SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Classroom Safety Act of 2000''.

SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

    (a) Placement in Alternative Educational Setting.--Section 615(k)
of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k))
is amended--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following:
            ``(10) Discipline with regard to weapons.--
                    ``(A) Authority of school personnel.--
                Notwithstanding any other provision of this Act, school
                personnel may discipline (including expel or suspend) a
                child with a disability who--
                            ``(i) carries or possesses a weapon to or
                        at a school, on school premises, or to or at a
                        school function, under the jurisdiction of a
                        State or a local educational agency, or
                            ``(ii) possesses or uses illegal drugs, or
                        sells or solicits the sale of a controlled
                        substance while at a school, on school
                        premises, or to or at a school function, under
                        the jurisdiction of a State or a local
                        educational agency,
                in the same manner in which such personnel may
                discipline a child without a disability. Such personnel
                may modify the disciplinary action on a case-by-case
                basis.
                    ``(B) Rule of construction.--Nothing in
                subparagraph (A) shall be construed to prevent a child
                with a disability who is disciplined pursuant to the
                authority provided under subparagraph (A) from
                asserting a defense that the carrying or possession of
                the weapon, or the possession of an illegal drug or
                sale or solicitation of the sale of a controlled
                substance, was unintentional or innocent.
                    ``(C) Free appropriate public education.--
                            ``(i) Ceasing to provide education.--
                        Notwithstanding section 612(a)(1)(A), a child
                        expelled or suspended under subparagraph (A)
                        shall not be entitled to continue educational
                        services, including a free appropriate public
                        education, under this title, during the term of
                        such expulsion or suspension, if the State in
                        which the local educational agency responsible
                        for providing educational services to such
                        child does not require a child without a
                        disability to receive educational services
                        after being expelled or suspended.
                            ``(ii) Providing education.--
                        Notwithstanding clause (i), the local
                        educational agency responsible for providing
                        educational services to a child with a
                        disability who is expelled or suspended under
                        subparagraph (A) may choose to continue to
                        provide educational services to such child. If
                        the local educational agency so chooses to
                        continue to provide the services--
                                    ``(I) nothing in this title shall
                                require the local educational agency to
                                provide such child with a free
                                appropriate public education, or any
                                particular level of service; and
                                    ``(II) the location where the local
                                educational agency provides the
                                services shall be left to the
                                discretion of the local educational
                                agency.
                    ``(D) Relationship to other requirements.--
                            ``(i) Plan requirements.--No agency shall
                        be considered to be in violation of section 612
                        or 613 because the agency has provided
                        discipline, services, or assistance in
                        accordance with this paragraph.
                            ``(ii) Procedure.--Actions taken pursuant
                        to this paragraph shall not be subject to the
                        provisions of this section, other than this
                        paragraph.''.
    (b) Conforming Amendments.--(1) Section 615(f)(1) of the
Individuals with Disabilities Education Act (20 U.S.C. 1415(f)(1)) is
amended by striking ``Whenever'' and inserting the following: ``Except
as provided in section 615(k)(10), whenever''.
    (2) Section 615(k)(1)(A)(ii) of the Individuals with Disabilities
Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is amended in the matter
preceding subclause (I) by inserting before ``to an appropriate interim
educational setting'' the following: ``except as provided in paragraph
(10),''.

Summary: Authorizes such personnel to modify the disciplinary action on a case-by-case basis. Permits assertion of a defense that the offense was committed unintentionally or innocently. Allows the local educational agency (LEA) responsible for providing educational services to a child with a disability who is expelled or suspended under this Act to choose to continue to provide educational services to such child, but specifies that an LEA that so chooses to continue to provide services: (1) is not required by IDEA to provide such child with a free appropriate public education, or any particular level of service. And (2) has discretion as to the location where it provides the services.

Classroom Safety Act of 2000


SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Prescription Drug
Price Monitoring Commission Act of 1998''.
    (b) Findings.--The Congress finds the following:
            (1) Although prescription drugs represent one of the most
        frequently used medical care interventions in treating common
        acute and chronic diseases, many Americans, especially elderly
        and other vulnerable populations, are unable to afford
        necessary medications because of excessive and persistent
        prescription drug price inflation.
            (2) Between 1981 and 1998, the rate of inflation for
        prescription drugs has increased at over 2.5 times the general
        rate of inflation.
            (3) Because of the limited availability of private or
        public prescription drug coverage for the elderly, prescription
        drugs represent the highest out-of-pocket medical care cost for
        75 percent of elderly patients, surpassed only by costs of
        long-term care services.
            (4) The Federal Government and the American taxpayer
        provide substantial subsidies to the pharmaceutical industry in
        the form of tax incentives, tax write-offs, and grants for
        nonresearch activities.
            (5) According to the most current edition of the Internal
        Revenue Service Corporation Source Book of Statistics of
        Income, the 1994-95 edition, the pharmaceutical industry
        claimed $6,061,807,000 in deductions for advertising and
        marketing of their products.
            (6) The statistic described in paragraph (5) is not
        indicative of the current amounts deducted by prescription drug
        manufacturers, since the Food and Drug Administration Reform
        Act of 1996, effective taxable year 1996, substantially
        expanded the advertising activities the costs of which are
        deductible by the pharmaceutical industry.
            (7) According to the Internal Revenue Service Corporation
        Source Book of Statistics of Income, the pharmaceutical
        industry claimed $2,115,690,000 in tax credits to locate their
        production facilities in United States possessions.
            (8) There is a need to determine whether Federal subsidies
        are used in the most efficient manner by the pharmaceutical
        industry to develop drugs which represent true therapeutic
        advances over those products already on the market.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Prescription
Drug Price Monitoring Commission'' (in this Act referred to as the
``Commission'').

SEC. 3. DUTIES OF COMMISSION.

    (a) Studies.--The Commission shall conduct the following studies:
            (1) A study of the impact of a pharmaceutical price review
        board on containing inflation on the cost of prescription
        pharmaceutical products in the United States.
            (2) A study on how Federal tax credits and subsidies, as
        well as market exclusivity given to the pharmaceutical
        industry, can be used to modify an individual manufacturer's
        pricing behavior and research priorities.
            (3) A study on drug prices in other industrialized nations.
            (4)(A) A study on the feasibility of establishing in the
        United States a pharmaceutical products price review board.
            (B) In conducting the study under subparagraph (A), the
        Commission shall--
                    (i) assess the impact of such a board in other
                industrialized nations, such as Canada, on containing
                the costs of prescription drugs and the introductory
                prices of new drugs;
                    (ii) recommend how such a board might operate in
                the United States, including the membership of the
                Board;
                    (iii) recommend guidelines that might be used by
                the board in determining whether prices or price
                increases for prescription drugs are excessive and
                whether the introductory prices of new drugs are
                excessive; and
                    (iv) recommend incentives for drug manufacturers to
                price their products fairly in the United States,
                including a system of compulsory licensing of
                pharmaceutical products or a reduction in the period of
                market exclusivity as a penalty for excessive
                inflation.
    (b) Reports.--
            (1) Annual reports.--The Commission shall submit to the
        Congress an annual report (by not later than January 1 of each
        year beginning with 1999) which shall include information and
        recommendations regarding national and international drug
        policy issues, such as--
                    (A) trends and changes in prices for prescription
                and nonprescription drugs in the inpatient and
                outpatient setting in the United States;
                    (B) trends and changes in prices for prescription
                drugs in other industrialized nations, such as Canada,
                Japan, Mexico, and countries of the European Union;
                    (C) the scope of coverage, reimbursement, and
                financing under titles XVIII and XIX of the Social
Security Act and other programs that directly provide or receive
Federal funds to provide coverage for or reimbursement of prescription
drugs, such as the Department of Veterans Affairs, the Department of
Defense, and Public Health Service clinics;
                    (D) the availability and affordability of
                prescription drugs for various population groups in the
                United States, and the accessibility and affordability
                of public and private insurance programs for
                prescription drugs for such population groups;
                    (E) changes in the level and nature of use of
                prescription drugs by recipients of benefits under
                titles XVIII and XIX of the Social Security Act, taking
                into account the impact of such changes on aggregate
                expenditures under these titles;
                    (F) recommendations to make prescription drugs more
                affordable and cost-effective for third-party insurers,
                including State-based pharmaceutical assistance and
                general assistance programs;
                    (G) evaluation of technologies available for
                efficient third-party prescription drug program
                administration, such as electronic claims management
                and payment technologies;
                    (H) methods of providing reimbursement under
                Federal health care programs to providers for drug
                products;
                    (I) evaluation of the use and efficiency of all
                Federal tax credits and subsidies given to the
                pharmaceutical industry for various purposes, including
                the tax credit allowed under section 936 of the
                Internal Revenue Code of 1986; and
                    (J) evaluation of the effect of direct marketing on
                price, the volume of sales, and advertising deductions.
            (2) Special report.--The Commission shall submit to the
        Committee on Finance of the United States Senate, the Committee
        on Commerce and the Committee on Ways and Means of the House of
        Representatives, and the Special Committee on Aging of the
        United States Senate, by not later than October 1, 1999, a
        report on the study conducted under subsection (a)(4).

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 7
members appointed as follows:
            (1) The President shall appoint three members.
            (2) The Speaker of the House of Representatives shall
        appoint one member.
            (3) The minority leader of the House of Representatives
        shall appoint one member.
            (4) The majority leader of the Senate shall appoint one
        member.
            (5) The minority leader of the Senate shall appoint one
        member.
    (b) Qualifications.--
            (1) In general.--The membership of the Commission shall
        include the following:
                    (A) Individuals with national recognition for their
                expertise in the provision and financing of inpatient
                and outpatient drugs and biologicals.
                    (B) Individuals with national recognition for their
                expertise in the fields of health care economics and
                quality assurance, medicine, pharmacology, pharmacy,
                and prescription drug reimbursement.
                    (C) Other health care professionals.
                    (D) At least one individual who is an advocate for
                medicare and medicaid recipients.
            (2) Limitation.--No more than 2 individuals who are, or
        have been, in the full- or part-time employ of a pharmaceutical
        company within one year from the date of appointment under
        subsection (a) may be appointed to the Commission at any time.
    (c) Chairman.--The Chairman shall be elected by the members.
    (d) Deadline for Appointment.--Members of the Commission shall be
appointed not later than October 1, 1998.
    (e) Terms.--
            (1) In general.--Each member shall be appointed for the
        life of the Commission.
            (2) Vacancies.--A vacancy in the Commission shall be filled
        in the manner in which the original appointment was made.
    (f) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
    (g) Quorum.--Four members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
    (h) Waiver of Limitation on Executive Schedule Positions.--
Appointments may be made under this section without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service.

SEC. 5. ADMINISTRATIVE PROVISIONS.

    (a) In General.--The following provisions of section 1805 of the
Social Security Act (42 U.S.C. 1395b-6) shall apply to the Commission
in the same manner as they apply to the Medicare Payment Advisory
Commission:
            (1) Subsection (c)(4) (relating to compensation of
        members).
            (2) Subsection (d) (relating to staffing and
        administration).
            (3) Subsection (e) (relating to powers of the Commission
        generally).
    (b) Technical Assistance.--Upon the request of the Commission, the
head of a Federal agency shall provide such technical assistance to the
Commission as the Commission determines to be necessary to carry out
its duties.

SEC. 6. TERMINATION.

    The Commission shall terminate on October 1, 2003.

SEC. 7. STUDY AND REPORT ON FEDERAL SUBSIDIES AND INCENTIVES PROVIDED
              TO THE PHARMACEUTICAL INDUSTRY.

    (a) Study.--The Secretary of Health and Human Services, in
consultation with Secretary of the Treasury, shall conduct a study on
Federal subsidies and incentives provided to the pharmaceutical
industry. Matters studied shall include--
            (1) a determination of the total cost over the 5 preceding
        fiscal years to Federal taxpayers of all Federal subsidies
        provided to the pharmaceutical industry (including tax
        incentives, subsidies, grants, and any other financial
        support);
            (2)(A) the purposes for which such Federal subsidies are
        used by the pharmaceutical industry;
            (B) the Federal role in researching and developing patented
        pharmaceutical products and the extent to which the Federal
        Government should co-license certain drugs and biologicals;
            (C) the extent to which pharmaceutical industry marketing
        research costs are incorporated into allowable Federal tax
        credits;
            (D) comparable financial incentives, subsidies, and tax
        credits provided to the pharmaceutical industry by other
        industrialized nations and the use of such incentives,
        subsidies, and credits by such industry;
            (E) the relationship between the total Federal financial
        support provided to the pharmaceutical industry by the United
        States and other industrialized nations and the prices paid by
        the citizens of such respective nations for prescription drugs;
        and
            (F) the extent to which tax credits provided by the Federal
        Government subsidize total worldwide pharmaceutical industry
        research and development; and
            (3) the relation of Federal tax credits to pharmaceutical
        manufacturers and marketing exclusivity for drug products to--
                    (A) an individual manufacturer's pricing behavior
                in the marketplace; and
                    (B) the relative therapeutic value of new
                pharmaceutical products researched, developed, and
                marketed in the United States.
    (b) Report.--Not later than July 1, 1999, the Secretary of Health
and Human Services, after consultation with the Secretary of the
Treasury, shall submit a report to the Committee on Finance of the
United States Senate, the Committee on Commerce and the Committee on
Ways and Means of the United States House of Representatives, and the
Special Committee on Aging of the United States Senate, on the study
conducted under subsection (a), and shall include such recommendations
as the Secretary of Health and Human Services deems appropriate.

SEC. 8. MANUFACTURER INTERNATIONAL DRUG PRICE REPORTING REQUIREMENTS.

    (a) In General.--Subparagraph (A) of section 1927(b)(3) of the
Social Security Act (42 U.S.C. 1396r-8(b)(3)) is amended--
            (1) by striking ``and'' at the end of clause (i),
            (2) by striking the period at the end of clause (ii) and
        inserting ``, and'', and
            (3) by adding at the end thereof the following new clause:
                            ``(iii) not later than 30 days after the
                        end of each calendar year, the average price at
                        which the manufacturer sold each covered
                        outpatient drug in such calendar year in the
                        following countries: Canada, Australia, Mexico,
                        and the countries of the European Union.''.
    (b) Technical Amendment.--Clause (ii) of section 1927(b)(3)(A) of
such Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by inserting a comma
after ``1990''.

Summary: Prescription Drug Price Monitoring Commission Act of 1998 - Establishes the Prescription Drug Price Monitoring Commission which shall conduct specified studies concerning US pharmaceutical prices, including the establishment of a pharmaceutical products price review board. Terminates the Commission on a specified date. Directs the Secretary of Health and Human Services to study and report on Federal subsidies and incentives provided to the pharmaceutical industry. Amends title XIX (Medicaid) of the Social Security Act to require drug manufacturers participating in the Medicaid rebate program to report within a certain time after the end of each calendar year on the average price at which the manufacturer sold each covered outpatient drug in Canada, Australia, Mexico, and the European Union countries.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemembers Access to Justice Act
of 2012''.

SEC. 2. WAIVER OF SOVEREIGN IMMUNITY UNDER THE ELEVENTH AMENDMENT WITH
              RESPECT TO ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT
              RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.

    (a) In General.--Section 4323 of title 38, United States Code, is
amended--
            (1) in subsection (b), by striking paragraph (2) and
        inserting the following new paragraph:
    ``(2) In the case of an action against a State (as an employer) by
a person, the action may be brought in the appropriate district court
of the United States or State court of competent jurisdiction.'';
            (2) by redesignating subsection (i) as subsection (j); and
            (3) by inserting after subsection (h) the following new
        subsection:
    ``(i) Waiver of State Sovereign Immunity.--(1) A State's receipt or
use of Federal financial assistance for any program or activity of a
State shall constitute a waiver of sovereign immunity, under the
eleventh amendment to the Constitution or otherwise, to a suit brought
by--
            ``(A) a person who is or was an employee in that program or
        activity for the rights or benefits authorized the person by
        this chapter;
            ``(B) a person applying to be such an employee in that
        program or activity for the rights or benefits authorized the
        person by this chapter; or
            ``(C) a person seeking reemployment as an employee in that
        program or activity for the rights or benefits authorized the
        person by this chapter.
    ``(2) In this subsection, the term `program or activity' has the
meaning given that term in section 309 of the Age Discrimination Act of
1975 (42 U.S.C. 6107).''.
    (b) Application.--The amendments made by subsection (a) shall apply
to--
            (1) any failure to comply with a provision of or any
        violation of chapter 43 of title 38, United States Code, that
        occurs before, on, or after the date of the enactment of this
        Act; and
            (2) to all actions or complaints filed under such chapter
        43 that are commenced after the date of the enactment of this
        Act.

SEC. 3. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES REGARDING
              EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
              UNIFORMED SERVICES.

    (a) In General.--Subchapter III of chapter 43 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 4328. Unenforceability of agreements to arbitrate disputes
    ``(a) Protection of Employee Rights.--Notwithstanding any other
provision of law, any clause of any agreement between an employer and
an employee that requires arbitration of a dispute arising under this
chapter shall not be enforceable.
    ``(b) Exceptions.--(1) Subsection (a) shall not apply with respect
to any dispute if, after such dispute arises, the parties involved
knowingly and voluntarily agree to submit such dispute to arbitration.
    ``(2) Subsection (a) shall not preclude the enforcement of any of
the rights or terms of a valid collective bargaining agreement.
    ``(c) Validity and Enforcement.--Any issue as to whether this
section applies to an arbitration clause shall be determined by Federal
law. Except as otherwise provided in chapter 1 of title 9, the validity
or enforceability of an agreement to arbitrate referred to in
subsection (a) or (b)(1), shall be determined by a court, rather than
the arbitrator, irrespective of whether the party resisting arbitration
challenges the agreement to arbitrate specifically or in conjunction
with other terms of the agreement.
    ``(d) Application.--This section shall apply with respect to all
contracts and agreements between an employer and an employee in force
before, on, or after the date of the enactment of this section.''.
    (b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 4326 the
following new item:

``4328. Unenforceability of agreements to arbitrate disputes.''.
    (c) Application.--The provisions of section 4328 of title 38,
United States Code, as added by subsection (a), shall apply to--
            (1) any failure to comply with a provision of or any
        violation of chapter 43 of title 38, United States Code, that
        occurs before, on, or after the date of the enactment of this
        Act; and
            (2) to all actions or complaints filed under such chapter
        43 that are pending on or after the date of the enactment of
        this Act.

SEC. 4. ENHANCED REMEDIES FOR ENFORCEMENT OF EMPLOYMENT AND
              REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.

    (a) State and Private Employers.--Section 4323(d) of title 38,
United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs
        (4) and (5), respectively;
            (2) in paragraph (4) (as so redesignated)--
                    (A) by inserting after ``compensation'' each place
                it appears the following: ``or damages'';
                    (B) by striking ``subparagraph (B) or (C) of
                paragraph (1)'' the first place it appears and
                inserting ``paragraph (1) or (3)''; and
                    (C) by striking ``subparagraph (B) or (C) of
                paragraph (1)'' the second place it appears and
                inserting ``paragraph (1) or (3)''; and
            (3) by striking the subsection enumerator and heading and
        paragraph (1) and inserting the following:
    ``(d) Remedies.--(1) A State or private employer who violates the
provisions of this chapter shall be liable to any person affected--
            ``(A) for damages in the amount of--
                    ``(i) any wages, salary, benefits, or other
                compensation denied or lost by such person by reason of
                the violation; or
                    ``(ii) in a case in which wages, salary, benefits,
                or other compensation have not been denied or lost to
                the person, any actual monetary losses sustained by the
                person as a result of the violation;
            ``(B) the interest on the amount described in subparagraph
        (A) calculated at the prevailing interest rates over the period
        of time for which the damages are due; and
            ``(C) an additional amount as liquidated damages equal to
        the sum of the amount described in subparagraph (A) and the
        interest described in subparagraph (B), or $10,000, whichever
        is greater except that, if the employer proves to the
        satisfaction of the court that the act or omission giving rise
        to the person's action was in good faith and that the employer
        had reasonable grounds for believing the act or omission was
        not a violation of the provisions of this chapter, the court
        may award, in its discretion, no liquidated damages or award
        any amount of liquidated damages not to exceed 100 percent of
        the compensation or damages awarded under subparagraph (A) and
        the interest described in subparagraph (B).
    ``(2) In any action under this section, the court may require the
employer to comply with the provisions of this chapter.''.
    (b) Punitive Damages.--Section 4323(d) of such title is further
amended by inserting after paragraph (2) (as inserted by subsection
(a)(3) of this section) the following new paragraph:
    ``(3) In the case of a violation of this chapter by a State or
private employer with 25 or more employees, the court shall require the
employer to pay the person affected punitive damages if the court
determines that the employer's violation of this chapter was done with
malice or reckless indifference to the rights of the person under this
chapter.''.
    (c) Right to Jury Trial.--Section 4323(d) of such title is further
amended by adding at the end the following:
    ``(6) A person who commences an action under this section shall be
entitled to a trial by jury.''.
    (d) Federal Government Employers.--Paragraph (2) of section 4324(c)
of such title is amended to read as follows:
    ``(2) If the Board determines that a Federal executive agency or
the Office of Personnel Management has violated the provisions of this
chapter relating to the employment or reemployment of a person by the
agency, the Board shall enter an order requiring the agency or Office
to comply with such provisions and to compensate such person--
            ``(A) for damages in the amount of--
                    ``(i) any wages, salary, benefits, or other
                compensation denied or lost by such person by reason of
                the violation; or
                    ``(ii) in a case in which wages, salary, benefits,
                or other compensation has not been denied or lost to
                the person, any actual monetary losses sustained by the
                person as a result of the violation;
            ``(B) the interest on the amount described in subparagraph
        (A) calculated at the prevailing interest rates over the period
        of time for which the damages are due; and
            ``(C) an additional amount as liquidated damages equal to
        the sum of the amount described in subparagraph (A) and the
        interest described in subparagraph (B), or $10,000, whichever
        is greater; except that, if the Federal executive agency or the
        Office of Personnel Management proves to the satisfaction of
        the Board that the act or omission giving rise to such person's
        complaint was in good faith and that the agency or Office had
        reasonable grounds for believing that the act or omission was
        not a violation of the provisions of this chapter, the Board
        may award, in the discretion of the Board, no liquidated
        damages or award any amount of liquidated damages not to exceed
        100 percent of the compensation or damages awarded under
        subparagraph (A) and the interest described in subparagraph
        (B).''.
    (e) Application.--The amendments made by this section shall apply
to--
            (1) any failure to comply with a provision of or any
        violation of chapter 43 of title 38, United States Code, that
        occurs before, on, or after the date of the enactment of this
        Act; and
            (2) to all actions or complaints filed under such chapter
        43 that are commenced after the date of the enactment of this
        Act.

SEC. 5. REQUIRED AWARD OF ATTORNEY FEES IN ACTIONS TO ENFORCE
              EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
              UNIFORMED SERVICES.

    (a) Enforcement of Rights With Respect to a State or Private
Employer.--Section 4323(h)(2) of title 38, United States Code, is
amended by striking ``may'' and inserting ``shall''.
    (b) Enforcement of Rights With Respect to Federal Executive
Agencies.--Section 4324(c)(4) of such title is amended by striking
``the Board may, in its discretion, award'' and inserting ``the Board
shall award''.
    (c) Application.--The amendments made by subsections (a) and (b)
shall apply to--
            (1) any failure to comply with a provision of or any
        violation of chapter 43 of title 38, United States Code, that
        occurs before, on, or after the date of the enactment of this
        Act; and
            (2) to all actions or complaints filed under such chapter
        43 that are pending on or after the date of the enactment of
        this Act.

SEC. 6. REQUIRING EQUITABLE RELIEF WHEN APPROPRIATE.

    (a) In General.--Section 4323(e) of title 38, United States Code,
is amended--
            (1) by striking ``The court shall use,'' and inserting
        ``(1) The court shall use,''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Notwithstanding rule 65 of the Federal Rules of Civil
Procedure or any other provision of law, for purposes of determining
whether to issue an injunction or restraining order pursuant to
paragraph (1)--
            ``(A) an employer's denial of reemployment or retention in
        employment shall constitute irreparable harm to a person who is
        denied reemployment or retention in employment if an injunction
        to reinstate such person is not issued, and such person shall
        be considered to have no adequate remedy at law;
            ``(B) if the court balances the hardships between the
        parties, there shall be a rebuttable presumption that the
        balance of harm to a person who is denied reemployment or
        retention in employment if an injunction to reinstate such
        person is not issued outweighs the harm to such person's
        employer or former employer if an injunction is issued to
        reinstate such person; and
            ``(C) if the court considers the public interest or public
        policy, there shall be a rebuttable presumption that the
        issuance of an injunction to reinstate a person who is denied
        reemployment or retention in employment is in the public
        interest and advances public policy.''.
    (b) Application.--The amendments made by subsection (a) shall apply
to--
            (1) any failure to comply with a provision of or any
        violation of chapter 43 of title 38, United States Code, that
        occurs before, on, or after the date of the enactment of this
        Act; and
            (2) to all actions or complaints filed under such chapter
        43 that are pending on or after the date of the enactment of
        this Act.

SEC. 7. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO CONTRACTORS
              OF POTENTIAL OBLIGATIONS RELATING TO EMPLOYMENT AND
              REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.

    (a) Civilian Agencies.--
            (1) In general.--Chapter 47 of title 41, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 4712. Notice to contractors of potential obligations relating to
              employment and reemployment rights of members of the
              uniformed services
    ``Each contract for the procurement of property or services that is
entered into by the head of an executive agency shall include a notice
to the contractor that the contractor may have obligations under
chapter 43 of title 38, United States Code.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 47 of such title is amended by inserting
        after the item relating to section 4711 the following new item:

``4712. Notice to contractors of potential obligations relating to
                            employment and reemployment rights of
                            members of the uniformed services.''.
    (b) Armed Forces.--
            (1) In general.--Chapter 137 of title 10, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 2336. Notice to contractors of potential obligations relating to
              employment and reemployment rights of members of the
              uniformed services
    ``Each contract for the procurement of property or services that is
entered into by the head of an executive agency shall include a notice
to the contractor that the contractor may have obligations under
chapter 43 of title 38.''.
            (2) Clerical amendment.--The table of sections for such
        chapter is amended by adding at the end the following new item:

``2336. Notice to contractors of potential obligations relating to
                            employment and reemployment rights of
                            members of the uniformed services.''.

SEC. 8. CLARIFYING THAT PROVISIONS OF SECTION 4302 OF TITLE 38, UNITED
              STATES CODE, APPLY TO BOTH SUBSTANTIVE AND PROCEDURAL
              RIGHTS.

    Section 4302 of title 38, United States Code, is amended by
inserting ``substantive or procedural'' before ``right or benefit''
each place it occurs.

SEC. 9. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON EFFECTIVENESS
              OF FEDERAL PROGRAMS OF EDUCATION AND OUTREACH ON EMPLOYER
              OBLIGATIONS REGARDING EMPLOYMENT AND REEMPLOYMENT RIGHTS
              OF MEMBERS OF THE UNIFORMED SERVICES.

    (a) Study Required.--The Comptroller General of the United States
shall conduct a study on the effectiveness of Federal programs of
education and outreach on employer obligations under chapter 43 of
title 38, United States Code.
    (b) Contents of Study.--In carrying out the study required by
subsection (a), the Comptroller General shall--
            (1) assess current practices and procedures of Federal
        agencies for educating employers about their obligations under
        chapter 43 of title 38, United States Code;
            (2) identify best practices for bringing the employment
        practices of small businesses into compliance with such
        chapter;
            (3) determine whether the Employer Support for the Guard
        and Reserve, the Small Business Administration, or other
        agencies could collaborate to develop a program to educate
        employers regarding their obligations under such chapter; and
            (4) determine the effect on recruitment and retention in
        the National Guard and Reserves of the failure of employers to
        meet their reemployment obligations under such chapter.
    (c) Report to Congress.--Not later than December 31, 2012, the
Comptroller General shall submit to Congress a report on the study
conducted under subsection (a), including the following:
            (1) The findings of the Comptroller General with respect to
        such study.
            (2) The recommendations of the Comptroller General for the
        improvement of education and outreach for employers with
        respect to their obligations under chapter 43 of title 38,
        United States Code.

Summary: Servicemembers Access to Justice Act of 2012 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court . Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases. Requires the award of attorney fees in actions to enforce USERRA. Requires a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations. Requires federal procurement contracts to include a notice that the contractor may have USERRA obligations. Requires a Comptroller General study on the effectiveness of federal education and outreach programs on employer obligations under USERRA.

To amend title 38, United States Code, to improve the enforcement of employment and reemployment rights of members of the uniformed services, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserve Access to Care in the Home
(PATCH) Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Home health services are a vital component of the
        benefits that are provided to beneficiaries under the medicare
        program under title XVIII of the Social Security Act.
            (2) Home health services under the medicare program enable
        homebound individuals who are at great risk for costly
        institutionalized care to stay in their own homes and
        communities.
            (3) Implementation of the home health interim payment
        system under the medicare program has inadvertently exacerbated
        payment disparities for home health services between regions,
        penalizing efficient, low-cost home health agencies in rural
        areas and providing insufficient compensation for the care of
        higher acuity, medically complex patients.
            (4) The frequency and volume of prepayment medical reviews,
        including requests for medical records, and other
        administrative changes imposed upon home health agencies,
        particularly those agencies that are located in rural areas,
        has had a devastating effect on smaller care agencies.
            (5) The combination of insufficient payments and new
        administrative changes has precipitated the closure of nearly
        2,000 home health agencies and branch offices and has forced
        many surviving agencies to shrink their service areas or limit
        the types of patients they may serve, resulting in restricted
        access to home health services in many areas.
            (6) The scheduled additional 15 percent across the board
        reduction in home health payments under the medicare program
        will severely compromise existing access to home health
        services, particularly in low-cost rural areas.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To ensure access to care for patients with high medical
        needs by establishing a process for home health agencies to
        exclude high acuity, medically complex patients from the per-
        beneficiary limits under the interim payment system for home
        health services and instead receive cost-based reimbursement
        for services provided such patients.
            (2) To eliminate the 15 percent across the board reduction
        in home health payments under the medicare program.
            (3) To bring relief from certain administrative
        requirements to home health agencies with--
                    (A) strong, established compliance records; and
                    (B) a history of claim denial rates of less than 5
                percent.

SEC. 3. ELIMINATION OF AUTOMATIC 15 PERCENT REDUCTION IN HOME HEALTH
              PAYMENTS.

    (a) Contingency Reduction.--Section 4603 of the Balanced Budget Act
of 1997 (42 U.S.C. 1395fff note) (as amended by section 5101(c)(3) of
the Tax and Trade Relief Extension Act of 1998 (contained in division J
of Public Law 105-277)) is amended by striking subsection (e).
    (b) Prospective Payment System.--Section 1895(b)(3)(A) of the
Social Security Act (42 U.S.C. 1395fff(b)(3)(A)) is amended--
            (1) by striking ``Initial basis.--'' and all that follows
        through ``Under such system'', and inserting ``Initial basis.--
        Under such system'';
            (2) in the matter preceding clause (ii), by striking ``but
        if the reduction in limits described in clause (ii) had been in
        effect''; and
            (3) by striking clause (ii).

SEC. 4. OUTLIER PAYMENTS FOR HOME HEALTH SERVICES.

    (a) Waiver of Applicable Home Health Payment Limits for Outliers.--
            (1) In general.--Section 1861(v)(1)(L) of the Social
        Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section
        5101 of the Tax and Trade Relief Extension Act of 1998
        (contained in Division J of Public Law 105-277) is amended--
                    (A) by redesignating clause (ix) as clause (x); and
                    (B) by inserting after clause (viii) the following:
    ``(ix)(I) Notwithstanding the applicable limit under this
subparagraph, in the case of a provider that demonstrates to the
Secretary that with respect to an individual to whom the provider
furnished home health services appropriate to the individual's
condition (as determined by the Secretary) at a reasonable cost (as
determined by the Secretary), and that such reasonable cost
significantly exceeded such applicable limit because of unusual
variations in the type or amount of medically necessary care required
to treat the individual, the Secretary, upon application by the
provider, shall pay to such provider for such individual such
reasonable cost.
    ``(II) The Secretary shall establish such criteria as is required
for payment under this clause, including a description of the type of
patient, patient condition, unusual variations, and home health service
that qualifies for such payment.
    ``(III) In making determinations under subclause (I), the Secretary
shall use data from the cost report, or from other data collected by
the Secretary, of the provider for such year.
    ``(IV) A provider may make an application for payment under this
clause for a fiscal year no earlier than the end of the cost reporting
period beginning in such fiscal year.
    ``(V) In the case of an application for payment under this clause
that is approved by the Secretary, a home health agency may elect to
receive payment on a quarterly basis.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on September 30, 1999, and apply with respect to each
application for payment of reasonable costs for outliers submitted by
any home health agency for cost reporting periods ending on or after
such date.

SEC. 5. CLARIFICATION OF THE DEFINITION OF HOMEBOUND.

    (a) In General.--The last sentence of sections 1814(a) and 1835(a)
of the Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each
amended--
            (1) by striking ``leave home,'' and inserting ``leave home
        and''; and
            (2) by striking ``, and that absences'' and all that
        follows before the period.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to items and services provided on or after the date of enactment
of this Act.

SEC. 6. REVIEW OF CLAIMS SUBMITTED BY HOME HEALTH AGENCIES.

    (a) In General.--Section 1816(c)(2) of the Social Security Act (42
U.S.C. 1395h(c)(2)) is amended by adding at the end the following:
    ``(D)(i) Each agreement under this section shall provide that if
the average finalized denial rate of claims submitted by a home health
agency (determined for the 3 most recent cost reporting periods ending
before the date of such determination) is less than 5 percent--
            ``(I) no prepayment medical review, including requests for
        medical records and focused medical reviews, may be conducted
        with respect to a claim submitted by such agency (absent
        probable cause that the particular claim is invalid) during the
        agency's next succeeding cost reporting period; and
            ``(II) post-payment review of claims submitted by the
        agency during the agency's next succeeding cost reporting
        period shall not exceed 10 percent of the dollar value of all
        of the services provided by the agency for which a claim for
        reimbursement is filed under this title during such period.
    ``(ii) For purposes of clause (i), the finalized denial rate of
claims submitted by a home health agency for any cost reporting period
is equal to the percentage determined by dividing--
            ``(I) the dollar value of all of the services provided by
        the agency for which--
                    ``(aa) a claim for reimbursement is filed under
                this title during such period; and
                    ``(bb) a denial for such claim has become final
                after all rights to request reconsideration or to
                appeal have been exhausted, by
            ``(II) the dollar value of all of the services provided by
        the agency for which a claim for reimbursement is--
                    ``(aa) filed under this title during such period;
                and
                    ``(bb) reviewed by the Secretary or an agency or
                organization with an agreement under this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act and shall apply to
agreements entered into or renewed on or after such date.

SEC. 7. RESTORATION OF PERIODIC INTERIM PAYMENTS FOR HOME HEALTH
              AGENCIES.

    Section 4603(b) of Public Law 105-33 is repealed.

SEC. 8. SENSE OF THE CONGRESS REGARDING THE IMPLEMENTATION OF PPS FOR
              HOME HEALTH SERVICES.

    It is the sense of the Congress that the Secretary of Health and
Human Services should--
            (1) ensure that the prospective payment system for home
        health services under section 1895 of the Social Security Act
        (42 U.S.C. 1395fff) provides for appropriate payment of
        services that are provided to beneficiaries;
            (2) ensure that reimbursement rates under such system--
                    (A) include incentives to provide services
                efficiently to all beneficiaries; and
                    (B) do not create unintentional incentives to
                discriminate against beneficiaries with medically
                complex conditions;
            (3) ensure that the establishment of the case mix
        adjustment for such services under subsection (b)(4) of such
        section--
                    (A) does not penalize agencies that serve
                beneficiaries with medically complex conditions;
                    (B) provides some predictive value and accounts for
                a fair portion of the variation in costs associated
                with providing services to beneficiaries; and
                    (C) takes into account such variables as the health
                status, age, and socioeconomic status of beneficiaries;
            (4) establish a nationally uniform process to ensure that
        fiscal intermediaries have the training and ability to provide
        timely and accurate coverage and payment information to home
        health agencies under the medicare program under title XVIII of
        such Act (42 U.S.C. 1395 et seq.);
            (5) assess the costs to home health agencies of
        implementing new regulations and interpretations associated
        with the prospective payment system for home health services
        and consider the impact of such costs on the ability of such
        agencies to provide home health services to beneficiaries; and
            (6) provide periodic updates to Congress and home health
        agencies regarding the progress by the Secretary of
        implementing the prospective payment system for home health
        services.

Summary: Amends SSA title XVIII to: (1) create outlier provisions for home health services, (2) revise the definition of homebound. And (3) restructure the review process for claims submitted by home health agencies. Amends BBA '97 for the stated purpose of restoring periodic interim payments for home health agencies. Expresses the sense of the Senate that the Secretary of Health and Human Services should: (1) ensure that the prospective payment system (PPS) for home health services provides for appropriate payment of services provided to beneficiaries at rates that include incentives to provide services efficiently to all beneficiaries and do not create unintentional incentives to discriminate against beneficiaries with complex medical conditions. (2) ensure that the establishment of the case mix adjustment for such services does not penalize agencies that serve such beneficiaries, provides some predictive value, and accounts for appropriate variables, such as age and health status. (3) establish a nationally uniform process to ensure that fiscal intermediaries have the training and ability to provide timely and accurate coverage and payment information to Medicare home health agencies. (4) assess home health agency regulatory costs associated with the PPS for home health services and consider the cost impact on the agency's ability to provide such services. And (5) provide periodic updates to Congress and home health agencies on the Secretary's progress in implementing such PPS.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Timely Access to Health
Care Act''.

SEC. 2. STANDARDS FOR ACCESS TO CARE.

    (a) Required Standards for Access to Care.--Section 1703 of title
38, United States Code, is amended by adding at the end the following
new subsection:
    ``(e)(1) For a veteran seeking primary care from the Department,
the standard for access to care, determined from the date on which the
veteran contacts the Department seeking an appointment until the date
on which a visit with a primary-care provider is completed, is 30 days.
    ``(2)(A) The Secretary shall prescribe an appropriate standard for
access to care applicable to waiting times at Department health-care
facilities, determined from the time at which a veteran's visit is
scheduled until the time at which the veteran is seen by the provider
with whom the visit is scheduled.
    ``(B) The Secretary shall periodically review the performance of
Department health-care facilities compared to the standard prescribed
under subparagraph (A). The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives an annual
report providing an assessment of the Department's performance in
meeting that standard.
    ``(3) Effective on the first day of the first fiscal year beginning
after the date of the enactment of this section, but subject to
paragraph (4), in a case in which the Secretary is unable to meet the
standard for access to care applicable under paragraph (1) or (2), the
Secretary shall, or with respect to a veteran described in section
1705(a)(8) of this title may, use the authority of subsection (a) to
furnish health care and services for that veteran in a non-Department
facility. In any such case--
            ``(A) payments by the Secretary may not exceed the
        reimbursement rate for similar outpatient services paid by the
        Secretary of Health and Human Services under part B of the
        medicare program (as defined in section 1781(d)(4)(A) of this
        title); and
            ``(B) the non-Department facility may not bill the veteran
        for any difference between the facility's billed charges and
        the amount paid by the Secretary under subparagraph (A).
    ``(4) Paragraph (3) shall not apply to a veteran enrolled or
seeking care at a Department facility within a Department geographic
service area that has a compliance rate, determined over the first
quarter of the first calendar-year beginning after the date of the
enactment of this Act, for the standards for access to care under
paragraphs (1) and (2) of 90 percent or more. The Secretary shall make
the determination of the compliance rate for each Department geographic
service area for purposes of the preceding sentence not later than July
1 of the first calendar-year beginning after the date of the enactment
of this Act.
    ``(5)(A) The Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives for each calendar-
year quarter, not later than 60 days after the end of the quarter, a
comprehensive report on the experience of the Department during the
quarter covered by the report with respect to waiting times for
veterans seeking appointments with a Department health-care provider.
    ``(B) Each report under subparagraph (A) shall include the total
number of veterans waiting, shown for each geographic service area by
the following categories:
            ``(i) Those waiting under 30 days for scheduled
        appointments.
            ``(ii) Those waiting over 30 days but less than 60 days.
            ``(iii) Those waiting over 60 days but less than 4 months.
            ``(iv) Those waiting over 4 months but who cannot be
        scheduled within 6 months.
            ``(v) Those waiting over 6 months but who cannot be
        scheduled within 9 months of seeking care.
            ``(vi) Those who cannot be scheduled within one year of
        seeking care.
            ``(vii) Any remaining veterans who cannot be scheduled,
        with the reasons therefor.
    ``(C) For each category set forth in subparagraph (B), the report
shall distinguish between--
            ``(i) waiting times for primary care and specialty care;
        and
            ``(ii) waiting times for veterans who are newly enrolled
        versus those who were enrolled before October 1, 2001.
    ``(D) Each such report shall also set forth the number of veterans
who have enrolled in the Department's health care system but have not
since such enrollment sought care at a Department health care facility.
    ``(E) The final report under this paragraph shall be for the
quarter ending on December 31, 2010.''.
    (b) Effective Date.--Subsection (e) of section 1703 of title 38,
United States Code, as added by subsection (a), shall take effect on
the first day of the first month beginning more than six months after
the date of the enactment of this Act. The first report under paragraph
(5) of that subsection shall be submitted for the quarter ending on
December 31 of the first calendar year beginning after the date of the
enactment of this Act.

Summary: Veterans Timely Access to Health Care Act - Makes the standard for access to care for a veteran seeking primary care from the Department of Veterans Affairs 30 days from the date the veteran contacts the Department. Directs the Secretary of Veterans Affairs to prescribe an appropriate standard for waiting times at Department health-care facilities as measured from the time a visit is scheduled until the time the veteran is seen. Directs the Secretary to periodically review the performance of Department health-care facilities in meeting such standards. Authorizes the Secretary to contract for health care services in non-Department facilities in a case in which the Secretary is unable to meet access standards. Prohibits such contracting-out with respect to a Department geographic service area that has a compliance rate in meeting such standards of 90 percent or more. Requires quarterly reports from the Secretary to the congressional veterans' committees on the Department's experience with respect to waiting times.

To amend title 38, United States Code, to establish standards of access to care for veterans seeking health care from the Department of Veterans Affairs, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bereaved Consumer's Bill of Rights
Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there have been shocking consumer abuses in the funeral
        industry, including scandals at Burr Oak Cemetery in Alsip,
        Illinois, Menorah Gardens Cemetery in Palm Beach, Florida, and
        the Tri State Crematory in Noble, Georgia;
            (2) funeral arrangements are a major expense for most
        American households and families;
            (3) some consumers seek to ease the burdens on their
        families by arranging and paying for pre-need funeral and
        cemetery arrangements;
            (4) most funerals are planned by grieving family members at
        a time when they are especially vulnerable and unlikely to
        focus on cost comparison;
            (5) the Federal Trade Commission's Funeral Industry
        Practices Trade Regulation Rule (known as the Funeral Rule)
        dictates consumer protections in the funeral home, but does not
        cover the practices of cemeteries, crematoria, or sellers of
        monuments, urns, or caskets;
            (6) State laws are inconsistent and frequently too weak to
        provide adequate consumer protections, creating a need for
        minimum federal standards in this area;
            (7) consumers have the right to receive clear and accurate
        information about all funeral goods and services offered for
        sale;
            (8) consumers need effective protection from fraud and
        abusive practices by all providers of funeral goods and
        services and at all stages of the funeral planning process; and
            (9) a new Federal law that provides adequate protections to
        grieving families is warranted.

SEC. 3. FTC RULEMAKING RELATING TO UNFAIR OR DECEPTIVE ACTS OR
              PRACTICES IN THE PROVISION OF FUNERAL GOODS OR SERVICES.

    (a) In General.--The Federal Trade Commission shall prescribe rules
prohibiting unfair or deceptive acts or practices in the provision of
funeral goods or services. Such rules shall include the following:
            (1) A requirement that providers of funeral goods or
        funeral services furnish accurate price information disclosing
        clearly and conspicuously the cost to the purchaser for each of
        the specific funeral goods or funeral services provided or
        offered for sale.
            (2) A prohibition on misrepresentations by such providers,
        including misrepresentations of the requirements of Federal,
        State, or local law.
            (3) A prohibition on conditioning the provision of any
        funeral good or funeral service upon the purchase of any other
        funeral good or funeral service from that provider, except as
        required by law.
            (4) A requirement that any presale disclosures and
        contracts for funeral services or funeral goods be written
        clearly, stating the merchandise and services that purchasers
        are buying and their prices.
            (5) In the case of contracts for funeral services or
        funeral goods that are pre-paid in whole or in part, a
        requirement for clear and conspicuous presale and contractual
        disclosure regarding any penalties incurred if the consumer
        decides to cancel or transfer the contract to another provider
        of funeral services or funeral goods.
            (6) A requirement that contracts for funeral services or
        funeral goods disclose clearly and conspicuously all fees and
        costs to be incurred in the future or at the time that the
        funeral services or funeral goods are provided.
            (7) A requirement that cemeteries provide to consumers, in
        a timely manner, all written rules and regulations of the
        cemetery, and a clear explanation in writing of the interment,
        inurnment, or entombment right that has been purchased, and any
        material terms and conditions of that purchase, including any
        repurchase option by the cemetery or resale rights available to
        the consumer.
            (8) A requirement that cemeteries--
                    (A) retain all records in existence on the date of
                enactment of this Act, including maps or other systems
                indicating the location and date of each interment,
                inurnment, or entombment;
                    (B) accurately record and retain records of all
                interments, inurnments, or entombments occurring, as
                well as any internment, inurnment, or entombment rights
                sold, after the effective date of the regulations
                issued under this subsection, in such manner and form
                as the Commission may prescribe in such regulations;
                and
                    (C) make such records available to Federal, State,
                and local governments, as appropriate.
    (b) Rulemaking.--The Commission shall prescribe the rules under
subsection (a) within 1 year after the date of enactment of this Act.
Such rules, and any future rules or revision of rules prescribed by the
Commission prohibiting unfair or deceptive acts or practices in the
provision of funeral goods or services, shall be prescribed in
accordance with section 553 of title 5, United States Code.
    (c) Application of Rules to Tax Exempt Organizations and States.--
Notwithstanding the definition of corporation in section 4 of the
Federal Trade Commission Act (15 U.S.C. 44), the rules prescribed under
subsection (a), and any future rules or revision of rules prescribed by
the Commission prohibiting unfair or deceptive acts or practices in the
provision of funeral goods or funeral services, shall also apply to
cemeteries organized or operated by--
            (1) organizations described in section 501(c) of the
        Internal Revenue Code of 1986 that are exempt from taxation
        under section 501(a) of such Code, except for cemeteries
        organized, operated, managed, and owned by a religious
        denomination, middle judicatory, house of worship, or similar
        religious organization, and that are not organized, operated,
        managed, or owned by contract or affiliation with a for-profit
        provider of funeral goods or services that offers those goods
        and services for sale to the public; and
            (2) States or any political subdivision of a State.
    (d) Enforcement.--Any violation of any rule prescribed under this
section shall be treated as a violation of a regulation prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
The Federal Trade Commission shall enforce this Act in the same manner,
by the same means, and with the same jurisdiction as though all
applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this Act. Any person who
violates the regulations prescribed under this Act shall be subject to
the penalties and entitled to the privileges and immunities provided in
that Act.

SEC. 4. ENFORCEMENT BY STATES.

    (a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected because any
person has engaged or is engaging in an act or practice which violates
any rule of the Commission issued under section 3 of this Act or the
Trade Regulation Rule on Funeral Industry Practices (16 C.F.R. 453.1 et
seq.), the State, as parens patriae, may bring a civil action on behalf
of its residents in an appropriate district court of the United States
to enjoin such violative act or practice, to enforce compliance with
such rule of the Commission, to obtain damages, restitution, or other
compensation on behalf of residents of such State, or to obtain such
further and other relief as the court may determine appropriate.
    (b) Notice.--The State shall provide prior written notice of any
civil action under subsection (a) or (f)(2) to the Commission and
provide the Commission with a copy of its complaint, except that if it
is not feasible for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting such action.
Upon receiving a notice respecting a civil action, the Commission shall
have the right--
            (1) to intervene in such action;
            (2) upon so intervening, to be heard on all matters arising
        therein;
            (3) to remove the action to the appropriate United States
        district court; and
            (4) to file petitions for appeal.
    (c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this Act shall prevent an attorney general
from exercising the powers conferred on the attorney general by the
laws of such State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the production
of documentary and other evidence.
    (d) Actions by Commission.--Whenever a civil action has been
instituted by or on behalf of the Commission for violation of any rule
prescribed under section 3 of this Act, no State may, during the
pendency of such action instituted by or on behalf of the Commission,
institute a civil action under subsection (a) or (f)(2) of this section
against any defendant named in the complaint in such action for
violation of any rule as alleged in such complaint.
    (e) Venue; Service of Process.--Any civil action brought under
subsection (a) of this section in a district court of the United States
may be brought in the district in which the defendant is found, is an
inhabitant, or transacts business or wherever venue is proper under
section 1391 of title 28, United States Code. Process in such an action
may be served in any district in which the defendant is an inhabitant
or in which the defendant may be found.
    (f) Actions by Other State Officials.--
            (1) Construction.--Nothing contained in this section shall
        prohibit an authorized State official from proceeding in State
        court on the basis of an alleged violation of any civil or
        criminal statute of such State.
            (2) Other state actions.--In addition to actions brought by
        an attorney general of a State under subsection (a) of this
        section, such an action may be brought by officers of such
        State who are authorized by the State to bring actions in such
        State on behalf of its residents.

SEC. 5. EFFECT ON OTHER LAW.

    Nothing in this Act or the rules prescribed under this Act shall be
construed to preempt any provision of any law of a State or political
subdivision of that State that provides protections to consumers of
funeral services or funeral goods, except to the extent that the
provision of law is inconsistent with any provision of this Act or a
rule prescribed under this Act, and then only to the extent of the
inconsistency.

SEC. 6. DEFINITIONS.

    In this Act--
            (1) the term ``cemetery'' means any organization,
        association or other business that offers for sale the
        interment, inurnment, or entombment of human remains, but does
        not include any cemetery that--
                    (A) performs fewer than 25 interments, inurnments,
                and entombments during any calendar year; or
                    (B) sells fewer than 25 interment, inurnment, or
                entombment rights during any calendar year;
            (2) the term ``funeral goods'' are the goods which are sold
        or offered for sale directly to the public for use in
        connection with funeral services; and
            (3) the term ``funeral services'' means--
                    (A) any services which are sold or offered for sale
                to the public in order to--
                            (i) care for and prepare deceased human
                        bodies for burial, cremation, or other final
                        disposition; or
                            (ii) arrange, supervise, or conduct the
                        funeral ceremony or the final disposition of
                        deceased human bodies; or
                    (B) services provided by funeral directors,
                morticians, cemeterians, cremationists, and retailers
                of caskets, urns, monuments, and markers.

Summary: Bereaved Consumer's Bill of Rights Act of 2010 - Directs the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. Includes among such rules: (1) a requirement that price information be disclosed clearly and conspicuously. (2) a prohibition on misrepresentations or conditioning the provision of goods or services upon the purchase of other goods or services from the provider. (3) a requirement that any presale disclosures and contracts are written clearly, stating the merchandise, services, and prices and disclosing any penalties for canceling or transferring a contract. (4) a requirement that cemeteries provide to consumers all written rules and regulations of the cemetery and all material terms and conditions of purchase. And (5) a requirement that cemeteries retain all records in existence on the date of enactment of this Act and accurately record and retain records of interments, inurnments, or entombments. Applies such rules to states or political subdivisions and tax-exempt organizations. Excludes cemeteries organized, operated, managed, and owned by a religious organization and that are not affiliated with a for-profit provider offering funeral goods and services for sale to the public. Gives standing to states to bring a civil action for violations of this Act.

To direct the Federal Trade Commission to establish rules to prohibit unfair or deceptive acts or practices related to the provision of funeral services.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Witness Security and Protection
Grant Program Act of 2011''.

SEC. 2. WITNESS PROTECTION GRANT PROGRAM.

    (a) In General.--Subject to subsection (i), the Attorney General
shall make competitive grants to eligible State, tribal, and local
governments to establish or maintain programs that provide protection
or assistance to witnesses in--
            (1) court proceedings involving homicide, or involving a
        serious violent felony or serious drug offense as defined in
        section 3559(c)(2) of title 18, United States Code; and
            (2) court proceedings involving gangs or organized crime.
    (b) Criteria.--In making grants under subsection (a), the Attorney
General shall evaluate applicants based upon the following:
            (1) The extent to which the applicant has a lack of
        infrastructure to support a witness assistance program.
            (2) The extent to which witness intimidation is present
        with respect to the applicant.
            (3) The level of cases not prosecuted by the applicant due
        to witness intimidation.
            (4) The number of homicides per capita committed in the
        jurisdiction of the applicant.
            (5) The number of serious violent felonies or serious drug
        offenses, as defined in section 3559(c)(2) of title 18, United
        States Code, per capita committed in the jurisdiction of the
        applicant.
            (6) The extent to which organized crime is present in the
        jurisdiction of the applicant.
            (7) Other appropriate criteria as determined by the
        Attorney General.
    (c) Technical Assistance.--From amounts made available under
subsection (i) to carry out this section, the Attorney General, upon
request of a recipient of a grant under this section, shall direct the
appropriate offices within the Department of Justice to provide
technical assistance to such recipient to the extent the Attorney
General determines such technical assistance is needed to establish or
maintain a program described in such section.
    (d) Best Practices.--
            (1) Report.--Each recipient of a grant under this section
        shall submit to the Attorney General a report, in such form and
        manner and containing such information as specified by the
        Attorney General, that evaluates each program established or
        maintained pursuant to such grant, including policies and
        procedures under the program.
            (2) Development of best practices.--Based on the reports
        submitted under paragraph (1), the Attorney General shall
        develop best practice models to assist States and other
        relevant entities in addressing--
                    (A) witness safety;
                    (B) short-term and permanent witness relocation;
                    (C) financial and housing assistance; and
                    (D) any other services related to witness
                protection or assistance that are determined by the
                Attorney General to be necessary.
            (3) Dissemination to states.--Not later than 1 year after
        the development of best practice models under paragraph (2),
        the Attorney General shall disseminate to States and other
        relevant entities such models.
            (4) Sense of congress.--It is the sense of Congress that
        States and other relevant entities should use the best practice
        models developed and disseminated in accordance with this
        section to evaluate, improve, and develop witness protection or
        witness assistance as appropriate.
            (5) Clarification.--Nothing in this section requires the
        dissemination of any information if the Attorney General
        determines such information is law enforcement sensitive and
        should only be disclosed within the law enforcement community
        or that such information poses a threat to national security.
    (e) Federal Share.--
            (1) In general.--The Federal share of the cost of a project
        carried out using a grant made under this section shall not be
        more than 75 percent.
            (2) In-kind contributions.--
                    (A) In general.--Subject to subparagraph (B), the
                non-Federal share for a project carried out using a
                grant made under this section may be made in the form
                of in-kind contributions that are directly related to
                the purpose for which the grant was made.
                    (B) Maximum percentage.--Not more than 50 percent
                of the non-Federal share for a project carried out
                using a grant made under this section may be in the
                form of in-kind contributions.
    (f) Administrative Expenses.--Federal administrative costs to carry
out this section for a fiscal year shall not exceed 5 percent of the
funds appropriated pursuant to subsection (i) for such fiscal year.
    (g) Geographic Distribution.--The Attorney General shall ensure
that, to the extent reasonable and practical, grants authorized by this
section are made to achieve an equitable geographical distribution of
such programs throughout the United States and that due consideration
be given to applicants of rural and urban communities.
    (h) Report to Congress.--The Attorney General shall submit a report
to Congress--
            (1) not later than December 31, 2013, on the implementation
        of this section and any information on programs funded by
        grants made pursuant to this section; and
            (2) not later than December 31, 2017, on the programs
        funded by grants awarded under this section, including on
        matters specified under subsection (d)(2).
    (i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of the
fiscal years 2012 through 2016.

Summary: Witness Security and Protection Grant Program Act of 2011 - Directs the Attorney General to: (1) make competitive grants to state, tribal, and local governments to establish or maintain programs to protect or assist witnesses in court proceedings involving homicide, a serious felony or drug offense, or gangs or organized crime. (2) evaluate grant applicants based on specified criteria, including the extent of witness intimidation and the number of serious crimes per capita with respect to such applicant. (3) provide technical assistance to grant applicants for establishing or maintaining a witness protection plan. And (4) develop and disseminate best practice models to assist states and other relevant entities in addressing witness safety, short-term and permanent witness relocation, financial and housing assistance, and other necessary services. Expresses the sense of Congress that states and relevant entities should use the best practice models developed by the Attorney General to evaluate, improve, and develop witness protection or witness assistance programs.

To require the Attorney General to make competitive grants to eligible State, tribal, and local governments to establish and maintain certain protection and witness assistance programs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``America's Youth Commission Act of
2001''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) American youth, up to 18 years of age, represent the
        freest, most educated, most affluent generation this Nation has
        known. A majority will graduate from high school, will come
        from families in which the parents or guardians are employed
        and own property, and will come from a society which has
        achieved unparalleled national economic and social opportunity
        in a world largely at peace.
            (2) The potential for this generation of American youth to
        make lasting contributions to freedom's cause is unparalleled.
        Yet, despite this favorable domestic and international climate,
        some serious flaws have appeared in America's social and
        cultural fabric, characterized by destructive behaviors among
        some of our youth that are damaging our Nation and the ability
        of this generation to achieve its full potential.
            (3) While most of America's youth are achieving
        academically and developing wholesome constructive pursuits,
        youth violence in places like Littleton, Colorado, Springfield,
        Oregon, and Jonesboro, Arkansas, and the rash of copycat
        incidents, threatened or real, across the Nation has brought to
        the fore a troubling lack of respect by some for other
        individuals that lies at the heart of a free society.
            (4) Across our Nation, school ``pranks'' have in many cases
        been destructive to schools and property and reveal a serious
        lack of understanding by the perpetrators of the true costs of
        their actions.
            (5) Equally serious are the consistently high and
        personally destructive levels of alcohol and drug use by
        American youth, sometimes coupled with gun violence, as well as
        increasing levels of teenage suicide and eating disorders, such
        as bulimia and anorexia.
            (6) Upholding human dignity faces challenges in the media
        as well. By the time children in the United States have passed
        through the eighth grade, they will have witnessed an average
        of 8,000 murders and over 100,000 other acts of violence
        through the media. In addition, many video games, music, films,
        and Internet websites present material so degrading to human
        dignity that they undermine the value of human life and elevate
        the bizarre to normal. Some have characterized this as a
        ``culture of death'' that permeates the consciousness of
        American youth.
            (7) The structure of family, neighborhoods, work, and
        community in the United States has been transformed in the last
        30 years as economic growth and mobility have impacted
        families' aspirations and livelihoods. The static purchasing
        power of families, mergers, and dislocation of production,
        higher family mobility and suburbanization, rising levels of
        foster children, all have contributed to a more fluid social
        structure and less continuity for youth in permanent nurturing
        relationships with family and community. The social
        consequences of these changes, along with the pervasive
        influence of media, demand attention, for developmental
        attachments by adults toward youth that characterized previous
        generations have become more tenuous in today's society.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the ``National
Commission on the Impact of United States Culture on America's Youth''
(hereinafter in this Act referred to as the ``Commission'').

SEC. 4. DUTY OF COMMISSION.

    The Commission shall investigate and make findings and
recommendations with respect to--
            (1) the condition and status of contemporary youth in
        America compared to prior generations, with particular
        attention to family, neighborhood, schools, scholastic
        attainment, work, and community involvement;
            (2) the nature, origins, and trends of antisocial and
        violent behavior among American youth, including--
                    (A) an analysis of the trends in violent acts in
                families, neighborhoods, and schools; and
                    (B) the influence of organizations, other cultural
                elements, and individuals contributing to the
                incitement or encouragement of violent behaviors;
            (3) identification of successful initiatives that involve
        youth in positive development and experiences that curb
        antisocial behavior among youth;
            (4) recommendations for averting and reducing violence
        among American youth; and
            (5) recommendations for parents, families, nongovernmental
        and private sector organizations and Federal, State, and local
        authorities in building positive developmental experiences
        among American youth.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 11
members appointed as follows:
            (1) Two members appointed by the Speaker of the House of
        Representatives.
            (2) Two members appointed by the majority leader of the
        Senate.
            (3) Two members appointed by the minority leader of the
        House of Representatives.
            (4) Two members appointed by the minority leader of the
        Senate.
            (5) Three members appointed by the President.
    (b) Qualifications.--The members shall--
            (1) not be incumbent Members of Congress; and
            (2) be specially qualified to serve on the Commission by
        reason of education, training, or experience.
    (c) Terms.--Each member shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
    (d) Basic Pay.--Members shall serve without pay.
    (e) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with section
5703 of title 5, United States Code.
    (f) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
    (g) Chair.--The Chairperson of the Commission shall be designated
by the President at the time of the appointment.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission shall ensure that its hearings and sessions
are open to the public, with significant opportunities for testimony
from members of the general public.
    (b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall cooperate with the Commission in providing that information.
    (d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
    (e) Contract Authority.--The Commission may contract with and
compensate Government or private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).

SEC. 7. REPORTS.

    (a) Interim Report.--The Commission shall transmit an interim
report to the President and the Congress not later than 180 days after
the date the Commission is duly organized.
    (b) Final Report.--The Commission shall transmit a final report to
the President and the Congress not later than one year after the date
the Commission is duly organized. The final report shall contain a
detailed statement of the findings and conclusions of the Commission,
together with its recommendations for legislation.

SEC. 8. TERMINATION.

    The Commission shall terminate 30 days after transmitting its final
report under section 7(b).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $10,000,000 for fiscal year
2002 to carry out this Act, to remain available until expended.

Summary: America's Youth Commission Act of 2001 - Establishes the National Commission on the Impact of United States Culture on America's Youth.

To establish the National Commission on the Impact of United States Culture on American Youth.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Prescription Drug Lifeline
Act of 2006''.

SEC. 2. TEMPORARY PROCESS FOR INDIVIDUALS ENTERING THE MEDICARE
              COVERAGE GAP TO SWITCH TO A PLAN THAT PROVIDES COVERAGE
              IN THE GAP.

    (a) Process.--Notwithstanding any other provision of law, by not
later than 30 days after the date of enactment of this Act, the
Secretary of Health and Human Services (in this section referred to as
the ``Secretary'') shall establish a process under which an applicable
individual may terminate enrollment in the prescription drug plan or
the MA-PD plan in which they are enrolled and enroll in any
prescription drug plan or MA-PD plan--
            (1) that provides some coverage of covered part D drugs (as
        defined in subsection (e) of section 1860D-2 of the Social
        Security Act (42 U.S.C. 1395w-102)) after the individual has
        reached the initial coverage limit under the plan but has not
        reached the annual out-of-pocket threshold under subsection
        (b)(4)(B) of such section; and
            (2) subject to subsection (b), that serves the area in
        which the individual resides.
    (b) Special Rule Permitting Applicable Individuals to Enroll in a
Prescription Drug Plan Outside of the Region in Which the Individual
Resides.--In the case of an applicable individual that resides in a PDP
region under section 1860D-11(a)(2) of the Social Security Act (42
U.S.C. 1395w-111(a)(2)) in which there is no prescription drug plan
available that provides some coverage of brand name covered part D
drugs (as so defined) after the individual has reached the initial
coverage limit under the plan but before the individual has reached
such annual out-of-pocket threshold, the Secretary shall ensure that
the process established under subsection (a) permits the individual to
enroll in a prescription drug plan that provides such coverage but is
in another PDP region. The Secretary shall determine the PDP region in
which the individual may enroll in such a prescription drug plan.
    (c) Notification of Applicable Individuals.--Under the process
established under subsection (a), the Secretary shall notify, or
require sponsors of prescription drug plans and organizations offering
MA-PD plans to notify, applicable individuals of the option to change
plans under such process. Such notice shall be provided to an
applicable individual within 30 days of meeting the definition of such
an individual.
    (d) Process in Effect for Remaining Portion of 2006.--The process
established under subsection (a) shall remain in effect through
December 31, 2006.
    (e) Definitions.--In this section:
            (1) Applicable individual.--The term ``applicable
        individual'' means a part D eligible individual (as defined in
        section 1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C.
        1395w-101(a)(3)(A)) who, with respect to a year--
                    (A) is enrolled in a prescription drug plan or an
                MA-PD plan that does not provide any coverage of
                covered part D drugs (as so defined) after the
                individual has reached the initial coverage limit under
                the plan but has not reached such annual out-of-pocket
                threshold; and
                    (B) has reached such initial coverage limit or is
                within $750 of reaching such limit.
            (2) Prescription drug plan; ma-pd plan.--The terms
        ``prescription drug plan'' and ``MA-PD plan'' have the meanings
        given those terms in section 1860D-41(a)(14) of the Social
        Security Act (42 U.S.C. 1395w-151(a)(14)) and section 1860D-
        1(a)(3)(C) of such Act (42 U.S.C. 1395w-101(a)(3)(C)),
        respectively.

SEC. 3. GAO STUDY AND REPORT ON THE ELIMINATION OF THE MEDICARE PART D
              COVERAGE GAP.

    (a) Study.--The Comptroller General of the United States shall
conduct a study on--
            (1) the costs to the Medicare program of eliminating the
        initial coverage limit under paragraph (3) of section 1860D-
        2(b) of the Social Security Act (42 U.S.C. 1395w-102(b)) (and
        providing that standard prescription drug coverage included the
        coverage described in paragraph (2) of such section until the
        individual reached the annual out-of-pocket threshold under
        subsection (b)(4)(B) of such section); and
            (2) the adjustment to the coinsurance under paragraph (2)
        of such section that would be necessary to eliminate the
        initial coverage limit (and provide that standard prescription
        drug coverage included such adjusted coinsurance amount until
        the individual reached such annual out-of-pocket threshold)
        without increasing the costs to the Medicare program.
    (b) Report.--Not later than May 1, 2007, the Comptroller General of
the United States shall submit a report to Congress on the study
conducted under subsection (a) together with such recommendations as
the Comptroller General determines to be appropriate.

Summary: Medicare Prescription Drug Lifeline Act of 2006 - Directs the Secretary of Health and Human Services to establish a process under which an individual may terminate enrollment in the prescription drug plan or the Medicare Advantage Prescription Drug (MA-PD) Plan in which he or she is enrolled and enroll in any prescription drug plan or MA-PD Plan serving the area where the individual resides that provides some coverage of covered part D drugs after the individual has reached the initial coverage limit but not yet the annual out-of-pocket threshold. Sets forth a special rule permitting applicable individuals to enroll in a prescription drug plan outside the region in which they reside. Directs the Comptroller General to study and report to Congress on: (1) the costs to the Medicare program of eliminating the initial coverage limit and providing specified standard prescription drug coverage until the individual reaches the annual out-of-pocket threshold. And (2) the adjustment to the applicable coinsurance that would be necessary to eliminate the initial coverage limit under such conditions without increasing the costs to the Medicare program.

A bill to provide for a temporary process for individuals entering the Medicare coverage gap to switch to a plan that provides coverage in the gap.