier is participating in the pilot
                program.
            ``(4) Definitions.--In this section:
                    ``(A) The terms `supplier' and `provider' have the
                meanings given the terms `supplier' and `provider of
                services' in subsections (d) and (u), respectively, of
                section 1861.
                    ``(B) The term `Medicare beneficiary' means an
                individual who is enrolled in the original Medicare
                fee-for-service program under parts A and B and is not
                enrolled in an MA plan under part C, an eligible
                organization under section 1876, or a PACE program
                under section 1894.
                    ``(C) The term `Medicare claim' means a claim for
                an item or service for which payment is made under this
                title.
    ``(b) Reports to Congress.--
            ``(1) In general.--The Secretary shall submit to Congress
        the following reports:
                    ``(A) Initial design report.--Not later than 2
                years after the date of the enactment of this section,
                a report that outlines the plan for implementation of
                the pilot program.
                    ``(B) Implementation report.--After implementation
                of the pilot program, a report on the initial
                implementation of the pilot program, including
                parameters for operation of such program.
                    ``(C) Interim performance report.--Not later than 2
                years after the date the pilot program is implemented,
                an interim report on the performance of such program.
                    ``(D) Final performance report.--Not later than 18
                months after the date of the completion of the pilot
                program, a final report on the performance of such
                program.
            ``(2) Contents of certain reports.--The reports under
        subparagraphs (C) and (D) of paragraph (1) shall include
        information on the performance of the pilot program in
        achieving its objectives and such recommendations regarding
        expanding the duration and scope of such program as the
        Secretary determines appropriate.
    ``(c) Funding.--For purposes of conducting the pilot program, the
Secretary shall provide for the transfer, from the Supplemental Medical
Insurance Trust Fund under section 1841, to the Centers for Medicare &
Medicaid Program Management Account, of $150,000,000, to be available
until expended.''.


SECTION 1. FINDINGS.

     The Congress finds that--
            (1) the Russian Federation has adopted constitutional
        protections and statutory and administrative procedures that
        accord its citizens the right and opportunity to emigrate, free
        of anything more than a nominal tax on emigration or on the
        visas or other documents required for emigration and free of
        any tax, levy, fine, fee, or other charge on any citizens as a
        consequence of the desire of such citizens to emigrate to the
        country of their choice or to return to the Russian Federation;
            (2) the Russian Federation has been found to be in full
        compliance with the freedom of emigration requirements under
        title IV of the Trade Act of 1974 since 1994;
            (3) the Russian Federation has taken important steps toward
        the creation of democratic institutions and a free-market
        economy and, as a participating state of the Organization for
        Security and Cooperation in Europe (in this Act referred to as
        the ``OSCE''), is committed to developing a system of
        governance in accordance with the principles regarding human
        rights and humanitarian affairs that are set forth in the Final
        Act of the Conference on Security and Cooperation in Europe
        (also known as the ``Helsinki Final Act'') and successive
        documents;
            (4) the Russian Federation is committed to addressing
        issues relating to its national and religious minorities as a
        participating state of the OSCE, to adopting measures to ensure
        that persons belonging to national minorities have full
        equality both individually and communally, and to respecting
        the independence of minority religious communities, although
        problems still exist regarding the registration of religious
        groups, visa, and immigration requirements, and other laws,
        regulations, and practices that interfere with the activities
        or internal affairs of minority religious communities;
            (5) the Russian Federation has enacted legislation
        providing protection against discrimination or incitement to
        violence against persons or groups based on national, racial,
        ethnic, or religious discrimination, including anti-Semitism;
            (6) the Russian Federation has committed itself, including
        through exchanges of letters, to ensuring freedom of religion,
        equal treatment of all religious groups, and combating racial,
        ethnic, and religious intolerance and hatred, including anti-
        Semitism;
            (7) the Russian Federation has engaged in efforts to combat
        ethnic and religious intolerance by cooperating with various
        United States nongovernmental organizations;
            (8) the Russian Federation is continuing the restitution of
        religious properties, including religious and communal
        properties confiscated from national and religious minorities
        during the Soviet era, facilitating the reemergence of these
        minority groups in the national life of the Russian Federation,
        and has committed itself, including through exchanges of
        letters, to continue the restitution of such properties;
            (9) the Russian Federation has received normal trade
        relations treatment since concluding a bilateral trade
        agreement with the United States that entered into force on
        June 17, 1992;
            (10) the Russian Federation is making progress toward
        accession to the World Trade Organization, recognizing that
        many central issues remain to be resolved, including removal of
        unjustified restrictions on agricultural products of the United
        States, commitments relating to tariff reductions for goods,
        trade in services, protection of intellectual property rights,
        reform of the industrial energy sector, elimination of export
        incentives for industrial goods, reform of customs procedures
        and technical, sanitary, and phytosanitary measures, and
        inclusion of trade remedy provisions;
            (11) the Russian Federation has enacted some protections
        reflecting internationally recognized labor rights, but serious
        gaps remain both in the country's legal regime and its
        enforcement record;
            (12) the Russian Federation has provided constitutional
        guarantees of freedom of the press, although infringements of
        this freedom continue to occur; and
            (13) the Russian Federation has demonstrated a strong
        desire to build a friendly and cooperative relationship with
        the United States.

SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974
              TO THE RUSSIAN FEDERATION.

    (a) Presidential Determinations and Extensions of Nondiscriminatory
Treatment.--Notwithstanding any provision of title IV of the Trade Act
of 1974 (19 U.S.C. 2431 et seq.), the President may--
            (1) determine that such title should no longer apply to the
        Russian Federation; and
            (2) after making a determination under paragraph (1) with
        respect to the Russian Federation, proclaim the extension of
        nondiscriminatory treatment (normal trade relations treatment)
        to the products of that country.
    (b) Termination of Application of Title IV.--On and after the
effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of the Russian Federation,
chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to
that country.

SEC. 3. POLICY OF THE UNITED STATES.

    It is the policy of the United States to remain fully committed to
a multifaceted engagement with the Russian Federation, including by--
            (1) urging the Russian Federation to ensure that its
        national, regional, and local laws, regulations, practices, and
        policies fully, and in conformity with the standards of the
        OSCE--
                    (A) provide for the free emigration of its
                citizens;
                    (B) safeguard religious liberty throughout the
                Russian Federation, including by ensuring that the
                registration of religious groups, visa and immigration
                requirements, and other laws, regulations, and
                practices are not used to interfere with the activities
                or internal affairs of minority religious communities;
                    (C) enforce and enhance existing Russian laws at
                the national and local levels to combat ethnic,
                religious, and racial discrimination and related
                violence;
                    (D) expand the restitution of religious and
                communal properties, including by establishing a legal
                framework for the timely completion of such
                restitution; and
                    (E) respect fully freedom of the press;
            (2) working with the Russian Federation, including through
        the Secretary of Labor and other appropriate executive branch
        officials, to address the issues described in section 1(11);
        and
            (3) continuing rigorous monitoring by the United States of
        human rights issues in the Russian Federation, including the
        issues described in paragraphs (1) and (2), providing
        assistance to nongovernmental organizations and human rights
        groups involved in human rights activities in the Russian
        Federation, and promoting annual discussions and ongoing dialog
        with the Russian Federation regarding those issues, including
        the participation of United States and Russian nongovernmental
        organizations in such discussions.

SEC. 4. REPORTING REQUIREMENT.

     The reports required by sections 102(b) and 203 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and
6433) shall include an assessment of the status of the issues described
in subparagraphs (A) through (D) of section 3(1).

SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 17, 1992,
              BILATERAL TRADE AGREEMENT.

    (a) Finding.--The Congress finds that the trade agreement between
the United States and the Russian Federation that entered into force on
June 17, 1992, remains in force between the 2 countries and provides
the United States with important rights, including the right to use
specific safeguard rules to respond to import surges from the Russian
Federation.
    (b) Applicability of Safeguard.--Section 421 of the Trade Act of
1974 (19 U.S.C. 2451) shall apply to the Russian Federation to the same
extent as such section applies to the People's Republic of China.

SEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION
              NEGOTIATIONS.

    (a) Notice of Agreement on Accession to WTO by Russian
Federation.--Not later than 5 days after the date on which the United
States has entered into a bilateral agreement with the Russian
Federation on the terms of accession by the Russian Federation to the
World Trade Organization, the President shall so notify the Congress,
and the President shall transmit to the Congress, not later than 15
days after that agreement is entered into, a report that sets forth the
provisions of that agreement.
    (b) Resolution of Disapproval.--
            (1) Introduction.--If a resolution of disapproval is
        introduced in the House of Representatives or the Senate during
        the 30-day period (not counting any day which is excluded under
        section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)),
        beginning on the date on which the President first notifies the
        Congress under subsection (a) of the agreement referred to in
        that subsection, that resolution of disapproval shall be
        considered in accordance with this subsection.
            (2) Resolution of disapproval.--In this subsection, the
        term ``resolution of disapproval'' means only a joint
        resolution of the two Houses of the Congress, the matter after
        the resolving clause of which is as follows: ``That the
        Congress does not approve the agreement between the United
        States and the Russian Federation on the terms of accession by
        the Russian Federation to the World Trade Organization, of
        which Congress was notified on ____.'', with the blank space
        being filled with the appropriate date.
            (3) Procedures for considering resolutions.--
                    (A) Introduction and referral.--Resolutions of
                disapproval--
                            (i) in the House of Representatives--
                                    (I) may be introduced by any Member
                                of the House;
                                    (II) shall be referred to the
                                Committee on Ways and Means and, in
                                addition, to the Committee on Rules;
                                and
                                    (III) may not be amended by either
                                Committee; and
                            (ii) in the Senate--
                                    (I) may be introduced by any Member
                                of the Senate;
                                    (II) shall be referred to the
                                Committee on Finance; and
                                    (III) may not be amended.
                    (B) Committee discharge and floor consideration.--
                The provisions of subsections (c) through (f) of
                section 152 of the Trade Act of 1974 (19 U.S.C. 2192(c)
                through (f)) (relating to committee discharge and floor
                consideration of certain resolutions in the House and
                Senate) apply to a resolution of disapproval to the
                same extent as such subsections apply to resolutions
                under such section.
    (c) Rules of House of Representatives and Senate.--Subsection (b)
is enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of
        Representatives and the Senate, respectively, and as such are
        deemed a part of the rules of each House, respectively, and
        such procedures supersede other rules only to the extent that
        they are inconsistent with such other rules; and
            (2) with the full recognition of the constitutional right
        of either House to change the rules (so far as relating to the
        procedures of that House) at any time, in the same manner, and
        to the same extent as any other rule of that House.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Drug Formulary Protection
Act''.

SEC. 2. REMOVAL OF COVERED PART D DRUGS FROM THE PRESCRIPTION DRUG PLAN
              FORMULARY.

    (a) Limitation on Removal or Change of Covered Part D Drugs From
the Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the
Social Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read
as follows:
                    ``(E) Removing a drug from formulary or imposing a
                restriction or limitation on coverage.--
                            ``(i) Limitation on removal, limitation, or
                        restriction.--
                                    ``(I) In general.--Subject to
                                subclause (II) and clause (ii),
                                beginning with 2006, the PDP sponsor of
                                a prescription drug plan may not remove
                                a covered part D drug from the plan
                                formulary or impose a restriction or
                                limitation on the coverage of such a
                                drug (such as through the application
                                of a preferred status, usage
                                restriction, step therapy, prior
                                authorization, or quantity limitation)
                                other than at the beginning of each
                                plan year except as the Secretary may
                                permit to take into account new
                                therapeutic uses and newly covered part
                                D drugs.
                                    ``(II) Special rule for newly
                                enrolled individuals.--Subject to
                                clause (ii), in the case of an
                                individual who enrolls in a
                                prescription drug plan on or after the
                                date of enactment of this subparagraph,
                                the PDP sponsor of such plan may not
                                remove a covered part D drug from the
                                plan formulary or impose a restriction
                                or limitation on the coverage of such a
                                drug (such as through the application
                                of a preferred status, usage
                                restriction, step therapy, prior
                                authorization, or quantity limitation)
                                during the period beginning on the date
                                of such enrollment and ending on
                                December 31 of the immediately
                                succeeding plan year except as the
                                Secretary may permit to take into
                                account new therapeutic uses and newly
                                covered part D drugs.
                            ``(ii) Exceptions to limitation on
                        removal.--Clause (i) shall not apply with
                        respect to a covered part D drug that--
                                    ``(I) is a brand name drug for
                                which there is a generic drug approved
                                under section 505(j) of the Food and
                                Drug Cosmetic Act (21 U.S.C. 355(j))
                                that is placed on the market during the
                                period in which there are limitations
                                on removal or change in the formulary
                                under subclause (I) or (II) of clause
                                (i);
                                    ``(II) is a brand name drug that
                                goes off-patent during such period;
                                    ``(III) is a drug for which the
                                Commissioner of Food and Drugs issues a
                                clinical warning that imposes a
                                restriction or limitation on the drug
                                during such period; or
                                    ``(IV) has been determined to be
                                ineffective during such period.
                            ``(iii) Notice of removal under application
                        of exception to limitation.--The PDP sponsor of
                        a prescription drug plan shall provide
                        appropriate notice (such as under subsection
                        (a)(3)) of any removal or change under clause
                        (ii) to the Secretary, affected enrollees,
                        physicians, pharmacies, and pharmacists.''.
    (b) Notice for Change in Formulary and Other Restrictions or
Limitations on Coverage.--
            (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C.
        1395w-104(a)) is amended by adding at the end the following new
        paragraph:
            ``(5) Annual notice of changes in formulary and other
        restrictions or limitations on coverage.--Each PDP sponsor
        offering a prescription drug plan shall furnish to each
        enrollee at the time of each annual coordinated election period
        (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year
        a notice of any changes in the formulary or other restrictions
        or limitations on coverage of a covered part D drug under the
        plan that will take effect for the plan year.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to annual coordinated election periods beginning
        after the date of the enactment of this Act.


SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

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

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

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

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

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

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

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

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

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

SEC. 7. GAO STUDY ON THE CLAWBACK FORMULA.

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


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Fracture Prevention and
Osteoporosis Testing Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since 1997, Congress has recognized the importance of
        osteoporosis prevention by standardizing reimbursement under
        the Medicare program for bone mass measurement.
            (2) One decade later, osteoporosis remains underdiagnosed
        and untreated despite numerous Federal initiatives, including
        recommendations of the United States Preventive Services Task
        Force, the 2004 United States Surgeon General's Report on Bone
        Health and Osteoporosis, and inclusion of bone mass measurement
        in the Welcome to Medicare exam.
            (3) Even though osteoporosis is a highly manageable
        disease, many patients lack access to early diagnosis that can
        prevent debilitating fractures, morbidity, and loss of
        mobility.
            (4) Although Caucasians are most likely to sustain
        osteoporosis fractures, the cost of fractures among the
        nonwhite population is projected to increase by as much as 180
        percent over the next 20 years.
            (5) Black women are more likely than White women to die
        following a hip fracture.
            (6) Osteoporosis is a critical women's health issue. Women
        account for 71 percent of fractures and 75 percent of
        osteoporosis-associated costs.
            (7) The World Health Organization, the Centers for Medicare
        & Medicaid Services, and other medical experts concur that the
        most widely accepted method of measuring bone mass to predict
        fracture risk is dual-energy x-ray absorptiometry (in this Act
        referred to as ``DXA''). Vertebral fracture assessment (in this
        Act referred to as ``VFA'') is another test used to identify
        patients at high risk for future fracture.
            (8) Unlike other imaging procedures, bone mass measurement
        testing remains severely underutilized with less than 20
        percent of eligible Medicare beneficiaries taking advantage of
        the benefit.
            (9) Underutilization of bone mass measurement will strain
        the Medicare budget because--
                    (A) 55 percent of the people age 50 and older in
                2002 had osteoporosis or low bone mass;
                    (B) more than 61,000,000 people in the United
                States are projected to have osteoporosis or low bone
                mass in 2020, as compared to 43,000,000 in 2002;
                    (C) osteoporosis fractures are projected to
                increase by almost 50 percent over the next 2 decades
                with at least 3,000,000 fractures expected to occur
                annually by 2025;
                    (D) the population aged 65 and older represents 89
                percent of fracture costs; and
                    (E) the economic burden of osteoporosis fractures
                are projected to increase by 50 percent over the next 2
                decades, reaching $25,300,000,000 in 2025.
            (10) Underutilization of bone mass measurement will also
        strain the Medicaid budget, which funds treatment for
        osteoporosis in low-income Americans.
            (11) Reimbursement under the Medicare program for DXA
        provided in physician offices and other non-hospital settings
        was reduced by 40 percent and will be reduced by a total of 75
        percent by 2010. This drop represents one of the largest
        reimbursement reductions in the history of the Medicare
        program. Reimbursement for VFA will also be reduced by 50
        percent by 2010.
            (12) The reduction in reimbursement discourages physicians
        from continuing to provide access to DXA or VFA in their
        offices. Since two-thirds of all DXA scans are performed in
        nonfacility settings, such as physician offices, patient access
        to bone mass measurement will be severely compromised when
        physicians discontinue providing those tests in their offices,
        thereby exacerbating the current underutilization of the
        benefit.

SEC. 3. MINIMUM PAYMENT FOR BONE MASS MEASUREMENT.

    (a) In General.--Section 1848(b) of the Social Security Act (42
U.S.C. 1395w-4(b)) is amended by adding at the end the following:
            ``(5) Treatment of bone mass scans.--Notwithstanding the
        provisions of paragraph (1), the Secretary shall establish a
        national minimum payment amount for CPT code 77080 (relating to
        dual-energy x-ray absorptiometry) and CPT code 77082 (relating
        to vertebral fracture assessment), and any successor to such
        codes as identified by the Secretary. Such minimum payment
        amount shall not be less than 100 percent of the reimbursement
        rates in effect for such codes (or predecessor codes) on
        December 31, 2006.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to bone mass measurement furnished on or after January 1, 2008.

SEC. 4. STUDY AND REPORT BY THE INSTITUTE OF MEDICINE.

    (a) In General.--The Secretary of Health and Human Services shall
enter into an arrangement with the Institute of Medicine of the
National Academies to conduct a study on the following:
            (1) The ramifications of Medicare reimbursement reductions
        for DXA and VFA on beneficiary access to bone mass measurement
        benefits in general and in rural and minority communities
        specifically.
            (2) Methods to increase use of bone mass measurement by
        Medicare beneficiaries.
    (b) Report.--The agreement entered into under subsection (a) shall
provide for the Institute of Medicine to submit to the Secretary and
the Congress, not later than 1 year after the date of the enactment of
this Act, a report containing a description of the results of the study
conducted under such subsection and the conclusions and recommendations
of the Institute of Medicine regarding each of the issues described in
paragraphs (1) and (2) of such subsection.