SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving and Reforming SSDI (PAR-
SSDI) Act of 2016''.

SEC. 2. CONSIDERATION OF VOCATIONAL FACTORS IN DISABILITY
              DETERMINATIONS.

    (a) Language Proficiency.--Section 223(d)(2) of the Social Security
Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the
following:
            ``(D) In determining whether an individual is under a
        disability, the Commissioner shall make such determination
        without regard to the individual's ability to communicate in
        English.''.
    (b) Quarters of Coverage Requirement.--Section 223(d)(2) of the
Social Security Act (42 U.S.C. 423(d)(2)), as amended by subsection
(a), is further amended by adding at the end the following:
            ``(E) In determining whether an individual is under a
        disability for a month, the Commissioner may not consider the
        individual's vocational background unless the individual had
        not less than 16 quarters of coverage during the 24-quarter
        period ending with the quarter in which such month occurs.''.
    (c) Periodic Update of Vocational and Educational Factors.--Not
later than 5 years after the date of the enactment of this Act and not
later than the end of every subsequent 5-year period, the Commissioner
of Social Security shall prepare and implement a complete update of the
vocational and educational factors considered in making disability
determinations under title II of the Social Security Act.
    (d) Effective Date.--The amendments made by this section shall
apply with respect to applications for disability insurance benefits
filed on or after the date of the enactment of this Act.

SEC. 3. DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE BENEFITS IN
              A MONTH FOR WHICH UNEMPLOYMENT COMPENSATION IS RECEIVED.

    (a) In General.--Section 223(d)(4) of the Social Security Act (42
U.S.C. 423(d)(4)) is amended by adding at the end the following:
    ``(C)(i) If for any week in whole or in part within a month an
individual is paid or determined to be eligible for unemployment
compensation, such individual shall be deemed to have engaged in
substantial gainful activity for such month.
            ``(ii) For purposes of clause (i), the term `unemployment
        compensation' means--
                    ``(I) `regular compensation', `extended
                compensation', and `additional compensation' (as such
                terms are defined by section 205 of the Federal-State
                Extended Unemployment Compensation Act (26 U.S.C. 3304
                note)); and
                    ``(II) trade adjustment assistance under title II
                of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
    (b) Trial Work Period.--Section 222(c) of the Social Security Act
(42 U.S.C. 422(c)) is amended by adding at the end the following:
    ``(6)(A) For purposes of this subsection, an individual shall be
deemed to have rendered services in a month if the individual is
entitled to unemployment compensation for such month.
            ``(B) For purposes of subparagraph (A), the term
        `unemployment compensation' means--
                    ``(i) `regular compensation', `extended
                compensation', and `additional compensation' (as such
                terms are defined by section 205 of the Federal-State
                Extended Unemployment Compensation Act (26 U.S.C. 3304
                note)); and
                    ``(ii) trade adjustment assistance under title II
                of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
    (c) Data Matching.--The Commissioner of Social Security shall
implement the amendments made by this section using appropriate
electronic data.
    (d) Effective Date.--The amendments made by this subsection shall
apply with respect to individuals who initially apply for disability
insurance benefits on or after January 1, 2017.

SEC. 4. ELIGIBILITY FOR MEDICARE.

    (a) In General.--Section 226(b)(2) of the Social Security Act (42
U.S.C. 426(b)) is amended--
            (1) in subparagraph (A), by striking ``24 calendar months''
        and inserting ``60 calendar months'';
            (2) in subparagraph (B), by striking ``24 months'' and
        inserting ``60 months'';
            (3) in subparagraph (C)(ii), by striking ``24 months'' and
        inserting ``60 months''; and
            (4) in the matter following subparagraph (C)(ii)(II)--
                    (A) by striking ``twenty-fifth month'' before ``of
                his entitlement or status'' and inserting ``sixty-first
                month''; and
                    (B) by striking ```twenty-fifth month of his
                entitlement' refers to the first month after the
                twenty-fourth month'' and inserting ```sixty-first
                month of his entitlement' refers to the first month
                after the sixtieth month''.
    (b) Conforming Amendments.--Section 226 of such Act (42 U.S.C.
426), as amended by subsection (a), is further amended--
            (1) in subsection (e)(1)(B), by striking ``24 months'' and
        inserting ``60 months''; and
            (2) in subsection (f), by striking ``24 months'' and
        inserting ``60 months''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to applications for disability insurance benefits
filed on or after the date of the enactment of this Act.

SEC. 5. INCLUSION OF UNEARNED INCOME IN DETERMINATION OF SUBSTANTIAL
              GAINFUL ACTIVITY.

    (a) In General.--Section 223(d)(4) of the Social Security Act (42
U.S.C. 423(d)(4)), as amended by section 3(b), is further amended by
adding at the end the following:
    ``(D)(i) If the amount of unearned income (as defined in section
1612) of an individual for a month is equal to or greater than the
monthly income limit for such month, the individual shall be deemed to
have engaged in substantial gainful activity for such month.
    ``(ii) For purposes of this subparagraph, the monthly income limit
is the amount of earnings derived from services, prescribed by the
Commissioner under regulations issued pursuant to subparagraph (A),
sufficient to demonstrate an individual's ability to engage in
substantial gainful activity for a month.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to monthly insurance benefits paid for months
beginning after the date that is 1 year after the date of the enactment
of this Act.

SEC. 6. MEDICAL EVIDENCE IN DISABILITY DETERMINATIONS.

    (a) Exclusion of Medical Evidence That Is Not Submitted in Its
Entirety or Furnished by a Licensed Practitioner.--Section 223(d)(5) of
the Social Security Act (42 U.S.C. 423(d)(5)) is amended--
            (1) in subparagraph (B), by striking ``In'' and inserting
        ``Subject to subparagraphs (C) and (D), in''; and
            (2) by adding at the end the following new subparagraphs:
    ``(C)(i) An individual and, if applicable, such individual's
representative shall submit, in its entirety and without redaction, all
relevant medical evidence known to the individual or the representative
to the Commissioner of Social Security.
            ``(ii) In the case of a hearing before an administrative
        law judge to determine if an individual is under a disability
        (as defined in paragraph (1)), the Commissioner of Social
        Security shall not consider any piece of medical evidence
        furnished by an individual or such individual's representative
        unless such individual and, if applicable, such individual's
        representative, certifies at the hearing that all relevant
        medical evidence has been submitted in its entirety and without
        redaction.
            ``(iii) For purposes of this subparagraph, the term
        `relevant medical evidence' means any medical evidence relating
        to the individual's claimed physical or mental impairments that
        the Commissioner of Social Security should consider to
        determine whether the individual is under a disability,
        regardless of whether such evidence is favorable or unfavorable
        to the individual's case, but shall not include any oral or
        written communication or other document exchanged between the
        individual and such individual's attorney representative that
        are subject to attorney-client privilege or work product
        doctrine, unless the individual voluntarily discloses such
        communication to the Commissioner. Neither the attorney-client
        privilege nor the work product doctrine shall prevent from
        disclosure medical evidence, medical source opinions, or any
        other factual matter that the Commissioner may consider in
        determining whether or not the individual is entitled to
        benefits.
            ``(iv) Any individual or representative who knowingly
        violates this subparagraph shall be guilty of making a false
        statement or representation of material fact, shall be subject
        to civil and criminal penalties under sections 208 and 1129,
        and, in the case of a representative, shall be suspended or
        disqualified from appearing before the Social Security
        Administration.
    ``(D) The Commissioner of Social Security shall not consider any
evidence furnished by a physician or health care practitioner who is
not licensed or has been sanctioned.''.
    (b) Health Care Providers Supplying Consultative Exams.--
            (1) In general.--Beginning 1 year after the date of
        enactment of this Act, in determining whether an individual
        applying for disability insurance benefits under title II of
        the Social Security Act is disabled, the Commissioner of Social
        Security shall not consider medical evidence resulting from a
        consultative exam with a health care provider conducted for the
        purpose of supporting the individual's application unless the
        evidence is accompanied by a Medical Consultant Acknowledgment
        Form signed by the health care provider who conducted the exam.
            (2) Medical consultant acknowledgment form.--
                    (A) Definition.--As used in this subsection, the
                term ``Medical Consultant Acknowledgment Form'' means a
                form published by the Commissioner of Social Security
                that meets the requirements of subparagraph (B).
                    (B) Requirements.--The Commissioner of Social
                Security shall develop the Medical Consultant
                Acknowledgment Form and make it available to the public
                not later than 6 months after the date of enactment of
                this Act. The contents of the Medical Consultant
                Acknowledgment Form shall include--
                            (i) information on how medical evidence is
                        used in disability determinations;
                            (ii) instructions on completing a residual
                        functional capacity form;
                            (iii) information on the legal and ethical
                        obligations of a health care provider who
                        supplies medical evidence for use in a
                        disability determination, including any civil
                        or criminal penalties that may be imposed on a
                        health care provider who supplies medical
                        evidence for use in a disability determination;
                        and
                            (iv) a statement that the signatory has
                        read and understands the contents of the form.
            (3) Penalties for fraud.--In addition to any other
        penalties that may be prescribed by law, any individual who
        forges a signature on a Medical Consultant Acknowledgment Form
        submitted to the Commissioner of Social Security shall be
        guilty of making a false statement or representation of
        material fact, and upon conviction shall be subject to civil
        and criminal penalties under sections 208 and 1129 of the
        Social Security Act and, in the case of a representative, shall
        be suspended or disqualified from appearing before the Social
        Security Administration.
    (c) Effective Date.--The amendments made by subsection (a) shall
apply with respect to applications for disability insurance benefits
filed on or after the date of the enactment of this Act.

SEC. 7. CHANGE IN INDEX USED TO CALCULATE SOCIAL SECURITY COST-OF-
              LIVING ADJUSTMENTS.

    (a) In General.--Section 215(i)(1) of the Social Security Act (42
U.S.C. 415(i)(1)) is amended--
            (1) in subparagraph (G), by striking the period at the end
        and inserting ``; and''; and
            (2) by adding at the end the following new subparagraph:
            ``(H) the term `Consumer Price Index' means the Chained
        Consumer Price Index for All Urban Consumers (C-CPI-U, as
        published in its initial version by the Bureau of Labor
        Statistics of the Department of Labor).''.
    (b) Application to Pre-1979 Law.--
            (1) In general.--Section 215(i)(1) of the Social Security
        Act as in effect in December 1978, and as applied in certain
        cases under the provisions of such Act as in effect after
        December 1978, is amended--
                    (A) in subparagraph (C), by striking the period at
                the end and inserting ``; and''; and
                    (B) by adding at the end the following new
                subparagraph:
            ``(D) the term `Consumer Price Index' means the Chained
        Consumer Price Index for All Urban Consumers (C-CPI-U, as
        published in its initial version by the Bureau of Labor
        Statistics of the Department of Labor).''.
            (2) Conforming change.--Section 215(i)(4) of the Social
        Security Act (42 U.S.C. 415(i)(4)) is amended by inserting
        ``and by section 231 of the Preserving and Reforming SSDI (PAR-
        SSDI) Act of 2016'' after ``1986''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to adjustments effective with or after the first
December that begins at least 3 years after the date of the enactment
of this Act.

SEC. 8. THIRD-PARTY INCOME VERIFICATION.

    (a) In General.--Section 223(i) of the Social Security Act (42
U.S.C. 423(i)) is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following:
    ``(5)(A) In any case in which the Commissioner of Social Security
initiates a review under this subsection of the case of an individual
who has been determined to be under a disability, such review shall
include an independent estimate by a qualified social security income
verification contractor of such individual's monthly income at the time
of such review.
    ``(B) Upon initiating a review of an individual under this
subsection, the Commissioner of Social Security shall provide such
individual's name, address, and social security account number to a
qualified social security income verification contractor for purposes
of obtaining the independent estimate described in subparagraph (A).
    ``(C)(i) Not later than 60 days after the date of the enactment of
this paragraph, the Commissioner of Social Security shall enter into
one or more qualified income verification contracts.
    ``(ii) For purposes of this paragraph, the term `qualified social
security income verification contract' means any contract which is for
the services of any person (other than an officer or employee of the
Social Security Administration)--
            ``(I) to provide an estimate (based on the best information
        available to such person) of the income of any individual
        specified by the Commissioner as described in subparagraph (A);
            ``(II) to provide such information regarding the basis for
        such estimate as the Commissioner may specify; and
            ``(III) that prohibits each person providing such services
        from contacting the individual, employers of the individual,
        members of the individual's family, and such other persons as
        the Commissioner may specify.
    ``(iii) For purposes of this section, the term `qualified social
security income verification contractor' means the person providing
services to the Secretary under a qualified social security income
verification contract.
    ``(D)(i) Nothing in any provision of law shall be construed to
prevent the Secretary from--
            ``(I) entering into a qualified social security income
        verification contract, or
            ``(II) providing identifying information to a qualified
        social security income verification contractor as provided in
        this paragraph.
    ``(ii) The United States shall not be liable for any act or
omission of any person performing services under a qualified social
security income verification contract.
    ``(E) In any case in which an independent estimate conducted
pursuant to this paragraph with respect to an individual entitled to
disability insurance benefits demonstrates that such individual failed
to accurately report any monthly income, the Commissioner of Social
Security shall conduct an investigation of such individual to determine
whether such individual's monthly income demonstrates the individual's
ability to engage in substantial gainful activity.''.

Summary: Preserving and Reforming SSDI (PAR-SSDI) Act of 2016 This bill amends title II (OASDI) of the Social Security Act (SSAct) to: direct the Social Security Administration (SSA), in determining whether an individual is under a disability, to make such a determination without regard to the individual's ability to communicate in English. Prohibit the SSA, in determining whether an individual is under a disability for a month, from considering the individual's vocational background in computing the quarters of coverage requirement unless the individual had not less than 16 quarters of coverage during the 24-quarter period ending with the quarter in which such month occurs. And direct the SSA to prepare and implement a complete update of the vocational and educational factors considered in making disability determinations. The bill declares that for any week in whole or in part within a month that an individual is paid or determined to be eligible for unemployment compensation he or she shall be deemed to have engaged in substantial gainful activity and so be disqualified from receiving Social Security disability benefits after a certain period has elapsed. The bill also states that, for purposes of determining services rendered by an individual during a period of trial work which will not disqualify the individual for disability benefits, the individual shall be deemed to have rendered services in a month if he or she is entitled to unemployment compensation or trade adjustment assistance for that month. The bill revises prerequisites for the entitlement of certain individuals under age 65 to SSAct title XVIII (Medicare) part A hospital insurance benefits. The length of time such an individual must be entitled to disability insurance, child's insurance, or widow's insurance benefits, in order to qualify for entitlement to Medicare part A hospital benefits, shall increase from the current 24 months to 60 months. If the amount of an individual's unearned income for a month is equal to or greater than the monthly income limit for that month, the individual shall be deemed to have engaged in substantial gainful activity for the month for purposes of determining disability insurance benefit payments. The SSA must receive from an individual andor the individual's representative, in its entirety and without redaction, all known relevant medical evidence related to a disability claim. Any medical evidence not submitted in its entirety or not furnished by a licensed practitioner shall be excluded in disability determinations. In determining whether a disability benefits applicant is disabled, the SSA shall not consider medical evidence resulting from a consultative exam with a health care provider unless the application is accompanied by a Medical Consultant Acknowledgment Form signed by the health care provider who conducted the exam. The bill changes the index used to calculate OASDI cost-of-living adjustments to the Chained Price Index for All Urban Consumers. In any case in which SSA initiates a review of disability benefits for an individual, the review shall include an independent estimate by a qualified Social Security income verification contractor of the individual's monthly income.


SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

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

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

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

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

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

Summary: Temporary Duty Suspension Process Act of 2012 - Directs the US International Trade Commission (USITC) to establish a process in which it will: (1) review each article in which a temporary duty suspension or reduction has been recommended at its own initiative or pusuant to a petition, and (2) submit a draft bill to the appropriate congressional committees containing each duty suspension or reduction that meets certain requirements. Requires the USITC to report to appropriate congressional committees on: (1) recommendations with respect to sectors of the US economy that could benefit from duty suspensions or reductions without causing harm to other domestic interests, and (2) the feasibility of suspending or reducing duties on a sectoral basis rather than on individual articles.

A bill to require the United States International Trade Commission to recommend temporary duty suspensions and reductions to Congress, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IMF Reform Act of 2000''.

SEC. 2. REFORMS OF THE INTERNATIONAL MONETARY FUND.

    (a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286-
286nn) is amended by adding at the end the following:

``SEC. 63. REFORMS OF THE INTERNATIONAL MONETARY FUND.

    ``(a) Annual Reports.--
            ``(1) Contents.--The Secretary of the Treasury shall submit
        annually to the Committee on Banking and Financial Services of
        the House of Representatives and the Committee on Foreign
        Relations of the Senate a written report on whether the Fund
        has complied with the requirements of subsection (b) throughout
        the 12-month period covered by the report. If, during such
        period, the Fund has instituted a quota increase, the report
        shall document the reasons why it is not feasible for the Fund
        to obtain sufficient funds from the private sector.
            ``(2) Effects of failure to submit report or failure to
        certify imf compliance with requirements.--If the Secretary of
        the Treasury fails to submit the report for a 12-month period
        before the beginning of the first fiscal year that begins after
        the end of the 12-month period, or if the report submitted
        pursuant to this section fails to comply with the preceding
        sentence or fails to certify that the Fund has complied with
        each requirement of subsection (b) throughout the 12-month
        period, then subsection (c) shall apply for such fiscal year.
    ``(b) Requirements.--The requirements of this subsection are the
following:
            ``(1) Market interest rates.--The Fund is prohibited from
        charging, and does not charge, interest on any loan unless the
        interest rate is--
                    ``(A) except as provided in subparagraph (B),
                comparable to the rates of interest in the financial
                markets, adjusted for risk; and
                    ``(B) is not less than 400 basis points greater
                than the London InterBank Offered Rate.
            ``(2) 1-year loan maturity.--The Fund is prohibited from
        making, and has not made, a loan with a maturity of more than 1
        year after the date on which made.
            ``(3) Loans only to address currency crises.--The Fund is
        prohibited from making, and does not make, a loan except for
        the purpose of addressing a currency crisis.
            ``(4) Termination of esaf.--The Fund has abolished the
        Enhanced Structural Adjustment Facility of the Fund.
            ``(5) Release and reorganization of operational budgets.--
        The Fund is required to, and does, publish each operational
        budget of the Fund, with any information that could disrupt
        financial markets or affect adversely the national security of
        any country redacted, and is required to, and does, reorganize
        and restate the publicly available financial statements of the
        Fund in a manner consistent with the Fund's code of good
        practices, and with the principles of transparency and
        accountability.
            ``(6) No loans for countries falsifying loan documents.--
        The Fund is prohibited from making, and has not made, a loan to
        or for the benefit of the government of any country which the
        Secretary of the Treasury or the Fund has found during the
        preceding 5 years to have falsified any item of information on
        any loan documentation submitted to the Fund. In addition, the
        Fund is required to institute, and has implemented, accounting
        controls and safeguards to curb potential misuse of loans by
        borrowers, and in any case in which the controls and safeguards
        are considered insufficient to prevent such a misuse, the Fund
is prohibited from making, and has not made, a loan.
            ``(7) Exhaustion of opportunities for private borrowing
        before instituting quota increase.--The Fund is required to
        exhaust, and has exhausted, all feasible opportunities to
        borrow from the private sector before instituting a quota
        increase for the member countries of the Fund.
    ``(c) Withdrawal of Authority To Make Loans to the Fund; Reduction
of Reserve Tranche Position of the United States.--If this subsection
applies for a fiscal year--
            ``(1) the Secretary of the Treasury may not make a loan
        under section 17 during the fiscal year; and
            ``(2) the Secretary of the Treasury shall cause the reserve
        tranche position of the United States at the Fund to be
        maintained at a level that is not more than $5,000,000,000 less
        than the lesser of--
                    ``(A) in the case of the first fiscal year for
                which this subsection applies, the level of the reserve
                tranche position immediately before this subsection
                applies; or
                    ``(B) in the case of any other fiscal year, the
                level at which this subsection required the reserve
                tranche position to be maintained during the most
                recent prior fiscal year for which this subsection
                applied.''.
    (b) Effective Date.--The amendment made by this section shall take
effect 3 years after the date of the enactment of this section.

SEC. 3. END OF UNITED STATES PARTICIPATION IN AND SUPPORT FOR THE
              ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE
              INTERNATIONAL MONETARY FUND.

    (a) Prohibition on Future Funding.--No officer, employee, or agent
of the United States may, directly or indirectly, provide any thing of
value to the International Monetary Fund for the purpose of providing
resources to, or supporting the activities of the Enhanced Structural
Adjustment Facility or other concessional lending facility of the
International Monetary Fund.
    (b) Veto of Use of Available Funds.--Section 5 of the Bretton Woods
Agreements Act (22 U.S.C. 286c) is further amended by adding at the end
the following: ``The director appointed to represent the United States
at the Fund shall use every effort to terminate the Enhanced Structural
Adjustment Facility of the Fund within one year after the date of the
enactment of this sentence. No director appointed to represent the
United States at the Fund shall vote for any proposal to use resources
of the Enhanced Structural Adjustment Facility of the Fund for any
purpose, except for a proposal to abolish the Facility and return any
remaining resources to the member countries of the Fund in proportion
to the quotas of such countries during calendar year 1975, or to
General Resources of the Fund.''.

Summary: Declares that the Secretary, if he or she fails to report or if the report fails to certify that the Fund has complied with the requirements of this Act, shall: (1) not make any foreign loans. And (2) cause the reserve tranche position of the United States at the Fund to be maintained at a certain level. Prohibits any US officer or employee from providing any thing of value to the Fund for the purpose of providing resources to, or supporting the activities of the Facility or any other concessional lending facility of the Fund. Requires the US director at the Fund to use every effort to terminate the Enhanced Structural Adjustment Facility.

IMF Reform Act of 2000


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Trafficking of Pills Act'' or
the ``STOP Act''.

SEC. 2. MEDICAID RESTRICTED RECIPIENT PROGRAM.

    (a) In General.--Title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) is amended--
            (1) in section 1902(a)--
                    (A) by striking ``and'' at the end of paragraph
                (82);
                    (B) by striking the period at the end of paragraph
                (83) and inserting ``; and''; and
                    (C) by inserting after paragraph (83) the following
                new paragraph:
            ``(84) in accordance with section 1908B, provide for the
        development and implementation of a restricted recipient
        program for individuals identified as high-risk prescription
        drug users.''; and
            (2) by inserting after section 1908A the following new
        section:

  ``restricted recipient program for high-risk prescription drug users

    ``Sec. 1908B  (a) Identification of High-Risk Prescription Drug
Users.--
            ``(1) In general.--Subject to paragraph (2), the State
        shall establish and implement a program, subject to approval by
        the Secretary, to--
                    ``(A) identify any prescription drug that--
                            ``(i) may be dispensed on the prescription
                        of a physician to an individual eligible to
                        receive medical assistance under the State
                        Medicaid program; and
                            ``(ii) presents a high risk of misuse or
                        overutilization, as determined by the State;
                    ``(B) establish a dosage level for each
                prescription drug identified under subparagraph (A)
                that would be deemed excessive in the absence of
                evidence of medical necessity;
                    ``(C) using a percentile-based method or other such
                form of statistical analysis, identify individuals
                (referred to in this section as `individuals identified
                as high-risk prescription drug users') who are eligible
                for medical assistance under the State Medicaid program
                and--
                            ``(i) are receiving a prescription drug
                        that has been identified under subparagraph (A)
                        at a dosage level that has been determined to
                        be excessive pursuant to subparagraph (B); or
                            ``(ii) are determined by the State,
                        pursuant to the procedure established under
                        paragraph (3), to have been convicted of a
                        drug-related offense; and
                    ``(D) ensure that individuals identified as high-
                risk prescription drug users pursuant to subparagraph
                (C) are assigned to the restricted recipient program
                described in subsection (b).
            ``(2) Case review.--For purposes of paragraph (1), the
        State shall establish and implement procedures to ensure that
        an individual who has been identified as a high-risk
        prescription drug user and is subject to the requirements under
        the restricted recipient program--
                    ``(A) is provided with reasonable notice regarding
                their assignment to the program and a description of
                the requirements under such program;
                    ``(B) is permitted to file an appeal with the State
                agency and receive a hearing thereon to review whether
                the individual has been properly identified as a high-
                risk prescription drug user;
                    ``(C) for purposes of subsection (b)(1), is
                permitted to file a claim with the State agency in
                order to seek reassignment to a different physician or
                pharmacist; and
                    ``(D) has reasonable access to any prescription
                drug that is medically necessary and required to be
                dispensed on an emergency basis.
            ``(3) Drug-related offenses.--For purposes of paragraph
        (1)(C)(ii), the State shall establish and implement procedures
        to determine whether an individual, at the time of enrollment
        or re-enrollment in the State Medicaid program, has been
        convicted (under Federal or State law) of any offense which is
        classified as a felony by the law of the jurisdiction involved
        and which has as an element the unlawful possession,
        manufacture, distribution, or dispensing of a prescription drug
        (including opioids and similar pain-management prescription
        drugs).
    ``(b) Restricted Recipient Program.--
            ``(1) Medicaid lock-in program.--
                    ``(A) In general.--Subject to subparagraph (B), the
                State shall establish and implement a program (referred
                to in this section as the `Medicaid Lock-in Program')
                to ensure that any individual identified as a high-risk
                prescription drug user is--
                            ``(i) assigned to a single and exclusive
                        physician (as defined in section 1861(r)) for
                        purposes of receiving any medical assistance
                        that is related to a prescription drug; and
                            ``(ii) assigned to a single and exclusive
                        pharmacy for purposes of receiving any
                        prescription drug that has been prescribed by a
                        physician described in clause (i).
            ``(2) Medicaid prescription drug restriction program.--
                    ``(A) In general.--Subject to subparagraph (B), the
                State, in conjunction with the Secretary, shall
                establish and implement a program to ensure that the
                claims processing system for the State does not permit
                a prescription drug to be dispensed by a provider to an
                individual identified as a high-risk prescription drug
                user if the same prescription drug has been dispensed
                to such individual within the previous 20 days.
                    ``(B) Exceptions.--
                            ``(i) Increased dosage.--For purposes of
                        subparagraph (A), the restrictions described in
                        such subparagraph shall not apply to an
                        individual identified as a high-risk
                        prescription drug user--
                                    ``(I) if the current prescription
                                is for an increased dosage of the
                                prescription drug and has been issued
                                by the same physician that issued the
                                previous prescription; or
                                    ``(II) in such other circumstances
                                as determined by the Secretary.
                            ``(ii) Procedural development.--The State,
                        in conjunction with the Secretary, shall
                        develop adequate procedures to ensure that
                        prescriptions described in clause (i) are not
                        affected by the restrictions described in
                        subparagraph (A) and are permitted to be
                        dispensed by a provider to an individual
                        identified as a high-risk prescription drug
                        user.
    ``(c) Existing State Programs.--
            ``(1) In general.--Subject to paragraphs (2) and (3), as
        well as any procedures as are determined appropriate by the
        Secretary, a restricted recipient program that has been
        established by a State prior to the date of enactment of the
        Stop Trafficking of Pills Act may be reviewed and certified by
        the Secretary as being in accordance with the requirements
        under this section for purposes of section 1902(a)(84).
            ``(2) Program improvement.--For purposes of paragraph (1),
        if the Secretary does not certify an existing State restricted
        recipient program as being in accordance with the requirements
        under this section, the Secretary shall identify any necessary
        enhancements or additional developments that are required in
        order for such program to be deemed in accordance with such
        requirements.
            ``(3) Drug-related offenses.--For purposes of paragraph
        (1), an existing State restricted recipient program shall be
        required to include procedures described in subsection (a)(3)
        for the identification and inclusion of individuals convicted
        of a drug-related offense.
    ``(d) Administrative Expenses.--Subject to such requirements as are
determined appropriate by the Secretary, for purposes of section
1903(a)(7), any amounts expended by the State to develop and implement
a restricted recipient program for individuals identified as high-risk
prescription drug users under this section, including any necessary
enhancements or additional developments identified under subsection
(c)(2), shall be considered amounts expended as necessary for the
proper and efficient administration of the State Medicaid plan.
    ``(e) Definitions.--For purposes of this section:
            ``(1) State medicaid program.--The term `State Medicaid
        program' means the State program for medical assistance
        provided under a State plan under this title, including any
        waiver approved with respect to such State plan.
            ``(2) Prescription drug.--The term `prescription drug'
        means a drug subject to section 503(b)(1) of the Federal Food,
        Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).''.
    (b) Withholding of Payment.--Section 1903(i) of the Social Security
Act (42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended--
            (1) in paragraph (25), by striking ``or'' at the end;
            (2) in paragraph (26), by striking the period and inserting
        ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(27) with respect to amounts expended for medical
        assistance for any prescription drug dispensed to an individual
        identified as a high-risk prescription drug user (as described
        in section 1908B(a)(1)(C)), unless the requirements under
        section 1908B are met.''.

SEC. 3. MEDICARE RESTRICTED RECIPIENT PROGRAM.

    Part D of title XVIII of the Social Security Act (U.S.C. 1395w-101
et seq.) is amended by adding at the end the following new section:

  ``restricted recipient program for high-risk prescription drug users

    ``Sec. 1860D-44  (a) Identification of High-Risk Prescription Drug
Users.--
            ``(1) In general.--Subject to paragraph (2), the Secretary
        shall establish and implement a program to--
                    ``(A) identify any prescription drug that--
                            ``(i) may be dispensed on the prescription
                        of a physician to an individual enrolled in a
                        prescription drug plan under this part; and
                            ``(ii) presents a high risk of misuse or
                        overutilization, as determined by the
                        Secretary;
                    ``(B) establish a dosage level for each
                prescription drug identified under subparagraph (A)
                that would be deemed excessive in the absence of
                evidence of medical necessity;
                    ``(C) using a percentile-based method or other such
                form of statistical analysis, identify individuals
                (referred to in this section as `individuals identified
                as high-risk prescription drug users') who are enrolled
                in a prescription drug plan under this part; and
                            ``(i) are receiving a prescription drug
                        that has been identified under subparagraph (A)
                        at a dosage level that has been determined to
                        be excessive pursuant to subparagraph (B); or
                            ``(ii) are determined by the Secretary,
                        pursuant to the procedure established under
                        paragraph (3), to have been convicted of a
                        drug-related offense; and
                    ``(D) ensure that individuals identified as high-
                risk prescription drug users pursuant to subparagraph
                (C) are assigned to the restricted recipient program
                described in subsection (b).
            ``(2) Case review.--For purposes of paragraph (1), the
        Secretary shall establish and implement procedures to ensure
        that an individual who has been identified as a high-risk
        prescription drug user and is subject to the requirements under
        the restricted recipient program--
                    ``(A) is provided with reasonable notice regarding
                their assignment to the program and a description of
                the requirements under such program;
                    ``(B) is permitted to file an appeal and receive a
                hearing thereon to review whether the individual has
                been properly identified as a high-risk prescription
                drug user; and
                    ``(C) has reasonable access to any prescription
                drug that is medically necessary and required to be
                dispensed on an emergency basis.
            ``(3) Drug-related offense.--For purposes of paragraph
        (1)(C)(ii), the Secretary shall establish and implement
        procedures to determine whether an individual, at the time of
        enrollment or re-enrollment in a prescription drug plan under
        this part, has been convicted (under Federal or State law) of
        any offense which is classified as a felony by the law of the
        jurisdiction involved and which has as an element the unlawful
        possession, manufacture, distribution, or dispensing of a
        prescription drug (including opioids and similar prescription
        pain-management drugs).
    ``(b) Prescription Drug Restriction Program.--The Secretary shall
establish policies and procedures to ensure that the provisions
described in section 1908B(b)(3) are applied to any individual
identified, pursuant to subsection (a)(1), as a high-risk prescription
drug user in a similar manner as such provisions are applied to such
individuals for purposes of title XIX.''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the
amendments made by this section shall take effect 120 days after the
date of enactment of this Act.
    (b) Extension of Effective Date for State Law Amendment.--In the
case of a State plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) which the Secretary determines requires State
legislation in order for the plan to meet the additional requirements
imposed by the amendments made by this section, the State plan shall
not be regarded as failing to comply with the requirements of the
amendments made by this section solely on the basis of its failure to
meet such additional requirements before the first day of the first
calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of the enactment of
this Act. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of the session is
considered to be a separate regular session of the State legislature.

Summary: Stop Trafficking of Pills Act or STOP Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require state Medicaid plans to: (1) identify prescription drugs that present a high-risk of misuse or overutilization, (2) establish a dosage level for each such drug that would be deemed excessive in the absence of evidence of medical necessity, (3) identify Medicaid-eligible individuals who are either receiving a prescription drug at excessive dosage levels or who have been convicted of a drug-related offense, and (4) ensure that they are assigned to a state-established restricted recipient program. Requires a state to establish a Medicaid Lock-in Program to ensure that a high-risk prescription drug user is assigned to: (1) a single and exclusive physician for purposes of receiving any medical assistance related to a prescription drug, and (2) a single and exclusive pharmacy to receive any physician-prescribed drug. Requires a state to establish a Medicaid prescription drug restriction program to ensure that the state claims processing system does not permit a prescription drug to be dispensed to a high-risk prescription drug user more than once every 20 days. Amends part D (Miscellaneous) of SSA title XXVIII (Medicare) to direct the Secretary of Health and Human Services (HHS) to establish a similar restricted recipient program for high-risk prescription drug users under the Medicare program.

A bill to prevent misuse, overutilization, and trafficking of prescription drugs by limiting access to such drugs for Medicare and Medicaid beneficiaries who have been identified as high-risk prescription drug users.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Bureau of Investigation
First Amendment Protection Act of 1993''.

SEC. 2. INVESTIGATION AUTHORIZATION AND INVESTIGATION STANDARDS.

    (a) In General.--Except as provided in section 7, the Federal
Bureau of Investigation (hereinafter in this Act referred to as the
``Bureau'') shall not initiate or conduct any investigation that may
involve the collection of information about the exercise by a United
States person of first amendment rights (hereinafter in this Act
referred to as an ``investigation covered by this Act''), other than in
accordance with the limitations and requirements established by and
under this Act.
    (b) Guidelines by Attorney General.--The Attorney General shall
issue publicly available guidelines for investigations covered by this
Act. Such guidelines shall implement this Act.

SEC. 3. INVESTIGATION AUTHORIZATION PROCEDURES.

    (a) Requirement of Finding by Director.--
            (1) In general.--Except as provided in subsection (c), the
        Bureau shall not initiate an investigation covered by this Act,
        unless the Director of the Bureau, or the Director's designee,
        finds in writing that--
                    (A) specific and articulable facts reasonably
                indicate that the subject of the investigation has
                engaged, is engaging, or is about to engage in a
                Federal criminal offense; and
                    (B) that the investigation is warranted, taking
                into consideration the magnitude of the suspected
                criminal offense, the likelihood it would occur, and
                the danger to privacy and the exercise of first
                amendment rights.
            (2) Citation of Law.--Such finding shall include a citation
        of the specific section of law establishing the criminal
        offense.
    (b) Special Rule if Organization is Target.--If such investigation
is directed at an organization engaging in the exercise of rights under
the first article of amendment to the Federal Constitution, such
finding must also set forth specific and articulable facts reasonably
indicating that all or most of the members of the organization have
engaged, are engaging, or are about to engage in a Federal criminal
offense.
    (c) Exception.--Employees of the Bureau, designated for this
purpose by the Director of the Bureau, may initiate an investigation
without a finding under subsection (a) if exigent circumstances so
require. However, an investigation initiated under this subsection must
cease not later than 7 days after the date it is initiated, unless a
finding of the sort required under subsection (a) is made.

SEC. 4. INVESTIGATIVE STANDARDS.

    (a) Least Intrusive Techniques and Minimization Procedures to be
Used.--In the conduct of any investigation covered by this Act, the
Bureau shall--
            (1) seek to gather only information relevant to Federal
        criminal offenses;
            (2) employ the least intrusive techniques available to
        gather information; and
            (3) follow procedures to minimize the acquisition,
        retention, or dissemination of any information relating to the
        exercise of first amendment rights or individual privacy.
    (b) Disposition of Certain Records.--Except as provided in this
subsection, the Bureau shall not disseminate or use any record,
identifiable to a United States person, resulting from any
investigation prohibited by this Act. The Bureau shall allow the person
to which such record relates to examine that record.
    (c) Periodic Review of Investigations.--An Assistant Director of
the Bureau shall at least once every 90 days, and the Department of
Justice shall at least once every 180 days, review each open
investigation covered by this Act. Such review shall assure that--
            (1) there is a continuing basis for the investigation; and
            (2) the requirements of this section are being met with
        respect to such investigation.

SEC. 5. CIVIL REMEDY.

    Any person aggrieved by a violation of this Act may in a civil
action against the United States recover appropriate relief, including
whichever is the greater of actual damages or $10,000.

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) first amendment rights include any right protected
        under the first article of amendment to the Constitution of the
        United States;
            (2) the Bureau includes each agent or other person or
        entity acting under authority of the Bureau; and
            (3) the term ``United States person'' has the meaning given
        that term in section 1801 of title 50, United States Code.

SEC. 7. NONAPPLICABILITY TO BACKGROUND INVESTIGATIONS.

    This Act does not apply to background investigations conducted with
the consent of the subject regarding--
            (1) nominees to judicial and executive branch positions
        requiring the advice and consent of the Senate;
            (2) employees of the Department of Justice, or any
        component thereof; or
            (3) the granting or retention of security clearances.

Summary: Federal Bureau of Investigation First Amendment Protection Act of 1993 - Prohibits the Federal Bureau of Investigation from conducting any investigation that may involve the collection of information about the exercise by a US person of first amendment rights, except in conformance with specified procedures and standards.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sugar Competitiveness Act of 1995''.

SEC. 2. MARKET-ORIENTED SUGAR PROGRAM LOANS.

    (a) In General.--Section 206 of the Agricultural Act of 1949 (7
U.S.C. 1446g) is amended--
            (1) by striking the section heading, subsections (a)
        through (h), and subsection (j);
            (2) by inserting before subsection (i) the following:

``SEC. 206. RECOURSE LOANS TO PROCESSORS OF SUGARCANE AND SUGAR BEETS.

    ``(a) Sugarcane Processor Loans.--
            ``(1) In general.--The Secretary shall make recourse loans
        available to processors of sugarcane on raw cane sugar
        processed from the 1995 and succeeding crops of sugarcane.
            ``(2) Loan rates.--Recourse loans under this subsection
        shall be make at the rate of 18 cents per pound of raw cane
        sugar for the 1995 crop of sugarcane; 16 cents per pound of raw
        cane sugar for the 1996 crop of sugarcane; 14 cents per pound
        for the 1997 crop of sugarcane; and 12 cents per pound for the
        1998 and succeeding crops of sugarcane.
    ``(b) Sugar Beet Processor Loans.--
            ``(1) In general.--The Secretary shall make recourse loans
        available to processors of sugar beets on refined sugar
        processed from the 1995 and succeeding crops of sugar beets.
            ``(2) Loan rates.--Recourse loans under this subsection for
        sugar refined from a crop of sugar beets shall be made at a
        rate, per pound of refined sugar, that reflects--
                    ``(A) an amount that bears the same relation to the
                loan rate in effect under subsection (a)(2) as the
                weighted average of producer returns for sugar beets
                bears to the weighted average of producer returns for
                sugarcane, expressed on a cents per pound basis for
                refined beet sugar and raw cane sugar, for the most
                recent 5-year period for which data are available; plus
                    ``(B) an amount that covers sugar beet processor
                fixed marketing expenses.
    ``(c) Administrative Rules.--
            ``(1) National loan rates.--Recourse loans under this
        section shall be made available at all locations nationally at
        the rates specified in this section, without adjustment to
        provide regional differentials.
            ``(2) Length of loans.--Each recourse loan made under this
        section shall be for a term of 3 months, and may be extended
        for additional 3-month terms, except that--
                    ``(A) no loan may have a cumulative term in excess
                of 9 months or a term that extends beyond September 30
                of the fiscal year in which the loan is made; and
                    ``(B) a processor may terminate a loan and redeem
                the collateral for the loan at any time by payment in
                full of principal, interest, and fees then owing.
    ``(d) Prohibition on Price Support.--The Secretary may not make
price support available, whether in the form of nonrecourse loans,
payments, purchases, or other operations, for the 1995 or subsequent
crops of sugarcane or sugar beets by using the funds of the Commodity
Credit Corporation.
    ``(e) Use of Commodity Credit Corporation.--The Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this section.''.
    (b) Effect on Existing Loans.--
            (1) Except as provided in paragraph (2), section 206 of the
        Agricultural Act of 1949 (7 U.S.C. 1446g), as in effect on the
        day before the date of the enactment of this Act, shall
        continue to apply with respect to nonrecourse loans made under
        such section before such date.
            (2) Any loan in effect on the day before the date of the
        enactment of this Act that is extended on or after the date of
        enactment shall be converted, when extended, into a recourse
        loan at the loan rate specified in section 206(a), as amended
        by this Act, and any loan made on or after the date of
        enactment shall be a recourse loan.
    (c) Extension and Modification of Marketing Assessment.--Subsection
(i) of the Agricultural Act of 1949 (7 U.S.C. 1446g) is amended--
            (1) by striking ``(i)'' and inserting ``(f)'';
            (2) in paragraph (1)--
                    (A) by striking ``1992 through 1996'' and inserting
                ``1992 through 2003'';
                    (B) in subparagraph (A), by striking ``subsection
                (b)'' and inserting ``subsection (a)''; and
                    (C) in subparagraph (B)--
                            (i) by striking ``subsection (b)'' and
                        inserting ``subsection (a)'';
                            (ii) by striking ``1998'' and inserting
                        ``2003'';
                            (iii) by striking ``1.1 percent'' and
                        inserting ``1.5 percent''; and
                            (iv) by striking ``(but not more than .198
                        cents per pound of raw cane sugar)'' and
                        inserting ``as of October 1, 1995'';
            (3) in paragraph (2)--
                    (A) by striking ``1992 through 1996'' and inserting
                ``1992 through 2003''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``1998'' and inserting
                        ``2003'';
                            (ii) by striking ``1.1794 percent'' and
                        inserting ``1.6083 percent'';
                            (iii) by striking ``(but not more than
                        .2123 cents per pound of beet sugar)'' and
                        inserting ``as of October 1, 1995''; and
                            (iv) adding at the end the following new
                        paragraph:
            ``(7) Imported sugar.--Effective only for imports of raw
        cane sugar and refined sugar during the 1996 through 2003
        fiscal years, each exporter of raw cane sugar or refined sugar
        to be imported into the United States shall remit to the
        Commodity Credit Corporation a nonrefundable marketing
        assessment in an amount equal--
                    ``(A) in the case of imports of raw cane sugar, 1.5
                percent of the loan level established under subsection
                (a) per pound of raw cane sugar as of October 1, 1995;
                    ``(B) in the case of imports of refined sugar,
                1.6083 percent of the loan level established under
                subsection (b) per pound of refined sugar as of October
                1, 1995.''.
    (d) Conforming Amendments.--
            (1) Price support for designated nonbasic agricultural
        commodities.--Section 201(a) of the Agricultural Act of 1949 (7
        U.S.C. 1446(a)) is amended by striking out ``milk, sugar beets,
        and sugarcane'' and inserting in lieu thereof ``and milk''.
            (2) Price support benefits to producers.--
                    (A) In general.--Section 401(e) of such Act (7
                U.S.C. 1421(e)) is amended by striking out ``(1)'' in
                paragraph (1) and striking out paragraph (2).
                    (B) Technical amendment.--Section 405(b) of such
                Act (7 U.S.C. 1425(b)) is amended by striking out the
                last sentence.
            (3) Title iii of the agricultural act of 1949.--Section 301
        of the Agricultural Act of 1949 (7 U.S.C. 1447) is amended by
        inserting ``(other than sugarcane and sugar beets)'' before
        ``at a level''.
            (4) Powers of commodity credit corporation.--Section 5(a)
        of the Commodity Credit Corporation Charter Act (15 U.S.C.
        714c(a)) is amended by inserting ``(except for sugarcane and
        sugar beets of the 1996 and subsequent crops)'' after
        ``agricultural commodities''.
            (5) Section 32 activities.--The second sentence of the
        first paragraph of section 32 of the Act of August 24, 1935 (7
        U.S.C. 612c) is amended by inserting ``(other than sugarcane
        and sugar beets)'' after ``commodity'' the last place it
        appears.
    (e) CCC Sales Price Restrictions.--Section 407(c) of such Act (7
U.S.C. 1427(c)) is amended by adding at the end a new paragraph as
follows:
            ``(6) Sugar.--The Corporation may sell for unrestricted use
        sugar surrendered to it under the loan programs provided for in
        section 351 at such price as the Corporation determines
        appropriate to maintain and expand export and domestic markets
        for sugar and to avoid undue disruption of commercial sales of
        sugar.''.
    (f) Assurance of Adequate Supplies of Sugar.--Effective October 1,
1996, section 902(a) of the Food Security Act of 1985 (7 U.S.C. 1446g
note) is amended to read as follows: ``Beginning with the quota year
for sugar imports that begins after the 1994/1995 quota year, the
President and the Secretary of Agriculture shall use all authorities
available to the President and the Secretary, as the case may be, to
ensure that adequate supplies of raw cane sugar are made available to
the United States market at prices no greater than the higher of--
            ``(1) the world sugar price (adjusted to a delivered
        basis); or
            ``(2) the raw cane sugar loan rate in effect under section
        206(a) of the Agricultural Act of 1949 (plus interest).''.

SEC. 3. TERMINATION OF MARKETING QUOTA AND ALLOTMENTS.

    (a) Termination.--
            (1) In general.--Subject to paragraph (2), part VII of
        subtitle B of title III of the Agricultural Adjustment Act of
        1938 (7 U.S.C. 1359aa-1359jj) is repealed.
            (2) Effective date.--Paragraph (1) shall be effective
        October 1, 1996, for sugar marketed on or after such date.
    (b) Conforming Amendment.--Section 344(f)(2) of such Act (7 U.S.C.
1344(f)(2)) is amended by striking out ``sugar cane for sugar; sugar
beets for sugar;''.

Summary: Sugar Competitiveness Act of 1995 - Amends the Agricultural Act of 1949 to replace current sugar price support provisions with recourse loans to sugarcane and sugar beet producers. Reduces sugarcane loan rates from 18 cents per pound to 12 cents per pound over three years. Prohibits sugar price supports. Provides for the conversion of any current nonrecourse loans that are extended into recourse loans. Extends and increases sugar marketing assessment provisions. Includes imported sugar within such provisions' scope. Provides for the regulation of imported raw sugarcane at prices not greater than the world sugar price or the raw sugarcane loan rate. Amends the Agricultural Adjustment Act of 1938 to terminate sugar marketing quota and allotment provisions.

Sugar Competitiveness Act of 1995


SEC. 942. CERTAIN HEALTH PROFESSIONS PROGRAMS REGARDING PRACTICE OF
              PHARMACY.

    Part E of title VII of the Public Health Service Act (42 U.S.C.
294n et seq.) is amended by adding at the end the following subpart:

               ``Subpart 3--Pharmacist Workforce Programs

``SEC. 771. PUBLIC SERVICE ANNOUNCEMENTS.

    ``(a) Public Service Announcements.--
            ``(1) In general.--The Secretary shall develop and issue
        public service announcements that advertise and promote the
        pharmacist profession, highlight the advantages and rewards of
        being a pharmacist, and encourage individuals to enter the
        pharmacist profession.
            ``(2) Method.--The public service announcements described
        in subsection (a) shall be broadcast through appropriate media
        outlets, including television or radio, in a manner intended to
        reach as wide and diverse an audience as possible.
    ``(b) State and Local Public Service Announcements.--
            ``(1) In general.--The Secretary shall award grants to
        entities to support State and local advertising campaigns
        through appropriate media outlets to promote the pharmacist
        profession, highlight the advantages and rewards of being a
        pharmacist, and encourage individuals from disadvantaged
        backgrounds to enter the pharmacist profession.
            ``(2) Use of funds.--An entity that receives a grant under
        subsection (a) shall use funds received through such grant to
        acquire local television and radio time, place advertisements
        in local newspapers, and post information on billboards or on
        the Internet, in order to--
                    ``(A) advertise and promote the pharmacist
                profession;
                    ``(B) promote pharmacist education programs;
                    ``(C) inform the public of public assistance
                regarding such education programs;
                    ``(D) highlight individuals in the community that
                are presently practicing as pharmacists to recruit new
                pharmacists; and
                    ``(E) provide any other information to recruit
                individuals for the pharmacist profession.
            ``(3) Method.--The campaigns described in subsection (a)
        shall be broadcast on television or radio, placed in newspapers
        as advertisements, or posted on billboards or the Internet, in
        a manner intended to reach as wide and diverse an audience as
        possible.

``SEC. 772. DEMONSTRATION PROJECT.

    ``(a) In General.--The Secretary shall establish a demonstration
project to enhance the participation of individuals who are pharmacists
in the National Health Service Corps Loan Repayment Program described
in section 338B.
    ``(b) Services.--Services that may be provided by pharmacists
pursuant to the demonstration project established under this section
include medication therapy management services to assure that
medications are used appropriately by patients, to enhance patients'
understanding of the appropriate use of medications, to increase
patients' adherence to prescription medication regimens, to reduce the
risk of adverse events associated with medications, and to reduce the
need for other costly medical services through better management of
medication therapy. Such services may include case management, disease
management, drug therapy management, patient training and education,
counseling, drug therapy problem resolution, medication administration,
the provision of special packaging, or other services that enhance the
use of prescription medications.
    ``(c) Procedure.--The Secretary may not provide assistance to an
individual under this section unless the individual agrees to comply
with all requirements described in sections 338B and 338D.
    ``(d) Limitations.--The demonstration project described in this
section shall provide for the participation of--
            ``(1) individuals to provide services in rural and urban
        areas; and
            ``(2) enough individuals to allow the Secretary to properly
        analyze the effectiveness of such project.
    ``(e) Designations.--The demonstration project described in this
section, and any pharmacists who are selected to participate in such
project, shall not be considered by the Secretary in the designation of
a health professional shortage area under section 332 during fiscal
years 2003 through 2005.
    ``(f) Rule of Construction.--This section shall not be construed to
require any State to participate in the project described in this
section.
    ``(g) Report.--The Secretary shall prepare and submit a report on
the project to--
                    ``(A) the Committee on Health, Education, Labor,
                and Pensions of the Senate;
                    ``(B) the Subcommittee on Labor, Health and Human
                Services, and Education of the Committee on
                Appropriations of the Senate;
                    ``(C) the Committee on Energy and Commerce of the
                House of Representatives; and
                    ``(D) the Subcommittee on Labor, Health and Human
                Services, and Education of the Committee on
                Appropriations of the House of Representatives.

``SEC. 773. INFORMATION TECHNOLOGY.

    ``(a) Grants and Contracts.--The Secretary may make awards of
grants or contracts to qualifying schools of pharmacy for the purpose
of assisting such schools in acquiring and installing computer-based
systems to provide pharmaceutical education. Education provided through
such systems may be graduate education, professional education, or
continuing education. The computer-based systems may be designed to
provide on-site education, or education at remote sites (commonly
referred to as distance learning), or both.
    ``(b) Qualifying School of Pharmacy.--For purposes of this section,
the term `qualifying school of pharmacy' means a school of pharmacy (as
defined in section 799B) that requires students to serve in a clinical
rotation in which pharmacist services are part of the curriculum.

``SEC. 774. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this subpart, there are
authorized to be appropriated such sums as may be necessary for each of
the fiscal years 2003 through 2006.''.

Summary: Amends the Public Health Service Act to require the Secretary of Health and Human Services to promote the pharmacist profession through public health service announcements, including grants for State and local advertising campaigns. Directs the Secretary to establish a demonstration project to enhance the participation of pharmacists in the National Health Service Corps Loan Repayment Program through the provision of medication therapy management services. Requires participants to follow Program requirements but excludes them from consideration when health professional shortage areas are designated. Authorizes the Secretary to make grants or contracts to qualifying schools of pharmacy for computer-based systems for pharmaceutical education. Authorizes appropriations for FY 2003 through 2006.

To amend the Public Health Service Act to establish health professions programs regarding practice of pharmacy.


SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Endangered Species
Criminal and Civil Penalties Liability Reform Act''.
    (b) References to Endangered Species Act of 1973.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to that section or provision of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).

SEC. 2. SPECIFIC INTENT REQUIRED FOR PENALTIES REGARDING TAKINGS OF
              SPECIES.

    Section 9 (16 U.S.C. 1538) is amended by adding at the end the
following:
    ``(h) Specific Intent Required for Taking.--For purposes of this
section, the term `take' means to--
            ``(1) knowingly and intentionally perform any act with the
        knowledge that the act would constitute harassing, harming,
        pursuing, hunting, shooting, wounding, killing, trapping,
        capturing, or collecting an individual member of a species that
        was present at the time and location of the act; or
            ``(2) attempt to engage in conduct described in paragraph
        (1).''.

SEC. 3. REQUIREMENT TO PROVIDE NOTICE AND OPPORTUNITY TO CORRECT
              VIOLATION.

    Section 10 (16 U.S.C. 1540) is amended by adding at the end the
following:
    ``(k) Notice and Opportunity To Correct Violation.--
            ``(1) In general.--A person shall not be liable for any
        criminal or civil penalty for a violation of this Act committed
        while conducting an otherwise lawful activity and not for the
        purpose of a taking prohibited by this Act, unless--
                    ``(A) the Secretary provides the person notice of
                the violation; and
                    ``(B) the person fails to terminate and otherwise
                correct the activity constituting the violation by not
                later than 30 days after the date of the notice.
            ``(2) Corrective action.--A person may correct an activity
        for purposes of paragraph (1)(B) by mitigation, entering into a
        binding commitment to carry out mitigation, or other method
        that is determined by the Secretary to be reasonably calculated
        to restore the species to its status immediately prior to the
        activity.''.

SEC. 4. NO SURPRISES.

    Section 10(a) (16 U.S.C. 1539(a)) is amended by adding at the end
the following:
    ``(3)(A) Each conservation plan developed under this subsection
shall include provisions under which a person who has entered into, and
is in compliance with, the conservation plan may not, without their
consent, be required to undertake any additional mitigation measures
for species covered by the plan if the measures would require payment
of money, or compliance with use, development, or management
restrictions on any land, waters, or water-related rights, in addition
to payments or compliance, respectively, otherwise required under the
terms of the plan.
    ``(B) The provisions required by subparagraph (A) shall, among
other matters, identify--
            ``(i) modifications to the plan; or
            ``(ii) additional conservation measures;
if any, that the Secretary may require under extraordinary
circumstances.''.

SEC. 5. KNOWLEDGE OF ENDANGERED OR THREATENED STATUS REQUIRED FOR
              ENFORCEMENT ACTIONS.

    Section 11 (16 U.S.C. 1540) is further amended by adding at the end
the following:
    ``(h) Knowledge of Endangered or Threatened Status Required.--In
any enforcement action or citizen suit under this Act in which it is
alleged that the defendant acted or failed to act with respect to a
member of a species listed under section 4(c), it is an affirmative
defense to the allegation that the defendant could not reasonably have
known that the fish or wildlife or plant concerned is a member of an
endangered species or threatened species.''.

SEC. 6. SAFE HARBOR AGREEMENTS.

    Section 10 (16 U.S.C. 1539) is further amended by adding at the end
thereof the following new subsection:
    ``(m) Safe Harbor Agreements.--
            ``(1) Agreements.--
                    ``(A) In general.--The Secretary may enter into
                agreements with non-Federal persons to benefit the
                conservation of endangered species or threatened
                species by creating, restoring, or improving habitat or
                by maintaining currently unoccupied habitat for
                endangered species or threatened species. Under an
                agreement, the Secretary shall permit the person to
                take endangered species or threatened species included
                under the agreement on lands or waters that are subject
                to the agreement if the taking is incidental to, and
                not the purpose of, carrying out of an otherwise lawful
                activity, provided that the Secretary may not permit
                through such agreements any incidental take below the
                baseline requirement specified pursuant to subparagraph
                (B).
                    ``(B) Baseline.--For each agreement under this
                subsection, the Secretary shall establish a baseline
                requirement that is mutually agreed upon by the
                applicant and the Secretary at the time of the
                agreement that will, at a minimum, maintain existing
                conditions for the species covered by the agreement on
                lands and waters that are subject to the agreement. The
                baseline may be expressed in terms of the abundance or
                distribution of endangered or threatened species,
                quantity or quality of habitat, or such other
                indicators as appropriate.
            ``(2) Standards and guidelines.--The Secretary shall issue
        standards and guidelines for the development and approval of
        safe harbor agreements in accordance with this subsection.
            ``(3) Financial assistance.--
                    ``(A) In general.--In cooperation with the States
                and subject to the availability of appropriations under
                section 15(d), the Secretary may provide a grant of up
                to $10,000 to any individual private landowner to
                assist the landowner in carrying out a safe harbor
                agreement under this subsection.
                    ``(B) Prohibition on assistance for required
                activities.--The Secretary may not provide assistance
                under this paragraph for any action that is required by
                a permit issued under this Act or that is otherwise
                required under this Act or other Federal law.
                    ``(C) Other payments.--Grants provided to an
                individual private landowner under this paragraph shall
                be in addition to, and not affect, the total amount of
                payments that the landowner is otherwise eligible to
                receive under the Conservation Reserve Program (16
                U.S.C. 3831 et seq.), the Wetlands Reserve Program (16
                U.S.C. 3837 et seq.), or the Wildlife Habitat
                Incentives Program (16 U.S.C. 3836a).''.

Summary: Endangered Species Criminal and Civil Penalties Liability Reform Act - Amends the Endangered Species Act of 1973 to define take to mean to knowingly and intentionally perform any act with the knowledge that the act would constitute harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an individual member of a species that was present at the time and location of the act, or to attempt to engage in such conduct. Prohibits a person from being liable for any criminal or civil penalty for a violation committed while conducting an otherwise lawful activity and not for the purpose of a prohibited taking, unless: (1) the Secretary of the Interior provides the person with notice of the violation. And (2) the person fails to terminate and correct the activity constituting the violation by not later than 30 days after the date of the notice. Requires each conservation plan developed to include provisions under which persons who have entered into, and are in compliance with, the conservation plan may not, without their consent, be required to undertake any additional mitigation measures for species covered by the plan if the measures would require payment or compliance with use, development, or management restrictions on any land, waters, or water related rights, in addition to payments or compliance, respectively, otherwise required under the terms of the plan. Requires such provisions, among other matters, to identify modifications to the plan or additional conservation measures, if any, that the Secretary may require under extraordinary circumstances. Makes it an affirmative defense, in any enforcement action or citizen suit in which it is alleged that a defendant acted or failed to act with respect to a member of an endangered or threatened species, that the defendant could not reasonably have known that the fish or wildlife or plant concerned is a member of an endangered or threatened species. Authorizes the Secretary to: (1) enter into safe harbor agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat. And (2) provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out such an agreement.