SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Aid for Trustworthy, Affordable
Drugs Act (NAFTA Drugs Act)''.

SEC. 2. HARMONIZATION OF DRUG LAWS REGARDING IMPORTATION INTO NAFTA
              COUNTRIES FROM OTHER NAFTA COUNTRIES.

    Section 803 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
383) is amended by adding at the end the following subsection:
    ``(d)(1) Consistent with the North American Free Trade Agreement
approved by the Congress under section 101(a) of Public Law 103-182
(referred to in this subsection as `NAFTA'), the United States Trade
Representative shall seek to enter into agreements with other NAFTA
countries to harmonize regulatory requirements for drugs such that
drugs approved for commercial distribution in any NAFTA country may be
imported or exported from any NAFTA country into any NAFTA country.
    ``(2) The United States Trade Representative shall carry out this
subsection in consultation with the Secretary and the Commissioner of
Food and Drugs.
    ``(3) The United States Trade Representative may enter into a
harmonization agreement under paragraph (1) only if such Representative
determines as follows:
            ``(A) That the proposed agreement provides for regulatory
        standards for drugs that are consistent with the requirements
        of this Act.
            ``(B) That the proposed agreement provides for--
                    ``(i) the display of a seal on the labeling of the
                drugs involved, whose purpose is to indicate that the
                drugs meet the standards of the harmonization agreement
                and may be imported as provided in paragraph (1);
                    ``(ii) uniform standards applicable to the display
                of such a seal in any NAFTA country; and
                    ``(iii) approval of such a seal by the appropriate
                health authority in any NAFTA country before the
                display of the seal in that country, for the purpose of
                ensuring that the seal complies with the uniform
                standards described in clause (ii).
            ``(C) That the proposed agreement provides that a drug may
        not be imported into a NAFTA country from another NAFTA country
        unless the labeling of the drug bears a seal described in
        subparagraph (B).
            ``(D) That the proposed agreement provides for a system of
        unique tracking numbers to indicate--
                    ``(i) the manufacturer of the drug involved, the
                NAFTA country of origin, and the wholesale distributors
                of the drug; and
                    ``(ii) in the case of a prescription drug, the
                pharmacy that dispenses the drug.
            ``(E) That the proposed agreement provides for--
                    ``(i) the placement of a seal described in
                subparagraph (B) on the labeling of a drug only by a
                pharmacy registered in accordance with this
                subparagraph;
                    ``(ii) registration of pharmacies in each NAFTA
                country by the appropriate health authority in each
                such country for the purpose of authorizing such
                pharmacies to place a seal described in subparagraph
                (B) on the labeling of drugs; and
                    ``(iii) uniform standards applicable to such
                registration.
            ``(F) That the proposed agreement--
                    ``(i) requires drug manufacturers to reimburse the
                Secretary of Health and Human Services for benefits
                derived by such manufacturers from research performed
                by the National Institutes of Health; and
                    ``(ii) authorizes use of such reimbursement to pay
                the expenses incurred by the Food and Drug
                Administration in approving seals under subparagraph
                (B) and registering pharmacies under subparagraph (E).
            ``(G) That the proposed agreement prohibits any
        discrimination by any person in the manufacture, distribution,
        or sale of any drug that bears a seal described in subparagraph
        (B), on the basis of a prospective customer's citizenship or
        residency in a NAFTA country, or on the basis of a request for
        shipment of the drug to any NAFTA country.
    ``(4) The authority of the United States Trade Representative to
enter a harmonization agreement under paragraph (1) terminates one year
after the date of the enactment of New Aid for Trustworthy, Affordable
Drugs Act (NAFTA Drugs Act).
    ``(5) For purposes of this subsection, the term `NAFTA country'
means each of the United States, Canada, and the United Mexican
States--
            ``(A) for such time as NAFTA is in force with respect to
        such country; and
            ``(B) in the case of each of Canada and the United Mexican
        States, for such time as the United States applies NAFTA to
        such country.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Notch Fairness Act of 1996''.

SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
              ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.

    (a) In General.--Section 215(a) of the Social Security Act is
amended--
            (1) in paragraph (4)(B), by inserting ``(with or without
        the application of paragraph (8))'' after ``would be made'',
        and by striking ``1984'' in clause (i) and inserting ``1989'';
        and
            (2) by adding at the end the following:
    ``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraph (F) of this paragraph), the amount of the
individual's primary insurance amount as computed or recomputed under
paragraph (1) shall be deemed equal to the sum of--
            ``(i) such amount, and
            ``(ii) the applicable transitional increase amount (if
        any).
    ``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
            ``(i) the excess under former law, by
            ``(ii) the applicable percentage in relation to the year in
        which the individual becomes eligible for old-age insurance
        benefits, as determined by the following table:

                  ``If the individual

                becomes eligible for
                                                         The applicable
                such benefits in:
                                                         percentage is:
                  1979...............................       55 percent
                  1980...............................       45 percent
                  1981...............................       35 percent
                  1982...............................       32 percent
                  1983...............................       25 percent
                  1984...............................       20 percent
                  1985...............................       16 percent
                  1986...............................       10 percent
                  1987...............................        3 percent
                  1988...............................        5 percent.
    ``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
            ``(i) the applicable former law primary insurance amount,
        over
            ``(ii) the amount which would be such individual's primary
        insurance amount if computed or recomputed under this section
        without regard to this paragraph and paragraphs (4), (5), and
        (6).
    ``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
            ``(i) computed or recomputed (pursuant to paragraph
        (4)(B)(i)) under section 215(a) as in effect in December 1978,
        or
            ``(ii) computed or recomputed (pursuant to paragraph
        (4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
    ``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
            ``(i) subsection (b)(4) shall not apply;
            ``(ii) section 215(b) as in effect in December 1978 shall
        apply, except that section 215(b)(2)(C) (as then in effect)
        shall be deemed to provide that an individual's `computation
        base years' may include only calendar years in the period after
        1950 (or 1936 if applicable) and ending with the calendar year
        in which such individual attains age 61, plus the 3 calendar
        years after such period for which the total of such
        individual's wages and self-employment income is the largest;
        and
            ``(iii) subdivision (I) in the last sentence of paragraph
        (4) shall be applied as though the words `without regard to any
        increases in that table' in such subdivision read `including
        any increases in that table'.
    ``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.''.
    (b) Effective Date and Related Rules.--
            (1) Applicability of amendments.--
                    (A) In general.--Except as provided in paragraph
                (2), the amendments made by this Act shall be effective
                as though they had been included or reflected in
                section 201 of the Social Security Amendments of 1977.
                    (B) Prospective applicability.--No monthly benefit
                or primary insurance amount under title II of the
                Social Security Act shall be increased by reason of
                such amendments for any month before April 1996.
            (2) Recomputation to reflect benefit increases.--In any
        case in which an individual is entitled to monthly insurance
        benefits under title II of the Social Security Act for March
        1995, if such benefits are based on a primary insurance amount
        computed--
                    (A) under section 215 of such Act as in effect (by
                reason of the Social Security Amendments of 1977) after
                December 1978, or
                    (B) under section 215 of such Act as in effect
                prior to January 1979 by reason of subsection (a)(4)(B)
                of such section (as amended by the Social Security
                Amendments of 1977),
        the Commissioner of Social Security (notwithstanding section
        215(f)(1) of the Social Security Act) shall recompute such
        primary insurance amount so as to take into account the
        amendments made by this Act.

SEC. 3. ENTITLEMENT OF STEPCHILDREN TO CHILD'S INSURANCE BENEFITS BASED
              ON ACTUAL DEPENDENCY ON STEPPARENT SUPPORT.

    (a) Requirement of Actual Dependency for Future Entitlements.--
            (1) In general.--Section 202(d)(4) of the Social Security
        Act (42 U.S.C. 402(d)(4)) is amended by striking ``was living
        with or''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply with respect to benefits of individuals who become
        entitled to such benefits for months after the third month
        following the month in which this Act is enacted.
    (b) Termination of Child's Insurance Benefits Based on Work Record
of Stepparent Upon Natural Parent's Divorce From Stepparent.--
            (1) In general.--Section 202(d)(1) of the Social Security
        Act (42 U.S.C. 402(d)(1)) is amended--
                    (A) by striking ``or'' at the end of clause (F);
                    (B) by striking the period at the end of clause (G)
                and inserting ``; or''; and
                    (C) by inserting after clause (G) the following new
                clause:
            ``(H) if the benefits under this subsection are based on
        the wages and self-employment income of a stepparent who is
        subsequently divorced from such child's natural parent, the
        sixth month after the month in which the Commissioner of Social
        Security receives formal notification of such divorce.''.
            (2) Effective date.--The amendments made by this subsection
        shall apply with respect to notifications of divorces received
        by the Commissioner of Social Security on or after the date of
        the enactment of this Act.

SEC. 4. DENIAL OF DISABILITY BENEFITS TO DRUG ADDICTS AND ALCOHOLICS.

    (a) Amendments Relating to Title II Disability Benefits.--
            (1) In general.--Section 223(d)(2) of the Social Security
        Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the
        following:
            ``(C) An individual shall not be considered to be disabled
        for purposes of this title if alcoholism or drug addiction
        would (but for this subparagraph) be a contributing factor
        material to the Commissioner's determination that the
        individual is disabled.''.
            (2) Representative payee requirements.--
                    (A) Section 205(j)(1)(B) of such Act (42 U.S.C.
                405(j)(1)(B)) is amended to read as follows:
    ``(B) In the case of an individual entitled to benefits based on
disability, the payment of such benefits shall be made to a
representative payee if the Commissioner of Social Security determines
that such payment would serve the interest of the individual because
the individual also has an alcoholism or drug addiction condition (as
determined by the Commissioner) that prevents the individual from
managing such benefits.''.
                    (B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C.
                405(j)(2)(C)(v)) is amended by striking ``entitled to
                benefits'' and all that follows through ``under a
                disability'' and inserting ``described in paragraph
                (1)(B)''.
                    (C) Section 205(j)(2)(D)(ii)(II) of such Act (42
                U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all
                that follows ``15 years, or'' and inserting ``described
                in paragraph (1)(B).''.
                    (D) Section 205(j)(4)(A)(ii)(II) (42 U.S.C.
                405(j)(4)(A)(ii)(II)) is amended by striking ``entitled
                to benefits'' and all that follows through ``under a
                disability'' and inserting ``described in paragraph
                (1)(B)''.
            (3) Treatment referrals for individuals with an alcoholism
        or drug addiction condition.--Section 222 of such Act (42
        U.S.C. 422) is amended by adding at the end the following new
        subsection:

   ``Treatment Referrals for Individuals with an Alcoholism or Drug
                          Addiction Condition

    ``(e) In the case of any individual whose benefits under this title
are paid to a representative payee pursuant to section 205(j)(1)(B),
the Commissioner of Social Security shall refer such individual to the
appropriate State agency administering the State plan for substance
abuse treatment services approved under subpart II of part B of title
XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''.
            (4) Conforming amendment.--Subsection (c) of section 225 of
        such Act (42 U.S.C. 425(c)) is repealed.
            (5) Effective dates.--
                    (A) The amendments made by paragraphs (1) and (4)
                shall apply with respect to monthly insurance benefits
                under title II of the Social Security Act based on
                disability for months beginning after the date of the
                enactment of this Act, except that, in the case of
                individuals who are entitled to such benefits for the
                month in which this Act is enacted, such amendments
                shall apply only with respect to such benefits for
                months beginning on or after January 1, 1997.
                    (B) The amendments made by paragraphs (2) and (3)
                shall apply with respect to benefits for which
                applications are filed on or after the date of the
                enactment of this Act.
                    (C) If an individual who is entitled to monthly
                insurance benefits under title II of the Social
                Security Act based on disability for the month in which
                this Act is enacted and whose entitlement to such
                benefits would terminate by reason of the amendments
                made by this subsection reapplies for benefits under
                title II of such Act (as amended by this Act) based on
                disability within 120 days after the date of the
                enactment of this Act, the Commissioner of Social
                Security shall, not later than January 1, 1997,
                complete the entitlement redetermination with respect
                to such individual pursuant to the procedures of such
                title.
    (b) Amendments Relating to SSI Benefits.--
            (1) In general.--Section 1614(a)(3) of the Social Security
        Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the
        following:
    ``(I) Notwithstanding subparagraph (A), an individual shall not be
considered to be disabled for purposes of this title if alcoholism or
drug addiction would (but for this subparagraph) be a contributing
factor material to the Commissioner's determination that the individual
is disabled.''.
            (2) Representative payee requirements.--
                    (A) Section 1631(a)(2)(A)(ii)(II) of such Act (42
                U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as
                follows:
    ``(II) In the case of an individual eligible for benefits under
this title by reason of disability, the payment of such benefits shall
be made to a representative payee if the Commissioner of Social
Security determines that such payment would serve the interest of the
individual because the individual also has an alcoholism or drug
addiction condition (as determined by the Commissioner) that prevents
the individual from managing such benefits.''.
                    (B) Section 1631(a)(2)(B)(vii) of such Act (42
                U.S.C. 1383(a)(2)(B)(vii)) is amended by striking
                ``eligible for benefits'' and all that follows through
                ``is disabled'' and inserting ``described in
                subparagraph (A)(ii)(II)''.
                    (C) Section 1631(a)(2)(B)(ix)(II) of such Act (42
                U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking
                all that follows ``15 years, or'' and inserting
                ``described in subparagraph (A)(ii)(II).''.
                    (D) Section 1631(a)(2)(D)(i)(II) of such Act (42
                U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking
                ``eligible for benefits'' and all that follows through
                ``is disabled'' and inserting ``described in
                subparagraph (A)(ii)(II)''.
            (3) Treatment services for individuals with a substance
        abuse condition.--Title XVI of such Act (42 U.S.C. 1381 et
        seq.) is amended by adding at the end the following new
        section:

 ``treatment services for individuals with a substance abuse condition

    ``Sec. 1636. In the case of any individual whose benefits under
this title are paid to a representative payee pursuant to section
1631(a)(2)(A)(ii)(II), the Commissioner of Social Security shall refer
such individual to the appropriate State agency administering the State
plan for substance abuse treatment services approved under subpart II
of part B of title XIX of the Public Health Service Act (42 U.S.C.
300x-21 et seq.).''.
            (4) Conforming amendments.--
                    (A) Section 1611(e) of such Act (42 U.S.C. 1382(e))
                is amended by striking paragraph (3).
                    (B) Section 1634 of such Act (42 U.S.C. 1383c) is
                amended by striking subsection (e).
            (5) Effective dates.--
                    (A) The amendments made by paragraphs (1) and (4)
                shall apply with respect to supplemental security
                income benefits under title XVI of the Social Security
                Act based on disability for months beginning after the
                date of the enactment of this Act, except that, in the
                case of individuals who are eligible for such benefits
                for the month in which this Act is enacted, such
                amendments shall apply only with respect to such
                benefits for months beginning on or after January 1,
                1997.
                    (B) The amendments made by paragraphs (2) and (3)
                shall apply with respect to supplemental security
                income benefits under title XVI of the Social Security
                Act for which applications are filed on or after the
                date of the enactment of this Act.
                    (C) If an individual who is eligible for
                supplemental security income benefits under title XVI
                of the Social Security Act for the month in which this
                Act is enacted and whose eligibility for such benefits
                would terminate by reason of the amendments made by
                this subsection reapplies for supplemental security
                income benefits under title XVI of such Act (as amended
                by this Act) within 120 days after the date of the
                enactment of this Act, the Commissioner of Social
                Security shall, not later than January 1, 1997,
                complete the eligibility redetermination with respect
                to such individual pursuant to the procedures of such
                title.
                    (D) For purposes of this paragraph, the phrase
                ``supplemental security income benefits under title XVI
                of the Social Security Act'' includes supplementary
                payments pursuant to an agreement for Federal
                administration under section 1616(a) of the Social
                Security Act and payments pursuant to an agreement
                entered into under section 212(b) of Public Law 93-66.
    (c) Conforming Amendment.--Section 201(c) of the Social Security
Independence and Program Improvements Act of 1994 (42 U.S.C. 425 note)
is repealed.
    (d) Supplemental Funding for Alcohol and Substance Abuse Treatment
Programs.--
            (1) In general.--Out of any money in the Treasury not
        otherwise appropriated, there are hereby appropriated to
        supplement State and Tribal programs funded under section 1933
        of the Public Health Service Act (42 U.S.C. 300x-33),
        $100,000,000 for each of the fiscal years 1997 and 1998.
            (2) Additional funds.--Amounts appropriated under paragraph
        (1) shall be in addition to any funds otherwise appropriated
        for allotments under section 1933 of the Public Health Service
        Act (42 U.S.C. 300x-33) and shall be allocated pursuant to such
        section 1933.
            (3) Use of funds.--A State or Tribal government receiving
        an allotment under this subsection shall consider as
        priorities, for purposes of expending funds allotted under this
        subsection, activities relating to the treatment of the abuse
        of alcohol and other drugs.

HR 2930 IH----2


SECTION 1. FINDINGS.

    The Congress finds that:
            (1) The United States must increase its supply of energy to
        ensure a continuing prosperous economy and high standard of
        life.
            (2) We currently rely heavily on imports of energy supplies
        from foreign nations and utilize large quantities of carbon
        fuels for electricity generation.
            (3) Hydropower is a domestic energy source which currently
        produces 92,000 megawatts of electricity per year, a figure
        representing 10 percent of the generation capacity in the
        United States.
            (4) The Energy Information Agency estimates that, of the
        75,000 dams in the United States, only 2,400 or three percent
        of these dams currently produce electricity.
            (5) The Energy Information Agency further estimates that
        there are approximately 21,300 megawatts of undeveloped
        capacity at existing dams.
            (6) New technology allows this energy to be utilized with
        little or no environmental effect by adding new turbines to
        existing dams and improving the efficiency of existing
        turbines.
            (7) Hydropower produces electricity without producing
        hazardous waste or air pollutants.
            (8) The 92,000 megawatts of electricity currently generated
        by hydropower avoid the annual emission of 4.75 million tons of
        sulfur dioxide and 2 million tons of nitrous oxide by
        eliminating the need to burn 345 million tons of coal.
            (9) Hydropower is a renewable energy source which, because
        of the natural hydrologic cycle, will continue to be available
        in perpetuity.

SEC. 2. CONSTITUTIONAL AUTHORITY.

    The Constitutional authority on which this Act rests is the power
of Congress to make all laws which shall be necessary and proper as
enumerated in article I, section 8 of the United States Constitution.

SEC. 3. HYDROELECTRIC PRODUCTION INCENTIVES.

    (a) Incentive Payments.--For electric energy generated and sold by
a qualified hydroelectric facility during the incentive period, the
Secretary of Energy (referred to in this section as the ``Secretary'')
shall make, subject to the availability of appropriations, incentive
payments to the owner or operator of such facility. The amount of such
payment made to any such owner or operator shall be as determined under
subsection (e) of this section. Payments under this section may only be
made upon receipt by the Secretary of an incentive payment application
which establishes that the applicant is eligible to receive such
payment and which satisfies such other requirements as the Secretary
deems necessary. Such application shall be in such form, and shall be
submitted at such time, as the Secretary shall establish.
    (b) Definitions.--For purposes of this section:
            (1) Qualified hydroelectric facility.--The term ``qualified
        hydroelectric facility'' means a turbine or other generating
        device owned or solely operated by a non-Federal entity which
        generates hydroelectric energy for sale and which is added to
        an existing dam or conduit.
            (2) Existing dam or conduit.--The term ``existing dam or
        conduit'' means any dam or conduit the construction of which
        was completed before the date of the enactment of this section
        and which does not require any construction or enlargement of
        impoundment or diversion structures (other than repair or
        reconstruction) in connection with the installation of a
        turbine or other generating device.
            (3) Conduit.--The term ``conduit'' has the same meaning as
        when used in section 30(a)(2) of the Federal Power Act.
The terms defined in this subsection shall apply without regard to the
hydroelectric kilowatt capacity of the facility concerned, without
regard to whether the facility uses a dam owned by a governmental or
nongovernmental entity, and without regard to whether the facility
begins operation on or after the date of the enactment of this section.
    (c) Eligibility Window.--Payments may be made under this section
only for electric energy generated from a qualified hydroelectric
facility which begins operation during the period of 10 fiscal years
beginning with the first full fiscal year occurring after the date of
enactment of this Act.
    (d) Incentive Period.--A qualified hydroelectric facility may
receive payments under this section for a period of 10 fiscal years
(referred to in this section as the ``incentive period''). Such period
shall begin with the fiscal year in which electric energy generated
from the facility is first eligible for such payments.
    (e) Amount of Payment.--
            (1) In general.--Payments made by the Secretary under this
        section to the owner or operator of a qualified hydroelectric
        facility shall be based on the number of kilowatt hours of
        hydroelectric energy generated by the facility during the
        incentive period. For any such facility, the amount of such
        payment shall be 1.5 cents per kilowatt hour (adjusted as
        provided in paragraph (2)), subject to the availability of
        appropriations under subsection (g), except that no facility
        may receive more than $1,000,000 in one calendar year.
            (2) Adjustments.--The amount of the payment made to any
        person under this section as provided in paragraph (1) shall be
        adjusted for inflation for each fiscal year beginning after
        calendar year 2005 in the same manner as provided in the
        provisions of section 29(d)(2)(B) of the Internal Revenue Code
        of 1986, except that in applying such provisions the calendar
        year 2005 shall be substituted for calendar year 1979.
    (f) Sunset.--No payment may be made under this section to any
qualified hydroelectric facility after the expiration of the period of
20 fiscal years beginning with the first full fiscal year occurring
after the date of enactment of this Act, and no payment may be made
under this section to any such facility after a payment has been made
with respect to such facility for a period of 10 fiscal years.
    (g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the purposes of this section
$50,000,000 for each of the fiscal years 2006 through 2015.

SEC. 4. HYDROELECTRIC EFFICIENCY IMPROVEMENT.

    (a) Incentive Payments.--The Secretary of Energy shall make
incentive payments to the owners or operators of hydroelectric
facilities at existing dams to be used to make capital improvements in
the facilities that are directly related to improving the efficiency of
such facilities by at least 3 percent.
    (b) Limitations.--Incentive payments under this section shall not
exceed 10 percent of the costs of the capital improvement concerned and
not more than one payment may be made with respect to improvements at a
single facility. No payment in excess of $1,000,000 may be made with
respect to improvements at a single facility.
    (c) Authorization.--There is authorized to be appropriated to carry
out this section not more than $50,000,000 in each fiscal year after
the fiscal year 2005.

SEC. 5. SMALL HYDROELECTRIC POWER PROJECTS.

    Section 408(a)(6) of the Public Utility Regulatory Policies Act of
1978 is amended by striking ``April 20, 1977'' and inserting ``March 4,
2005''.

SEC. 6. INCREASED HYDROELECTRIC GENERATION AT EXISTING FEDERAL
              FACILITIES.

    (a) In General.--The Secretary of Energy, in consultation with the
Secretary of the Interior and Secretary of the Army, shall conduct
studies of the cost-effective opportunities to increase hydropower
generation at existing federally-owned or operated water regulation,
storage, and conveyance facilities. Such studies shall be completed
within two years after the date of enactment of this Act and
transmitted to the Committee on Commerce of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate. An individual study shall be prepared for each of the
Nation's principal river basins. Each such study shall identify and
describe with specificity the following matters:
            (1) Opportunities to improve the efficiency of hydropower
        generation at such facilities through, but not limited to,
        mechanical, structural, or operational changes.
            (2) Opportunities to improve the efficiency of the use of
        water supplied or regulated by Federal projects where such
        improvement could, in the absence of legal or administrative
        constraints, make additional water supplies available for
        hydropower generation or reduce project energy use.
            (3) Opportunities to create additional hydropower
        generating capacity at existing facilities through, but not
        limited to, the construction of additional generating
        facilities, the uprating of generators and turbines, and the
        construction of pumped storage facilities.
            (4) Preliminary assessment of the costs and the economic
        and environmental consequences of such measures.
    (b) Previous Studies.--If studies of the type required by
subsection (a) have been prepared by any agency of the United States
and published within the five years prior to the date of enactment of
this Act, the Secretary of Energy may choose not to perform new studies
and incorporate the information in such studies into the studies
required by subsection (a).
    (c) Authorization.--There is authorized to be appropriated such
sums as may be necessary to carry out the purposes of this section.

SEC. 7. RENEWABLE ENERGY PRODUCTION INCENTIVES PROGRAM.

    Section 1212 of the Energy Policy Act of 1992 is amended in
subsection (b) by inserting after ``and which'' the following ``is a
small hydroelectric power project (as defined in section 408(a)(1) of
the Public Utility Regulatory Policies Act of 1978) or which''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Non-Proliferation Policy Act
of 1993''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The United States has been a leader in seeking to
        contain the spread of nuclear weapons technology and materials.
            (2) With the end of the Cold War and the breakup of the
        Soviet Union, the proliferation of nuclear weapons, especially
        to countries in unstable regions, is now the leading military
        threat to the national security of the United States and its
        allies.
            (3) The United Nations Security Council declared on January
        31, 1992, that ``proliferation of all weapons of mass
        destruction constitutes a threat to international peace and
        security'' and committed to taking appropriate action to
        prevent proliferation from occurring. The establishment of the
        United Nations Special Commission on Iraq was an important
        precedent to that end.
            (4) Aside from the 5 declared nuclear weapon states, a
        number of other nations have or are pursuing nuclear weapons
        capabilities.
            (5) Regional nuclear arms races pose perhaps the most
        likely prospect for the future use of nuclear weapons.
            (6) The break-up of the Soviet Union has increased the
        threat of nuclear proliferation.
            (7) In May 1992, Ukraine, Belarus, and Kazakhstan signed
        the protocols to START I and committed to acceding to the
        Nuclear Non-Proliferation Treaty as non-nuclear weapon states
        ``in the shortest possible time''.
            (8) Iraq had a substantial, clandestine nuclear weapons
        program which went undetected by the International Atomic
        Energy Agency (IAEA) inspection process and was greatly
        assisted by dual-use exports from western countries, including
        the United States.
            (9) North Korea's statement of intent to withdraw from the
        Nuclear Non-Proliferation Treaty, and its refusal to allow IAEA
        inspections of all of its known and suspected nuclear
        facilities, are unprecedented actions which could greatly
        undermine efforts to stop nuclear proliferation.
            (10) Brazil and Argentina had substantial programs to build
        nuclear weapons and South Africa has admitted developing and
        building 6 nuclear weapons, but in response to reduced regional
        tensions and other factors, all 3 countries have renounced
        nuclear weapons and accepted IAEA safeguards for all of their
        nuclear facilities, and South Africa has acceded to the Non-
        Proliferation Treaty as a non-nuclear weapon state.
            (11) United States security interests and current policy
        and practices are consistent with the terms of the South
        Pacific Nuclear Free Zone Treaty which, like nuclear weapons
        free zones in Latin America, South Asia, and the Middle East
        that the United States supports, can contribute to efforts to
        avoid regional conflicts and prevent arms races.
            (12) The IAEA is a valuable tool to counter proliferation,
        but the effectiveness of its system to safeguard nuclear
        materials may be adversely affected by institutional and
        financial constraints.
            (13) The Nuclear Non-Proliferation Treaty, which codifies
        world consensus against further nuclear proliferation and is
        scheduled for review and extension in 1995, should be expanded
        in membership and extended indefinitely, and additional steps
        should be taken to strengthen the international nuclear
        nonproliferation regime.
            (14) The Nuclear Nonproliferation Act of 1978 declared that
        the United States is committed to continued strong support for
        the Nuclear Non-Proliferation Treaty and to a strengthened and
        more effective IAEA, and established that it is United States
        policy to establish more effective controls over the transfer
        of nuclear equipment, materials, and technology.
            (15) The goal of the United States is to end the further
        spread of nuclear weapons capability, roll back nuclear
        proliferation where it has occurred, and prevent the use of
        nuclear weapons anywhere in the world. To that end the United
        States should adopt a comprehensive nuclear nonproliferation
        policy.

SEC. 3. COMPREHENSIVE NUCLEAR NONPROLIFERATION POLICY.

    In order to end nuclear proliferation and reduce current nuclear
arsenals and supplies of weapons-usable nuclear materials, it shall be
the policy of the United States to pursue the following objectives:
            (1) Encourage Ukraine to join Kazakhstan and Belarus in
        ratifying the START I treaty and encourage Ukraine and
        Kazakhstan to join Belarus in voting to accede to the Nuclear
        Non-Proliferation Treaty as non-nuclear weapon states in the
        shortest possible time.
            (2) Encourage Belarus, Ukraine, and Kazakhstan to remove
        all nuclear weapons from their territory, accept IAEA
        safeguards over all of their nuclear facilities, and implement
        effective controls on nuclear and nuclear-related dual-use
        exports.
            (3) Reach an agreement with the Russian Federation--
                    (A) to deactivate and retire from field deployment
                on an accelerated schedule all weapons to be withdrawn
                under the START I treaty and the START II treaty;
                    (B) on data exchanges and inspection arrangements
                to verify the elimination of all nuclear weapons
                scheduled to be withdrawn under the START I treaty and
                the START II treaty; and
                    (C) to place all fissile material from such weapons
                under bilateral or international controls, or both.
            (4) Prepare for the ratification of the START II treaty by
        seeking the exchange of information between the United States
        and the Russian Federation on nuclear weapons stockpiles and
        fissile material facilities and inventories as required by the
        United States Senate as a condition to its approval of the
        START I Treaty.
            (5) Conclude a multilateral comprehensive nuclear test ban
        treaty by early 1995, before the conference to renew and extend
        the Nuclear Non-Proliferation Treaty is held.
            (6) Ratify the START II treaty in the United States and
        encourage ratification of that treaty by the Russian
        Federation, and reach agreement with the Russian Federation to
        end the production of new types of nuclear warheads.
            (7) Conclude a multilateral agreement to reduce the
        strategic nuclear arsenals of the United States and the Russian
        Federation to within a range of 1,000 to 2,000 each, with lower
        levels for the United Kingdom, France, and the People's
        Republic of China.
            (8) Conclude additional multilateral agreements to
        significantly and continuously reduce the nuclear arsenals of
        all countries through a stage-by-stage process.
            (9) Reach immediate agreement with the Russian Federation
        to halt permanently the production of fissile material for
        weapons purposes, and achieve worldwide agreements to--
                    (A) end by 1995 the production of fissile material
                for any purpose;
                    (B) place existing stockpiles of such materials
                under bilateral or international controls; and
                    (C) require all countries to place all of their
                nuclear facilities dedicated to peaceful purposes under
                IAEA safeguards.
            (10) Strengthen IAEA safeguards to more effectively verify
        that countries are complying with their nonproliferation
        commitments and provide the IAEA with the political, technical,
        and financial support necessary to implement the necessary
        safeguard reforms.
            (11) Strengthen nuclear export controls in the United
        States and other nuclear supplier nations, impose sanctions on
        individuals, companies, and countries which contribute to
        nuclear proliferation, and provide increased public information
        on nuclear export licenses approved in the United States.
            (12) Reduce incentives for countries to pursue the
        acquisition of nuclear weapons by seeking to reduce regional
        tensions and to strengthen regional security agreements, and
        encourage the United Nations Security Council to increase its
        role in enforcing international nuclear nonproliferation
        agreements.
            (13) Support the indefinite extension of the Nuclear Non-
        Proliferation Treaty at the 1995 conference to review and
        extend that treaty and seek to ensure that all countries sign
        the treaty or participate in a comparable international regime
        for monitoring and safeguarding nuclear facilities and
        materials.
            (14) Adopt a United States policy of ``no first use'' of
        nuclear weapons, reach agreement with the other nuclear weapon
        states to adopt such a policy and to assist immediately any
        country which is a party to the Nuclear Non-Proliferation
        Treaty should the use of nuclear weapons be initiated against
        such country.
            (15) Conclude a verifiable bilateral agreement with the
        Russian Federation under which both countries withdraw from
        their arsenals and dismantle all tactical nuclear weapons, and
        seek to extend to all nuclear weapon states this zero option
        for tactical nuclear weapons.
            (16) Sign the appropriate protocols to the South Pacific
        Nuclear Free Zone Treaty.

SEC. 4. REQUIREMENTS FOR IMPLEMENTATION OF POLICY.

    (a) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, and not later than February 1 of each year
thereafter, the President shall submit to the Congress a report on--
            (1) the actions the United States has taken and the actions
        the United States plans to take during the succeeding 12-month
        period to implement each of the policy objectives set forth in
        this Act;
            (2) actions which have been taken by the Russian
        Federation, by the other former Soviet republics, and by other
        countries and institutions to achieve those policy objectives;
        and
            (3) obstacles that have been encountered in seeking to
        implement those policy objectives.
Each such report shall be submitted in unclassified form, with a
classified appendix if necessary.
    (b) Report on Nuclear Stockpile Information.--The President shall
submit a report to the Congress on the specific actions that have been
taken and those that are planned to comply with Condition 8 concerning
the ``Nuclear Stockpile Weapons Arrangement'' of the Senate resolution
of ratification of the START I treaty (Treaty Doc. 102-20 and 102-32).

SEC. 5. DEFINITIONS.

    As used in this Act--
            (1) the term ``fissile materials'' means highly enriched
        uranium and plutonium;
            (2) the term ``highly enriched uranium'' means uranium
        enriched to 20 percent or more in the isotope U-235;
            (3) the term ``IAEA'' means the International Atomic Energy
        Agency;
            (4) the term ``IAEA safeguards'' means the safeguards set
        forth in an agreement between a country and the IAEA, as
        authorized by Article III(A)(5) of the Statute of the
        International Atomic Energy Agency;
            (5) a policy of ``no first use'' of nuclear weapons means a
        commitment not to initiate the use of nuclear weapons;
            (6) the term ``non-nuclear weapon state'' means any country
        that is not a nuclear weapon state;
            (7) the term ``Nuclear Non-Proliferation Treaty'' means the
        Treaty on the Non-Proliferation of Nuclear Weapons, signed at
        Washington, London, and Moscow on July 1, 1968;
            (8) the term ``nuclear weapon state'' means any country
        that is a nuclear-weapon state, as defined by Article IX(3) of
        the Treaty on the Non-Proliferation of Nuclear Weapons, signed
        at Washington, London, and Moscow on July 1, 1968;
            (9) the term ``START I treaty'' means the Treaty on the
        Reduction of Strategic Offensive Arms, signed by the United
        States and the Union of Soviet Socialist Republics on July 31,
        1991; and
            (10) the term ``START II treaty'' means the Treaty on
        Further Reductions and Limitations of Strategic Offensive Arms,
        signed by the United States and the Russian Federation on
        January 3, 1993.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Security Act of 2003''.

SEC. 2. DEFINITIONS.

    Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is
amended--
            (1) by redesignating subsection jj. as subsection ii.; and
            (2) by adding at the end the following:
    ``jj. Design Basis Threat.--The term `design basis threat' means
the design basis threat established by the Commission under section
73.1 of title 10, Code of Federal Regulations (or any successor
regulation developed under section 170C).
    ``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear
facility' means--
            ``(1) a commercial nuclear power plant and associated spent
        fuel storage facility;
            ``(2) a decommissioned nuclear power plant and associated
        spent fuel storage facility;
            ``(3) a category I fuel cycle facility;
            ``(4) a gaseous diffusion plant; and
            ``(5) any other facility licensed by the Commission, or
        used in the conduct of an activity licensed by the Commission,
        that the Commission determines should be treated as a sensitive
        nuclear facility under section 170C.''.

SEC. 3. NUCLEAR SECURITY.

    (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following:

``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES AGAINST THE
              DESIGN BASIS THREAT.

    ``(a) Definitions.--In this section:
            ``(1) Nuclear security force.--The term `nuclear security
        force' means the nuclear security force established under
        subsection (b)(1).
            ``(2) Fund.--The term `Fund' means the Nuclear Security
        Fund established under subsection (e).
            ``(3) Qualification standard.--The term `qualification
        standard' means a qualification standard established under
        subsection (d)(2)(A).
            ``(4) Security plan.--The term `security plan' means a
        security plan developed under subsection (b)(2).
    ``(b) Nuclear Security.--The Commission shall--
            ``(1) establish a nuclear security force, the members of
        which shall be employees of the Commission, to provide for the
        security of all sensitive nuclear facilities against the design
        basis threat; and
            ``(2) develop and implement a security plan for each
        sensitive nuclear facility to ensure the security of all
        sensitive nuclear facilities against the design basis threat.
    ``(c) Security Plans.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of this section, the Commission shall develop a
        security plan for each sensitive nuclear facility to ensure the
        protection of each sensitive nuclear facility against the
        design basis threat.
            ``(2) Elements of the plan.--A security plan shall
        prescribe--
                    ``(A) the deployment of the nuclear security force,
                including--
                            ``(i) numbers of the members of the nuclear
                        security force at each sensitive nuclear
                        facility;
                            ``(ii) tactics of the members of the
                        nuclear security force at each sensitive
                        nuclear facility; and
                            ``(iii) capabilities of the members of the
                        nuclear security force at each sensitive
                        nuclear facility;
                    ``(B) other protective measures, including--
                            ``(i) designs of critical control systems
                        at each sensitive nuclear facility;
                            ``(ii) restricted personnel access to each
                        sensitive nuclear facility;
                            ``(iii) perimeter site security, internal
                        site security, and fire protection barriers;
                            ``(iv) increases in protection for spent
                        fuel storage areas;
                            ``(v) placement of spent fuel in dry cask
                        storage; and
                            ``(vi) background security checks for
                        employees and prospective employees; and
                    ``(C) a schedule for completing the requirements of
                the security plan not later than 18 months after the
                date of enactment of this section.
            ``(3) Additional requirements.--A holder of a license for a
        sensitive nuclear facility under section 103 or 104 or the
        State or local government in which a sensitive nuclear facility
        is located may petition the Commission for additional
        requirements in the security plan for the sensitive nuclear
        facility.
            ``(4) Implementation of security plan.--Not later than 270
        days after the date of enactment of this section, the
        Commission, in consultation with a holder of a license for a
        sensitive nuclear facility under section 103 or 104, shall, by
        direct action of the Commission or by order requiring action by
        the licensee, implement the security plan for the sensitive
        nuclear facility in accordance with the schedule under
        paragraph (2)(C).
            ``(5) Sufficiency of security plan.--If at any time the
        Commission determines that the implementation of the
        requirements of the security plan for a sensitive nuclear
        facility is insufficient to ensure the security of the
        sensitive nuclear facility against the design basis threat, the
        Commission shall immediately submit to Congress and the
        President a classified report that--
                    ``(A) identifies the vulnerability of the sensitive
                nuclear facility; and
                    ``(B) recommends actions by Federal, State, or
                local agencies to eliminate the vulnerability.
    ``(d) Nuclear Security Force.--
            ``(1) In general.--Not later than 90 days after the date of
        the enactment of this section, the Commission, in consultation
        with other Federal agencies, as appropriate, shall establish a
        program for the hiring and training of the nuclear security
        force.
            ``(2) Hiring.--
                    ``(A) Qualification standards.--Not later than 30
                days after the date of enactment of this section, the
                Commission shall establish qualification standards that
                individuals shall be required to meet to be hired by
                the Commission as members of the nuclear security
                force.
                    ``(B) Examination.--The Commission shall develop
                and administer a nuclear security force personnel
                examination for use in determining the qualification of
                individuals seeking employment as members of the
                nuclear security force.
                    ``(C) Criminal and security background checks.--The
                Commission shall require that an individual to be hired
                as a member of the nuclear security force undergo a
                criminal and security background check.
                    ``(D) Disqualification of individuals who present
                national security risks.--The Commission, in
                consultation with the heads of other Federal agencies,
                as appropriate, shall establish procedures, in addition
                to any background check conducted under subparagraph
                (B), to ensure that no individual who presents a threat
                to national security is employed as a member of the
                nuclear security force.
            ``(3) Annual proficiency review.--
                    ``(A) In general.--The Commission shall provide
                that an annual evaluation of each member of the nuclear
                security force is conducted and documented.
                    ``(B) Requirements for continuation.--An individual
                employed as a member of the nuclear security force may
                not continue to be employed in that capacity unless the
                evaluation under subparagraph (A) demonstrates that the
                individual--
                            ``(i) continues to meet all qualification
                        standards;
                            ``(ii) has a satisfactory record of
                        performance and attention to duty; and
                            ``(iii) has the knowledge and skills
                        necessary to vigilantly and effectively provide
                        for the security of a sensitive nuclear
                        facility against the design basis threat.
            ``(4) Training.--
                    ``(A) In general.--The Commission shall provide for
                the training of each member of the nuclear security
                force to ensure each member has the knowledge and
                skills necessary to provide for the security of a
                sensitive nuclear facility against the design basis
                threat.
                    ``(B) Training plan.--Not later than 60 days after
                the date of enactment of this section, the Commission
                shall develop a plan for the training of members of the
                nuclear security force.
                    ``(C) Use of other agencies.--The Commission may
                enter into a memorandum of understanding or other
                arrangement with any other Federal agency with
                appropriate law enforcement responsibilities, to
                provide personnel, resources, or other forms of
                assistance in the training of members of the nuclear
                security force.
    ``(e) Nuclear Security Fund.--
            ``(1) Establishment.--There is established in the Treasury
        of the United States a fund to be known as the `Nuclear
        Security Fund', which shall be used by the Commission to
        administer programs under this section to provide for the
        security of sensitive nuclear facilities.
            ``(2) Deposits in the fund.--The Commission shall deposit
        in the Fund--
                    ``(A) the amount of fees collected under paragraph
                (5); and
                    ``(B) amounts appropriated under subsection (f).
            ``(3) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury
                shall invest such portion of the Fund as is not, in the
                judgment of the Secretary of the Treasury, required to
                meet current withdrawals. Investments may be made only
                in interest-bearing obligations of the United States.
                    ``(B) Acquisition of obligations.--For the purpose
                of investments under subparagraph (A), obligations may
                be acquired--
                            ``(i) on original issue at the issue price;
                        or
                            ``(ii) by purchase of outstanding
                        obligations at the market price.
                    ``(C) Sale of obligations.--Any obligation acquired
                by the Fund may be sold by the Secretary of the
                Treasury at the market price.
                    ``(D) Credits to fund.--The interest on, and the
                proceeds from the sale or redemption of, any
                obligations held in the Fund shall be credited to and
                form a part of the Fund.
            ``(4) Use of amounts in the fund.--The Commission shall use
        amounts in the Fund to pay the costs of--
                    ``(A) salaries, training, and other expenses of the
                nuclear security force; and
                    ``(B) developing and implementing security plans.
            ``(5) Fee.--To ensure that adequate amounts are available
        to provide assistance under paragraph (4), the Commission shall
        assess licensees a fee in an amount determined by the
        Commission.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
    (b) Implementation.--The Commission shall complete the full
implementation of the amendment made by subsection (a) as soon as
practicable after the date of enactment of this Act, but in no event
later than 270 days after the date of enactment of this Act.
    (c) Technical and Conforming Amendment.--The table of contents for
chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is
amended by adding at the end the following:

``170B. Uranium supply.
``170C. Protection of sensitive nuclear facilities against the design
                            basis threat.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nurturing And Supporting Healthy
Babies Act'' or as the ``NAS Healthy Babies Act''.

SEC. 2. GAO REPORT ON NEONATAL ABSTINENCE SYNDROME (NAS).

    (a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance and the Committee on
Health, Education, Labor and Pensions of the Senate a report on
neonatal abstinence syndrome (in this section referred to as ``NAS'')
in the United States.
    (b) Information To Be Included in Report.--Such report shall
include information on the following:
            (1) The prevalence of NAS in the United States, including
        the proportion of children born in the United States with NAS
        who are eligible for medical assistance under State Medicaid
        programs under title XIX of the Social Security Act at birth
        and the costs associated with NAS through such programs.
            (2) The services for which coverage is available under
        State Medicaid programs for treatment of infants with NAS.
            (3) The settings (including inpatient, outpatient,
        hospital-based, and other settings) for the treatment of
        infants with NAS and the reimbursement methodologies and costs
        associated with such treatment in such settings.
            (4) The prevalence of utilization of various care settings
        under State Medicaid programs for treatment of infants with NAS
        and any Federal barriers to treating such infants under such
        programs, particularly in non-hospital-based settings.
            (5) What is known about best practices for treating infants
        with NAS.
    (c) Recommendations.--Such report also shall include such
recommendations as the Comptroller General determines appropriate for
improvements that will ensure access to treatment for infants with NAS
under State Medicaid programs.

SEC. 3. EXCLUDING ABUSE-DETERRENT FORMULATIONS OF PRESCRIPTION DRUGS
              FROM THE MEDICAID ADDITIONAL REBATE REQUIREMENT FOR NEW
              FORMULATIONS OF PRESCRIPTION DRUGS.

    (a) In General.--The last sentence of section 1927(c)(2)(C) of the
Social Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by
inserting before the period at the end the following: ``, but does not
include an abuse-deterrent formulation of the drug (as determined by
the Secretary), regardless of whether such abuse-deterrent formulation
is an extended release formulation''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to drugs that are paid for by a State in calendar quarters
beginning on or after the date of the enactment of this Act.

SEC. 4. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS
              TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND
              ABUSE.

    (a) In General.--Title XI of the Social Security Act is amended by
inserting after section 1128J (42 U.S.C. 1320a-7k) the following new
section:

``SEC. 1128K. DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS
              TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND
              ABUSE.

    ``(a) Reference to Predictive Modeling Technologies Requirements.--
For provisions relating to the use of predictive modeling and other
analytics technologies to identify and prevent waste, fraud, and abuse
with respect to the Medicare program under title XVIII, the Medicaid
program under title XIX, and the Children's Health Insurance Program
under title XXI, see section 4241 of the Small Business Jobs Act of
2010 (42 U.S.C. 1320a-7m).
    ``(b) Limiting Disclosure of Predictive Modeling Technologies.--In
implementing such provisions under such section 4241 with respect to
covered algorithms (as defined in subsection (c)), the following shall
apply:
            ``(1) Nonapplication of foia.--The covered algorithms used
        or developed for purposes of such section (including by the
        Secretary or a State (or an entity operating under a contract
        with a State)) shall be exempt from disclosure under section
        552(b)(3) of title 5, United States Code.
            ``(2) Limitation with respect to use and disclosure of
        information by state agencies.--
                    ``(A) In general.--A State agency may not use or
                disclose covered algorithms used or developed for
                purposes of such section except for purposes of
                administering the State plan (or a waiver of the plan)
                under the Medicaid program under title XIX or the State
                child health plan (or a waiver of the plan) under the
                Children's Health Insurance Program under title XXI,
                including by enabling an entity operating under a
                contract with a State to assist the State to identify
                or prevent waste, fraud, and abuse with respect to such
                programs.
                    ``(B) Information security.--A State agency shall
                have in effect data security and control policies that
                the Secretary finds adequate to ensure the security of
                covered algorithms used or developed for purposes of
                such section 4241 and to ensure that access to such
                information is restricted to authorized persons for
                purposes of authorized uses and disclosures described
                in subparagraph (A).
                    ``(C) Procedural requirements.--State agencies to
                which information is disclosed pursuant to such section
                4241 shall adhere to uniform procedures established by
                the Secretary.
    ``(c) Covered Algorithm Defined.--In this section, the term
`covered algorithm'--
            ``(1) means a predictive modeling or other analytics
        technology, as used for purposes of section 4241(a) of the
        Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to
        identify and prevent waste, fraud, and abuse with respect to
        the Medicare program under title XVIII, the Medicaid program
        under title XIX, and the Children's Health Insurance Program
        under title XXI; and
            ``(2) includes the mathematical expressions utilized in the
        application of such technology and the means by which such
        technology is developed.''.
    (b) Conforming Amendments.--
            (1) Medicaid state plan requirement.--Section 1902(a) of
        the Social Security Act (42 U.S.C. 1396a(a)) is amended--
                    (A) in paragraph (80), by striking ``and'' at the
                end;
                    (B) in paragraph (81), by striking the period at
                the end and inserting ``; and''; and
                    (C) by inserting after paragraph (81) the following
                new paragraph:
            ``(82) provide that the State agency responsible for
        administering the State plan under this title provides
        assurances to the Secretary that the State agency is in
        compliance with subparagraphs (A), (B), and (C) of section
        1128K(b)(2).''.
            (2) State child health plan requirement.--Section
        2102(a)(7) of the Social Security Act (42 U.S.C. 1397bb(a)(7))
        is amended--
                    (A) in subparagraph (A), by striking ``, and'' at
                the end and inserting a semicolon;
                    (B) in subparagraph (B), by striking the period at
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(C) to ensure that the State agency involved is
                in compliance with subparagraphs (A), (B), and (C) of
                section 1128K(b)(2).''.

SEC. 5. MEDICAID IMPROVEMENT FUND.

    Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w-
1(b)(1)) is amended to read as follows:
            ``(1) In general.--There shall be available to the Fund,
        for expenditures from the Fund for fiscal year 2021 and
        thereafter, $5,000,000.''.

            Passed the House of Representatives May 11, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Office of Government Ethics
Authorization Act of 1996''.

SEC. 2. GIFT ACCEPTANCE AUTHORITY.

    Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App.
5) is amended--
        (1) by inserting ``(a)'' before ``Upon the request''; and
        (2) by adding at the end the following:
    ``(b)(1) The Director is authorized to accept and utilize on behalf
of the United States, any gift, donation, bequest, or devise of money,
use of facilities, personal property, or services for the purpose of
aiding or facilitating the work of the Office of Government Ethics.
    ``(2) No gift may be accepted--
        ``(A) that attaches conditions inconsistent with applicable
    laws or regulations; or
        ``(B) that is conditioned upon or will require the expenditure
    of appropriated funds that are not available to the Office of
    Government Ethics.
    ``(3) The Director shall establish written rules setting forth the
criteria to be used in determining whether the acceptance of
contributions of money, services, use of facilities, or personal
property under this subsection would reflect unfavorably upon the
ability of the Office of Government Ethics, or any employee of such
Office, to carry out its responsibilities or official duties in a fair
and objective manner, or would compromise the integrity or the
appearance of the integrity of its programs or any official involved in
those programs.''.

SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.

    The text of section 405 of the Ethics in Government Act of 1978 (5
U.S.C. App. 5) is amended to read as follows: ``There are authorized to
be appropriated to carry out this title such sums as may be necessary
for each of fiscal years 1997 through 1999.''.

SEC. 4. REPEAL AND CONFORMING AMENDMENTS.

    (a) Repeal of Display Requirement.--The Act entitled ``An Act to
provide for the display of the Code of Ethics for Government Service,''
approved July 3, 1980 (5 U.S.C. 7301 note), is repealed.
    (b) Conforming Amendments.--
        (1) FDIA.--Section 12(f)(3) of the Federal Deposit Insurance
    Act (12 U.S.C. 1822(f)(3)) is amended by striking ``, with the
    concurrence of the Office of Government Ethics,''.
        (2) Ethics in government act of 1978.--(A) The heading for
    section 401 of the Ethics in Government Act of 1978 is amended to
    read as follows:

               ``ESTABLISHMENT; APPOINTMENT OF DIRECTOR''.

        (B) Section 408 of such Act is amended by striking ``March 31''
    and inserting ``April 30''.

SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.

    Section 207(j) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
        ``(7) Political parties and campaign committees.--(A) Except as
    provided in subparagraph (B), the restrictions contained in
    subsections (c), (d), and (e) shall not apply to a communication or
    appearance made solely on behalf of a candidate in his or her
    capacity as a candidate, an authorized committee, a national
    committee, a national Federal campaign committee, a State
    committee, or a political party.
        ``(B) Subparagraph (A) shall not apply to--
            ``(i) any communication to, or appearance before, the
        Federal Election Commission by a former officer or employee of
        the Federal Election Commission; or
            ``(ii) a communication or appearance made by a person who
        is subject to the restrictions contained in subsections (c),
        (d), or (e) if, at the time of the communication or appearance,
        the person is employed by a person or entity other than--
                ``(I) a candidate, an authorized committee, a national
            committee, a national Federal campaign committee, a State
            committee, or a political party; or
                ``(II) a person or entity who represents, aids, or
            advises only persons or entities described in subclause
            (I).
        ``(C) For purposes of this paragraph--
            ``(i) the term `candidate' means any person who seeks
        nomination for election, or election, to Federal or State
        office or who has authorized others to explore on his or her
        behalf the possibility of seeking nomination for election, or
        election, to Federal or State office;
            ``(ii) the term `authorized committee' means any political
        committee designated in writing by a candidate as authorized to
        receive contributions or make expenditures to promote the
        nomination for election, or the election, of such candidate, or
        to explore the possibility of seeking nomination for election,
        or the election, of such candidate, except that a political
        committee that receives contributions or makes expenditures to
        promote more than 1 candidate may not be designated as an
        authorized committee for purposes of subparagraph (A);
            ``(iii) the term `national committee' means the
        organization which, by virtue of the bylaws of a political
        party, is responsible for the day-to-day operation of such
        political party at the national level;
            ``(iv) the term `national Federal campaign committee' means
        an organization that, by virtue of the bylaws of a political
        party, is established primarily for the purpose of providing
        assistance, at the national level, to candidates nominated by
        that party for election to the office of Senator or
        Representative in, or Delegate or Resident Commissioner to, the
        Congress;
            ``(v) the term `State committee' means the organization
        which, by virtue of the bylaws of a political party, is
        responsible for the day-to-day operation of such political
        party at the State level;
            ``(vi) the term `political party' means an association,
        committee, or organization that nominates a candidate for
        election to any Federal or State elected office whose name
        appears on the election ballot as the candidate of such
        association, committee, or organization; and
            ``(vii) the term `State' means a State of the United
        States, the District of Columbia, the Commonwealth of Puerto
        Rico, and any territory or possession of the United States.''.

SEC. 6. PAY LEVEL.

    Section 207(c)(2)(A)(ii) of title 18, United States Code, is
amended by striking ``level V of the Executive Schedule,'' and
inserting ``level 5 of the Senior Executive Service,''.

                               Speaker of the House of Representatives.

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


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oklahoma City Victims Compensation
Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) on April 19, 1995, Public Law 100-440 set a minimum
        staffing level of Federal Police Officers at 1,000 Full Time
        Equivalent personnel for the Federal Protective Service;
            (2) on April 19, 1995, and before the Federal Protective
        Service and its parent agency the General Services
        Administration was charged with providing security and law
        enforcement for Federal properties;
            (3) on April 19, 1995, and before that the Federal
        Protective Service failed to meet the required minimum staffing
        level by a significant margin in excess of 60 percent of the
        mandate;
            (4) on April 29, 1995, and before the Federal Protective
        Service provided only one non-law enforcement guard for three
        or more buildings (including the Murrah Federal Building) in
        the downtown area of Oklahoma City;
            (5) on April 19, 1995, and before the Federal Protective
        Service and its parent Agency the General Services
        Administration were aware of the noncompliance with Public Law
        100-440 and the possible liabilities resulting therefrom;
            (6) on April 19, 1995, and before the Federal Protective
        Service and its parent Agency the General Services
        Administration failed to provide adequate protection and
        deterrence to Federal properties; and
            (7) on April 19, 1995, the Federal Protective Service and
        its parent agency the General Services Administration were
        negligent in the provision of law enforcement personnel and the
        security needs of the Murrah Federal Building in Oklahoma City,
        Oklahoma.

SEC. 3. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Claimant.--The term ``claimant'' means an individual
        filing a claim for compensation under section 5(a)(1).
            (2) Collateral source.--The term ``collateral source''
        means all collateral sources, including life insurance, pension
        funds, death benefit programs, and payments by Federal, State,
        or local governments related to the bombings of the Murrah
        Federal Building on April 19, 1995.
            (3) Economic loss.--The term ``economic loss'' means any
        pecuniary loss resulting from harm (including the loss of
        earnings or other benefits related to employment, medical
        expense loss, replacement services loss, loss due to death,
        burial costs, and loss of business or employment opportunities)
        to the extent recovery for such loss is allowed under
        applicable State law.
            (4) Eligible individuals.--The term ``eligible
        individuals'' means an individual determined to be eligible for
        compensation under section 5(c).
            (5) Noneconomic losses.--The term ``noneconomic losses''
        means losses for physical and emotional pain, suffering,
        inconvenience, physical impairment, mental anguish,
        disfigurement, loss of enjoyment of life, loss of society and
        companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature.
            (6) Special master.--The term ``Special Master'' means the
        Special Master appointed under section 404(a) of the September
        11th Victim Compensation Fund of 2001 (title IV of the Air
        Transportation Safety and System Stabilization Act (Public Law
        107-42; 115 Stat. XX)).

SEC. 4. PURPOSE.

    It is the purpose of this Act to provide compensation to any
individual (or relatives of a deceased individual) who was physically
injured or killed as a result of the bombing of the Murrah Federal
Building in Oklahoma City, Oklahoma, on April 19, 1995.

SEC. 5. ADMINISTRATION.

    (a) In General.--The Attorney General, acting through the Special
Master, shall--
            (1) administer the compensation program established under
        this Act;
            (2) promulgate all procedural and substantive rules for the
        administration of this Act; and
            (3) employ and supervise hearing officers and other
        administrative personnel to perform the duties of the Special
        Master under this Act.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to pay the administrative
and support costs for the Special Master in carrying out this Act.

SEC. 6. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.

    (a) Filing of Claims.--
            (1) In general.--A claimant may file a claim for
        compensation under this Act with the Special Master. The claim
        shall be on the form developed under paragraph (2) and shall
        state the factual basis for eligibility for compensation and
        the amount of compensation sought.
            (2) Claim form.--
                    (A) In general.--The Special Master shall develop a
                claim form that claimants shall use when submitting
                claims under paragraph (1). The Special Master shall
                ensure that such form can be filed electronically, if
                determined to be practicable.
                    (B) Contents.--The form developed under
                subparagraph (A) shall request--
                            (i) information from the claimant
                        concerning the physical harm that the claimant
                        suffered, or in the case of a claim filed on
                        behalf of a decedent information confirming the
                        decedent's death, as a result of the bombing of
                        the Murrah Federal Building in Oklahoma City,
                        Oklahoma, on April 19, 1995;
                            (ii) information from the claimant
                        concerning any possible economic and
                        noneconomic losses that the claimant suffered
                        as a result of such bombings; and
                            (iii) information regarding collateral
                        sources of compensation the claimant has
                        received or is entitled to receive as a result
                        of such bombings.
            (3) Limitation.--No claim may be filed under paragraph (1)
        after the date that is 2 years after the date on which
        regulations are promulgated under section 8.
    (b) Review and Determination.--
            (1) Review.--The Special Master shall review a claim
        submitted under subsection (a) and determine--
                    (A) whether the claimant is an eligible individual
                under subsection (c);
                    (B) with respect to a claimant determined to be an
                eligible individual--
                            (i) the extent of the harm to the claimant,
                        including any economic and noneconomic losses;
                        and
                            (ii) the amount of compensation to which
                        the claimant is entitled based on the harm to
                        the claimant, the facts of the claim, and the
                        individual circumstances of the claimant.
            (2) Negligence.--With respect to a claimant, the Special
        Master shall not consider negligence or any other theory of
        liability.
            (3) Determination.--Not later than 120 days after that date
        on which a claim is filed under subsection (a), the Special
        Master shall complete a review, make a determination, and
        provide written notice to the claimant, with respect to the
        matters that were the subject of the claim under review. Such a
        determination shall be final and not subject to judicial
        review.
            (4) Rights of claimant.--A claimant in a review under
        paragraph (1) shall have--
                    (A) the right to be represented by an attorney;
                    (B) the right to present evidence, including the
                presentation of witnesses and documents; and
                    (C) any other due process rights determined
                appropriate by the Special Master.
    (c) Eligibility.--
            (1) In general.--A claimant shall be determined to be an
        eligible individual for purposes of this subsection if the
        Special Master determines that such claimant--
                    (A) is an individual described in paragraph (2);
                and
                    (B) meets the requirements of paragraph (3).
            (2) Individuals.--A claimant is an individual described in
        this paragraph if the claimant is--
                    (A) a citizen of the United States or legal
                permanent resident who--
                            (i) was present at the Murrah Federal
                        Building or within a two block radius of the
                        Murrah Federal Building, at the time, or in the
                        immediate aftermath, of the bombing of the
                        Murrah Federal Building in Oklahoma City,
                        Oklahoma, on April 19, 1995; and
                            (ii) suffered physical harm or death as a
                        result of such a bombing; or
                    (B) in the case of a decedent who is an individual
                described in subparagraph (A), the personal
                representative of the decedent who files a claim on
                behalf of the decedent.
            (3) Requirements.--
                    (A) Single claim.--Not more than one claim may be
                submitted under this Act by an individual or on behalf
                of a deceased individual.
                    (B) Limitation on civil action.--
                            (i) In general.--Upon the submission of a
                        claim under this Act, the claimant waives the
                        right to file a civil action (or to be a party
                        to an action) in any Federal or State court for
                        damages sustained as a result of the bombing of
                        the Murrah Federal Building in Oklahoma City,
                        Oklahoma, on April 19, 1995. The preceding
                        sentence does not apply to a civil action to
                        recover collateral source obligations or
                        punitive damages.
                            (ii) Pending actions.--In the case of an
                        individual who is a party to a civil action
                        described in clause (i), such individual may
                        not submit a claim under this Act unless such
                        individual withdraws from such action by the
                        date that is 90 days after the date on which
                        regulations are promulgated under section 7.

SEC. 7. PAYMENTS TO ELIGIBLE INDIVIDUALS.

    (a) In general.--Not later than 20 days after the date on which a
determination is made by the Special Master regarding the amount of
compensation due a claimant under this Act, the Special Master shall
authorize payment to such claimant of the amount determined with
respect to the claimant.
    (b) Payment Authority.--This Act constitutes budget authority in
advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment of amounts for
compensation under this Act.
    (c) Additional Funding.--
            (1) In general.--The Attorney General is authorized to
        accept such amounts as may be contributed by individuals,
        business concerns, or other entities to carry out this Act,
        under such terms and conditions as the Attorney General may
        impose.
            (2) Use of separate account.--In making payments under this
        section, amounts contained in any account containing funds
        provided under paragraph (1) shall be used prior to using
        appropriated amounts.

SEC. 8. REGULATIONS.

    Not later than 90 days after the date of enactment of this Act, the
Attorney General, in consultation with the Special Master, shall
promulgate regulations to carry out this Act, including regulations
with respect to--
            (1) forms to be used in submitting claims under this Act;
            (2) the information to be included in such forms;
            (3) procedures for hearing and the presentation of
        evidence;
            (4) procedures to assist an individual in filing and
        pursuing claims under this Act; and
            (5) other matters determined appropriate by the Attorney
        General.

SEC. 9. RIGHT OF SUBROGATION.

    The United States shall have the right of subrogation with respect
to any claim paid by the United States under this Act.