SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Prescription Drug Cost
Containment Act of 2004''.

SEC. 2. INCLUSION IN ANNUAL REPORT OF MEDICARE TRUSTEES OF INFORMATION
              ON STATUS OF MEDICARE PRESCRIPTION DRUG ACCOUNT.

    (a) Determinations of Excess General Revenue Medicare Prescription
Drug Funding.--
            (1) In general.--On the same date on which the President
        submits a budget to Congress, the Secretary of Health and Human
        Services (in this Act referred to as the ``Secretary''), shall
        submit to Congress a determination as to whether there is
        projected to be excess general revenue medicare prescription
        drug funding (as defined in subsection (b)) for the fiscal year
        for which the budget is submitted.
            (2) Medicare part d funding warning.--For purposes of
        section 1105(i) of title 31, United States Code, and this Act,
        an affirmative determination under paragraph (1) by the
        Secretary shall be treated as a medicare part D funding warning
        in the fiscal year beginning on October 1 of the year in which
        the determination is submitted to Congress.
    (b) Definitions.--For purposes of this section:
            (1) Excess general revenue medicare prescription drug
        funding.--The term ``excess general revenue medicare
        prescription drug funding'' means, with respect to a fiscal
        year during the period beginning on the date of enactment of
        this Act and ending on September 30, 2013, that--
                    (A) the amounts deposited in the Medicare
                Prescription Drug Account under section 1860D-16(c)(2)
                (42 U.S.C. 1395w-116(c)(2)), as added by section 101 of
                the Medicare Prescription Drug, Improvement, and
                Modernization Act of 2003 (Public Law 108-173); exceed
                    (B) the part D target amount (as defined in
                paragraph (2)).
            (2) Part d target amount.--The term ``part D target
        amount'' means for a year--
                    (A) for fiscal year 2005, $800,000,000;
                    (B) for fiscal year 2006, $25,700,000,000;
                    (C) for fiscal year 2007, $39,000,000,000;
                    (D) for fiscal year 2008, $44,600,000,000;
                    (E) for fiscal year 2009, $48,700,000,000;
                    (F) for fiscal year 2010, $53,700,000,000;
                    (G) for fiscal year 2011, $58,600,000,000;
                    (H) for fiscal year 2012, $65,300,000,000; and
                    (I) for fiscal year 2013, $73,100,000,000.
    (c) Technical Amendment.--Section 1860D-16(c)(3) of the Social
Security Act (42 U.S.C. 1395w-116(c)(3)), as added by section 101 of
the Medicare Prescription Drug, Improvement, and Modernization Act of
2003 (Public Law 108-173), is amended by striking ``under paragraph (1)
or subsection (a)(2)'' and inserting ``under paragraph (1), (2), or
(4), gifts and bequests as may be made as provided in section
201(i)(1), or accrued interest on balances in the Account''.

SEC. 3. PRESIDENTIAL SUBMISSION OF LEGISLATION.

    (a) In General.--Section 1105 of title 31, United States Code, as
amended by section 802(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173), is
amended by adding at the end the following new subsection:
    ``(i)(1) If there is a medicare part D funding warning under
section 2(a)(2) of the Medicare Prescription Drug Cost Containment Act
of 2004 made in a year, the President shall submit to Congress, within
the 15-day period beginning on the date of the budget submission to
Congress under subsection (a) for the succeeding year, proposed
legislation to respond to such warning.
    ``(2) Paragraph (1) does not apply if, during the year in which the
warning is made, legislation is enacted which eliminates excess general
revenue medicare funding (as defined in section 2(b) of the Medicare
Prescription Drug Cost Containment Act of 2004) for the period
beginning with the fiscal year for which the determination is made and
ending on September 30, 2013, as certified by the Board of Trustees of
the Federal Supplementary Medicare Insurance Trust Fund not later than
30 days after the date of the enactment of such legislation.''.
    (b) Sense of Congress.--It is the sense of Congress that
legislation submitted pursuant to section 1105(i) of title 31, United
States Code, in a year should be designed to eliminate excess general
revenue medicare funding (as defined in section 2(b)) for the period
that begins with the fiscal year for which the determination is made
and ends on September 30, 2013.

SEC. 4. PROCEDURES IN THE HOUSE OF REPRESENTATIVES.

    (a) Introduction and Referral of President's Legislative
Proposal.--
            (1) Introduction.--In the case of a legislative proposal
        submitted by the President pursuant to section 1105(i) of title
        31, United States Code, as added by section 3(a), within the
        15-day period specified in paragraph (1) of such section, the
        majority leader of the House of Representatives (or his
        designee) and the minority leader of the House of
        Representatives (or his designee) shall introduce such proposal
        (by request), the title of which is as follows: ``A bill to
        respond to a medicare part D funding warning.'' Such bill shall
        be introduced within 3 legislative days after Congress receives
        such proposal.
            (2) Referral.--Any legislation introduced pursuant to
        paragraph (1) shall be referred to the appropriate committees
        of the House of Representatives.
    (b) Direction to the Appropriate House Committees.--
            (1) In general.--In the House, in any year during which the
        President is required to submit proposed legislation to
        Congress under section 1105(i) of title 31, United States Code,
        the appropriate committees shall report medicare funding
        legislation by not later than June 30 of such year.
            (2) Medicare funding legislation.--For purposes of this
        section, the term ``medicare funding legislation'' means--
                    (A) legislation introduced pursuant to subsection
                (a)(1), but only if the legislative proposal upon which
                the legislation is based was submitted within the 15-
                day period referred to in such subsection; or
                    (B) any bill the title of which is as follows: ``A
                bill to respond to a medicare part D funding
                warning.''.
            (3) Certification.--With respect to any medicare funding
        legislation or any amendment to such legislation to respond to
        a medicare part D funding warning, the chairman of the
        Committee on the Budget of the House shall certify--
                    (A) whether or not such legislation eliminates
                excess general revenue medicare funding (as defined in
                section 2(c)) for each fiscal year during the period
                beginning with the fiscal year for which the
                determination is made and ending on September 30, 2013;
                and
                    (B) with respect to such an amendment, whether the
                legislation, as amended, would eliminate excess general
                revenue medicare funding (as defined in section 2(c))
                for each fiscal year in such period.
    (c) Fallback Procedure for Floor Consideration If the House Fails
To Vote on Final Passage by July 30.--
            (1) After July 30 of any year during which the President is
        required to submit proposed legislation to Congress under
        section 1105(i) of title 31, United States Code, unless the
        House of Representatives has voted on final passage of any
        medicare funding legislation for which there is an affirmative
        certification under subsection (b)(3)(A), then, after the
        expiration of not less than 30 calendar days (and concurrently
        5 legislative days), it is in order to move to discharge any
        committee to which medicare funding legislation which has such
        a certification and which has been referred to such committee
        for 30 calendar days from further consideration of the
        legislation.
            (2) A motion to discharge may be made only by an individual
        favoring the legislation, may be made only if supported by \1/
        5\ of the total membership of the House of Representatives (a
        quorum being present), and is highly privileged in the House of
        Representatives. Debate thereon shall be limited to not more
        than 1 hour, the time to be divided in the House of
        Representatives equally between those favoring and those
        opposing the motion. An amendment to the motion is not in
        order, and it is not in order to move to reconsider the vote by
        which the motion is agreed to or disagreed to.
            (3) Only 1 motion to discharge a particular committee may
        be adopted under this subsection in any session of Congress.
            (4) Notwithstanding paragraph (1), it shall not be in order
        to move to discharge a committee from further consideration of
        medicare funding legislation pursuant to this subsection during
        a session of Congress if, during the previous session of the
        Congress, the House of Representatives passed medicare funding
        legislation for which there is an affirmative certification
        under subsection (b)(3)(A).
    (d) Floor Consideration in the House of Discharged Legislation.--
            (1) In the House, not later than 3 legislative days after
        any committee has been discharged from further consideration of
        legislation under subsection (c), the Speaker shall resolve the
        House into the Committee of the Whole for consideration of the
        legislation.
            (2) The first reading of the legislation shall be dispensed
        with. All points of order against consideration of the
        legislation are waived. General debate shall be confined to the
        legislation and shall not exceed 5 hours, which shall be
        divided equally between those favoring and those opposing the
        legislation. After general debate the legislation shall be
        considered for amendment under the 5-minute rule. During
        consideration of the legislation, no amendments shall be in
        order in the House of Representatives or in the Committee of
        the Whole except those for which there has been an affirmative
        certification under subsection (b)(3)(B). All points of order
        against consideration of any such amendment in the Committee of
        the Whole are waived. The legislation, together with any
        amendments which shall be in order, shall be considered as
        read. During the consideration of the bill for amendment, the
        Chairman of the Committee of the Whole may accord priority in
        recognition on the basis of whether the Member offering an
        amendment has caused it to be printed in the portion of the
        Congressional Record designated for that purpose in clause 8 of
        Rule XVIII of the Rules of the House of Representatives. Debate
        on any amendment shall not exceed 1 hour, which shall be
        divided equally between those favoring and those opposing the
        amendment, and no pro forma amendments shall be offered during
        the debate. The total time for debate on all amendments shall
        not exceed 10 hours. At the conclusion of consideration of the
        legislation for amendment, the Committee shall rise and report
        the legislation to the House of Representatives with such
        amendments as may have been adopted. The previous question
        shall be considered as ordered on the legislation and
        amendments thereto to final passage without intervening motion
        except one motion to recommit with or without instructions. If
        the Committee of the Whole rises and reports that it has come
to no resolution on the bill, then on the next legislative day the
House of Representatives shall, immediately after the third daily order
of business under clause 1 of Rule XIV of the Rules of the House of
Representatives, resolve into the Committee of the Whole for further
consideration of the bill.
            (3) All appeals from the decisions of the Chair relating to
        the application of the Rules of the House of Representatives to
        the procedure relating to any such legislation shall be decided
        without debate.
            (4) Except to the extent specifically provided in the
        preceding provisions of this subsection, consideration of any
        such legislation and amendments thereto (or any conference
        report thereon) shall be governed by the Rules of the House of
        Representatives applicable to other bills and resolutions,
        amendments, and conference reports in similar circumstances.
    (e) Legislative Day Defined.--As used in this section, the term
``legislative day'' means a day on which the House of Representatives
is in session.
    (f) Restriction on Waiver.--In the House of Representatives, the
provisions of this section may be waived only by a rule or order
proposing only to waive such provisions.
    (g) Rulemaking Power.--The provisions of this section are enacted
by the Congress--
            (1) as an exercise of the rulemaking power of the House of
        Representatives and, as such, shall be considered as part of
        the rules of that House of Representatives and shall supersede
        other rules only to the extent that they are inconsistent
        therewith; and
            (2) with full recognition of the constitutional right of
        that House to change the rules (so far as they relate to the
        procedures of that House) at any time, in the same manner, and
        to the same extent as in the case of any other rule of that
        House.

SEC. 5. PROCEDURES IN THE SENATE.

    (a) Introduction and Referral of President's Legislative
Proposal.--
            (1) Introduction.--In the case of a legislative proposal
        submitted by the President pursuant to section 1105(i) of title
        31, United States Code, within the 15-day period specified in
        paragraph (1) of such section, the majority leader and minority
        leader of the Senate (or their designees) shall introduce such
        proposal (by request), the title of which is as follows: ``A
        bill to respond to a medicare part D funding warning.'' Such
        bill shall be introduced within 3 days of session after
        Congress receives such proposal.
            (2) Referral.--Any legislation introduced pursuant to
        paragraph (1) shall be referred to the Committee on Finance.
    (b) Medicare Funding Legislation.--For purposes of this section,
the term ``medicare funding legislation'' means--
            (1) legislation introduced pursuant to subsection (a)(1),
        but only if the legislative proposal upon which the legislation
        is based was submitted within the 15-day period referred to in
        such subsection; or
            (2) any bill the title of which is as follows: ``A bill to
        respond to a medicare part D funding warning.''.
    (c) Qualification for Special Procedures.--
            (1) In general.--The special procedures set forth in
        subsections (d) and (e) shall apply to medicare funding
        legislation, as described in subsection (b), only if the
        legislation--
                    (A) is medicare funding legislation that is passed
                by the House of Representatives; or
                    (B) contains matter within the jurisdiction of the
                Committee on Finance in the Senate.
            (2) Failure to qualify for special procedures.--If the
        medicare funding legislation does not satisfy paragraph (1),
        then the legislation shall be considered under the ordinary
        procedures of the Standing Rules of the Senate.
    (d) Discharge.--
            (1) In general.--If the Committee on Finance of the Senate
        has not reported medicare funding legislation described in
        subsection (c)(1) by June 30 of a year in which the President
        is required to submit medicare funding legislation to Congress
        under section 1105(i) of title 31, United States Code, then any
        Senator may move to discharge the Committee of any single
        medicare funding legislation measure. Only 1 such motion shall
        be in order in any session of Congress.
            (2) Debate limits.--Debate in the Senate on any such motion
        to discharge, and all appeals in connection therewith, shall be
        limited to not more than 2 hours. The time shall be equally
        divided between, and controlled by, the maker of the motion and
        the majority leader, or their designees, except that in the
        event the majority leader is in favor of such motion, the time
        in opposition thereto shall be controlled by the minority
        leader or the minority leader's designee. A point of order
        under this subsection may be made at any time. It is not in
        order to move to proceed to another measure or matter while
        such motion (or the motion to reconsider such motion) is
        pending.
            (3) Amendments.--No amendment to the motion to discharge
        shall be in order.
            (4) Exception if certified legislation enacted.--
        Notwithstanding paragraph (1), it shall not be in order to
        discharge the Committee from further consideration of medicare
        funding legislation pursuant to this subsection during a
        session of a Congress if the chairman of the Committee on the
        Budget of the Senate certifies that medicare funding
        legislation has been enacted that eliminates excess general
        revenue medicare funding (as defined in section 2(c)) for each
        fiscal year in the period beginning with the fiscal year for
        which the determination is made and ending on September 30,
        2013.
    (e) Consideration.--After the date on which the Committee on
Finance of the Senate has reported medicare funding legislation
described in subsection (c)(1), or has been discharged (under
subsection (d)) from further consideration of, such legislation, it is
in order (even though a previous motion to the same effect has been
disagreed to) for any Member of the Senate to move to proceed to the
consideration of such legislation.
    (f) Rules of the Senate.--This section is enacted by the Senate--
            (1) as an exercise of the rulemaking power of the Senate
        and as such it is deemed a part of the rules of the Senate, but
        applicable only with respect to the procedure to be followed in
        the Senate in the case of a bill described in this paragraph,
        and it supersedes other rules only to the extent that it is
        inconsistent with such rules; and
            (2) with full recognition of the constitutional right of
        the Senate to change the rules (so far as relating to the
        procedure of the Senate) at any time, in the same manner, and
        to the same extent as in the case of any other rule of the
        Senate.

Summary: Medicare Prescription Drug Cost Containment Act of 2004 - Directs the Secretary of Health and Human Services, on the same date on which the President submits a budget to Congress, to determine to Congress whether excess general revenue Medicare prescription drug funding is projected for the fiscal year for which the budget is submitted. Treats an affirmative determination as a Medicare part D funding warning in the fiscal year beginning on October 1 of the year in which the determination is made. Amends Federal money and finance law, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the President to submit to Congress proposed legislation to respond to such a warning within 15 days after the budget submission to Congress for the succeeding year. States that such requirement shall not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue Medicare funding for the period beginning with the fiscal year for which the determination is made through September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund. Expresses the sense of Congress that legislation submitted by the President in response to a warning should be designed to eliminate excess general revenue Medicare funding for the period that begins with the fiscal year for which the determination is made through September 30, 2013. Sets out the special procedures for House and Senate consideration of the President's legislative proposal in response to such warning.

A bill to contain the costs of the medicare prescription drug program under part D of title XVIII of the Social Security Act, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Law Enforcement Protection Act of
1997''.

SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT
              OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF
              CONCEALED FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926A the following:
``Sec. 926B. Carrying of concealed firearms by qualified current and
              former law enforcement officers
    ``(a) In General.--Notwithstanding any provision of the law of any
State or any political subdivision of a State, an individual may carry
a concealed firearm if that individual is--
            ``(1) a qualified law enforcement officer or a qualified
        former law enforcement officer; and
            ``(2) carrying appropriate written identification.
    ``(b) Effect on Other Laws.--
            ``(1) Common carriers.--Nothing in this section shall be
        construed to exempt from section 46505(B)(1) of title 49--
                    ``(A) a qualified law enforcement officer who does
                not meet the requirements of section 46505(D) of title
                49; or
                    ``(B) a qualified former law enforcement officer.
            ``(2) Federal laws.--Nothing in this section shall be
        construed to supersede or limit any Federal law or regulation
        prohibiting or restricting the possession of a firearm on any
        Federal property, installation, building, base, or park.
            ``(3) State laws.--Nothing in this section shall be
        construed to supersede or limit the laws of any State that--
                    ``(A) grant rights to carry a concealed firearm
                that are broader than the rights granted under this
                section;
                    ``(B) permit private persons or entities to
                prohibit or restrict the possession of concealed
                firearms on their property; or
                    ``(C) prohibit or restrict the possession of
                firearms on any State or local government property,
                installation, building, base, or park.
            ``(4) Definitions.--In this section:
                    ``(A) Appropriate written identification.--The term
                `appropriate written identification' means, with
                respect to an individual, a document that--
                            ``(i) was issued to the individual by the
                        public agency with which the individual serves
                        or served as a qualified law enforcement
                        officer; and
                            ``(ii) identifies the holder of the
                        document as a current or former officer, agent,
                        or employee of the agency.
                    ``(B) Qualified law enforcement officer.--The term
                `qualified law enforcement officer' means an individual
                who--
                            ``(i) is presently authorized by law to
                        engage in or supervise the prevention,
                        detection, or investigation of any violation of
                        criminal law;
                            ``(ii) is authorized by the agency to carry
                        a firearm in the course of duty;
                            ``(iii) meets any requirements established
                        by the agency with respect to firearms; and
                            ``(iv) is not the subject of a disciplinary
                        action by the agency that prevents the carrying
                        of a firearm.
                    ``(C) Qualified former law enforcement officer.--
                The term `qualified former law enforcement officer'
                means, an individual who is--
                            ``(i) retired from service with a public
                        agency, other than for reasons of mental
                        disability;
                            ``(ii) immediately before such retirement,
                        was a qualified law enforcement officer with
                        that public agency;
                            ``(iii) has a nonforfeitable right to
                        benefits under the retirement plan of the
                        agency;
                            ``(iv) was not separated from service with
                        a public agency due to a disciplinary action by
                        the agency that prevented the carrying of a
                        firearm;
                            ``(v) meets the requirements established by
                        the State in which the individual resides with
                        respect to--
                                    ``(I) training in the use of
                                firearms; and
                                    ``(II) carrying a concealed weapon;
                                and
                            ``(vi) is not prohibited by Federal law
                        from receiving a firearm.
                    ``(D) Firearm.--The term `firearm' means, any
                firearm that has, or of which any component has,
                traveled in interstate or foreign commerce.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 44 of
title 18, United States Code, is amended by inserting after the item
relating to section 926A the following:

``926B. Carrying of concealed firearms by qualified current and former
                            law enforcement officers.''.

SEC. 3. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACTS.

    (a) In General.--The consent of Congress is given to any 2 or more
States--
            (1) to enter into compacts or agreements for cooperative
        effort in enabling individuals to carry concealed weapons as
        dictated by laws of the State within which the owner of the
        weapon resides and is authorized to carry a concealed weapon;
        and
            (2) to establish agencies or guidelines as they may
        determine to be appropriate for making effective such
        agreements and compacts.
    (b) Reservation of Rights.--The right to alter, amend, or repeal
this section is hereby expressly reserved by Congress.

Summary: Law Enforcement Protection Act of 1997 - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification from State and local laws prohibiting the carrying of a concealed firearm. Consents to the formation of interstate compacts or agreements for cooperative efforts in enabling authorized individuals to carry concealed weapons.

Law Enforcement Protection Act of 1997


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Rebate Equalization Act of
2009''.

SEC. 2. EXTENSION OF PRESCRIPTION DRUG DISCOUNTS TO ENROLLEES OF
              MEDICAID MANAGED CARE ORGANIZATIONS.

    (a) In General.--Section 1903(m)(2)(A) (42 U.S.C. 1396b(m)(2)(A))
is amended--
            (1) in clause (xi), by striking ``and'' at the end;
            (2) in clause (xii), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(xiii) such contract provides that (I)
                        payment for covered outpatient drugs dispensed
                        to individuals eligible for medical assistance
                        who are enrolled with the entity shall be
                        subject to the same rebate required by the
                        agreement entered into under section 1927 as
                        the State is subject to, and (II) capitation
                        rates paid to the entity shall be based on
                        actual cost experience related to rebates and
                        subject to the Federal regulations requiring
                        actuarially sound rates.''.
    (b) Conforming Amendments.--Section 1927 (42 U.S.C. 1396r-8) is
amended--
            (1) in subsection (d)--
                    (A) in paragraph (1), by adding at the end the
                following:
                    ``(C) Notwithstanding the subparagraphs (A) and
                (B)--
                            ``(i) a Medicaid managed care organization
                        with a contract under section 1903(m) may
                        exclude or otherwise restrict coverage of a
                        covered outpatient drug on the basis of
                        policies or practices of the organization, such
                        as those affecting utilization management,
                        formulary adherence, and cost sharing or
                        dispute resolution, in lieu of any State
                        policies or practices relating to the exclusion
                        or restriction of coverage of such drugs,
                        provided, however, that any such exclusions and
                        restrictions of coverage shall be subject to
                        any contractual requirements and oversight by
                        the State as contained in the Medicaid managed
                        care organization's contract with the State,
                        and the State shall maintain approval authority
                        over the formulary used by the Medicaid managed
                        care organization; and
                            ``(ii) nothing in this section or paragraph
                        (2)(A)(xiii) of section 1903(m) shall be
                        construed as requiring a Medicaid managed care
                        organization with a contract under such section
                        to maintain the same such policies and
                        practices as those established by the State for
                        purposes of individuals who receive medical
                        assistance for covered outpatient drugs on a
                        fee-for-service basis.''; and
                    (B) in paragraph (4), by inserting after
                subparagraph (E) the following:
                    ``(F) Notwithstanding the preceding subparagraphs
                of this paragraph, any formulary established by
                Medicaid managed care organization with a contract
                under section 1903(m) may be based on positive
                inclusion of drugs selected by a formulary committee
                consisting of physicians, pharmacists, and other
                individuals with appropriate clinical experience as
                long as drugs excluded from the formulary are available
                through prior authorization, as described in paragraph
                (5).''; and
            (2) in subsection (j), by striking paragraph (1) and
        inserting the following:
            ``(1) Covered outpatients drugs are not subject to the
        requirements of this section if such drugs are--
                    ``(A) dispensed by health maintenance
                organizations, including Medicaid managed care
                organizations that contract under section 1903(m); and
                    ``(B) subject to discounts under section 340B of
                the Public Health Service Act.''.
    (c) Reports.--Each State with a contract with a Medicaid managed
care organization under section 1903(m) of the Social Security Act (42
U.S.C. 1396b(m)) shall report to the Secretary on a quarterly basis the
total amount of rebates in dollars and volume received from
manufacturers (as defined in section 1927(k)(5) of such Act (42 U.S.C.
1396r-8(k)(5)) for drugs provided to individuals enrolled with such an
organization as a result of the amendments made by this section for
both brand-name and generic drugs. The Secretary shall review the
reports submitted by States under this subsection and, after such
review, make publically available the aggregate data contained in such
reports.
    (d) Effective Date.--This section and the amendments made by this
section take effect on the date of enactment of this Act and apply to
rebate agreements entered into or renewed under section 1927 of the
Social Security Act (42 U.S.C. 1396r-8) on or after such date.

Summary: Drug Rebate Equalization Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to reduce the costs of prescription drugs for enrollees of Medicaid managed care organizations by extending to such organizations the discounts offered under fee-for-service Medicaid plans. Requires the state contract with a Medicaid managed care organization to require that payment for covered outpatient drugs dispensed to Medicaid-eligible individuals enrolled with the organization be subject to the same rebate as the state is subject to. Requires also that capitation rates paid to the organization be: (1) based on actual cost experience related to rebates. And (2) subject to the federal regulations requiring actuarially sound rates.

A bill to amend title XIX of the Social Security Act to reduce the costs of prescription drugs for enrollees of Medicaid managed care organizations by extending the discounts offered under fee-for-service Medicaid to such organizations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Home Construction Lending Regulatory
Improvement Act of 2011''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to--
            (1) immediately provide authority and guidance that Federal
        and State bank regulators can use to ensure that Federal and
        State chartered banks and thrifts that provide financing to
        America's home builders are permitted to make loans, provide
        ongoing liquidity, and ensure stable financing to such home
        builders; and
            (2) enable Federal and State chartered banks and thrifts to
        provide initial and ongoing credit to America's home builders
        to aid in restoring liquidity to the home building sector and
        to restore vitality to the United States residential housing
        market.

SEC. 3. COORDINATED RULEMAKING.

    (a) Initiation of Proceedings.--Not later than 90 days after the
enactment of this Act, the appropriate Federal banking agencies shall
initiate a coordinated rulemaking with respect to financial
institutions under their respective jurisdictions that make real estate
loans to home builders. Such rulemaking shall provide for the
following:
            (1) Elimination of the 100 percent of bank capital
        measurement.--
                    (A) Loan origination.--If any qualified financial
                institution is holding real estate loans in its lending
                portfolio that in the aggregate represent 100 percent
                or more of its total capital, the appropriate Federal
                banking agency shall not prohibit any such institution
                from continuing to make such loans to home builders.
                    (B) Lending decisions.--The appropriate Federal
                banking agency shall not prevent a qualified financial
                institution from making a real estate loan to a home
                builder that has a viable project.
                    (C) Qualified financial institution defined.--For
                purposes of this paragraph, the term ``qualified
                financial institution'' means a financial institution
                that received, in the most recent examination of the
                institution, a CAMEL composite rating of 1, 2, or 3
                under the Uniform Financial Institutions Rating System.
            (2) Realistic market based appraisals.--
                    (A) Valuation standard.--The appropriate Federal
                banking agency shall require that entities used by
                financial institutions to assess the value of
                collateral, with respect to a real estate loan,
                associated with any viable project in such
                institution's lending portfolio utilize an as completed
                valuation to make such an assessment.
                    (B) Arms length transactions.--The appropriate
                Federal banking agency shall require that entities used
                by financial institutions to assess or review
                underwriting standards and collateral values for real
                estate loans made by such institutions after the date
                of the enactment of this Act use comparable sales
                involving arms length transactions to make such an
                assessment or review.
            (3) Prohibition on compelling lenders to call or curtail
        loans in good standing.--
                    (A) Home builders in good standing.--The
                appropriate Federal banking agency shall not compel a
                financial institution to call or curtail a real estate
                loan of a home builder that is in good standing.
                    (B) Maximum market valuation.--
                            (i) In general.--The appropriate Federal
                        banking agency shall, in the case that a home
                        builder is in good standing on a real estate
                        loan but the home builder's collateral, with
                        respect to that loan, has decreased in value
                        based on an as completed valuation, permit a
                        financial institution to work with such home
                        builder to realize the maximum current market
                        valuation of such collateral using workout
                        methods or other appropriate means.
                            (ii) Period of workout methods.--Workout
                        methods may be utilized up to a 24-month period
                        following the issuance of final regulations
                        under subsection (c). In no case shall any real
                        estate loan be required to be charged off until
                        the financial institution holding such loan has
                        worked in good faith to exhaust all workout
                        methods or other appropriate means.
                    (C) Reclassification of loans.--The appropriate
                Federal banking agency shall not require a financial
                institution to reclassify any real estate loan in this
                paragraph on such institution's balance sheet, unless
                there is a significant reason under Financial
                Accounting Standards Board Accounting Standards
                Codification 310-10-35-55 or 310-10-35-57.
            (4) Waiting period.--If the enactment of paragraphs 2 or 3
        of this subsection helps to improve a financial institution's
        CAMEL composite rating under the Uniform Financial Institutions
        Rating System from a 4 or 5 to a 1, 2, or 3 in such
        institution's next examination that begins after the date that
        final regulations are issued pursuant to subsection (c), such
        institution's improved rating shall take effect no earlier than
        24 months after such rating was received.
    (b) Coordination, Consistency, and Comparability.--Each of the
agencies with authorities referred to in subsection (a) shall consult
and coordinate with the other such agencies and authorities for the
purpose of assuring, to the extent possible, that the regulations by
each such agency and authority are consistent and comparable with those
prescribed by the other such agencies and authorities.
    (c) Deadline.--Not later than 6 months after the enactment of this
Act, each of the agencies with authorities referred to in subsection
(a) shall issue final regulations to implement rules issued under this
Act.
    (d) Agency Authority.--The rules issued under this Act shall be
enforced by the appropriate Federal banking agencies with respect to
financial institutions under their respective jurisdictions.
    (e) Effect on State Law.--The rules issued under this Act shall not
supercede the law of any State except to the extent that such law is
inconsistent with such rule, and then only to the extent of the
inconsistency.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate federal banking agency.--The term
        ``appropriate Federal banking agency'' has the same meaning as
        is given such term in section 3(q) of the Federal Deposit
        Insurance Act (12 U.S.C. 1813(q)).
            (2) Arms length transaction.--
                    (A) In general.--The term ``arms length
                transaction'' means a negotiated real estate
                transaction between a buyer and seller in which such
                buyer and seller act independently of each other.
                    (B) Transactions excluded.--Such term shall not
                include any transaction involving a short sale or
                foreclosed property or any other distressed real
                property.
            (3) As completed valuation.--The term ``as completed
        valuation'' means the estimated market value of collateral
        after the full completion and absorption of the development and
        construction associated with the highest and best use of the
        collateral.
            (4) Financial institution.--The term ``financial
        institution'' means an entity regulated by, and under the
        supervision of, any appropriate Federal banking agency.
            (5) Good standing.--The term ``good standing'' means making
        payments on a real estate loan in accordance with the agreement
        of such loan.
            (6) Real estate loan.--The term ``real estate loan'' means
        any indebtness (secured by a mortgage, deed of trust, or other
        equivalent consensual security interest on real property)
        acquired for the purpose of purchasing or improving real
        property, including indebtness acquired for--
                    (A) land acquisition;
                    (B) land development; and
                    (C) residential construction projects.
            (7) Total capital.--The term ``total capital'' means the
        total risk-based capital of a financial institution as reported
        periodically by such institution in the Federal Financial
        Institutions Examination Council's Call Report or Thrift
        Financial Reports, as applicable.
            (8) Viable project.--The term ``viable project'' means a
        real estate project that a financial institution has determined
        continues to have a reasonable prospect of reaching completion
        and sale.
            (9) Workout methods.--The term ``workout methods'' means
        techniques to prevent a real estate loan defaulting, including
        workout assistance, loan modifications, loan write downs, and
        flexibility on reappraisal methods.

Summary: Home Construction Lending Regulatory Improvement Act of 2011 - Directs the appropriate federal banking agencies to initiate a coordinated rulemaking with respect to financial institutions under their respective jurisdictions that make real estate loans to home builders. Requires such rulemaking to provide for: (1) elimination of the 100 of bank capital measurement, (2) realistic market-based appraisals, and (3) a prohibition against compelling lenders to call or curtail loans in good standing. Prohibits a federal banking agency also from preventing a qualified financial institution from making a real estate loan to a home builder that has a viable project.

To enable Federal and State chartered banks and thrifts to meet the credit needs of the Nation's home builders, and to provide liquidity and ensure stable credit for meeting the Nation's need for new homes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Childhood Brain Tumor
Prevention Network Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Tumors kill more children than any other disease and
        brain tumors are the second most common type of cancer in
        children.
            (2) Childhood brain tumors are the leading cause of death
        from solid tumors in children.
            (3) There are newly recognized types of brain tumors, as
        defined by the World Health Organization, and many of these
        newly recognized types occur in children.
            (4) The causes of the overwhelming majority of childhood
        brain tumors are unknown.
            (5) Brain tumors have substantial costs for affected
        children, the families of such children, and society.
            (6) Childhood brain tumors cause significant morbidity and
        the loss of many years of potential life.
            (7) The prognosis for most childhood brain tumors is dismal
        and survivors face lasting adverse health effects.
            (8) Because of the relatively low overall incidence of
        childhood brain tumors, such tumors frequently do not receive
        sufficient attention and research funding.
            (9) No single institution has a sufficient number of
        patients to independently conduct research that will adequately
        address the causes of childhood brain tumors.
            (10) There has been no comprehensive study analyzing all
        relevant clinical, biological, and epidemiological aspects of
        childhood brain tumors to identify potential risk factors and
        determine the cause of such tumors.
            (11) Existing national cooperative clinical oncology groups
        primarily investigate treatment options and prognosis and do
        not typically examine the origins of childhood brain tumors or
        the risk factors associated with such tumors. A significant
        majority of children with brain tumors are first treated by
        neurosurgeons and not by oncologists typically involved in such
        groups.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) there is a need to establish a multi-center research
        effort based on collaboration between regional consortia in
        order to comprehensively study the causes of childhood brain
        tumors and identify potential risk factors;
            (2) there is a need to encourage a collaborative effort
        among surgical and medical centers with epidemiological study
        groups to gather comprehensive and detailed information for
        each child enrolled in those groups, in order to investigate
        environmental, nutritional, genetic, and developmental factors
        with respect to, and the pathological and epidemiological
        characteristics of, childhood brain tumors; and
            (3) there is a need to authorize the Director of the
        National Institutes of Health to coordinate national research
        efforts of governmental and nongovernmental entities with
        respect to childhood brain tumors.

SEC. 4. ESTABLISHMENT OF THE NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION
              NETWORK.

    (a) In General.--Subpart 1 of part C of title IV of the Public
Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the
end the following:

``SEC. 417F. NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION NETWORK.

    ``(a) Establishment of the National Childhood Brain Tumor
Prevention Network.--
            ``(1) In general.--Not later than one year after the date
        of the enactment of this section, the Director of NIH, acting
        through the Director of the National Cancer Institute, shall
        establish, administer, and coordinate a National Childhood
        Brain Tumor Prevention Network (hereinafter referred to in this
        section as the `Network') for the purposes described in
        paragraph (2).
            ``(2) Purposes.--The purposes of the Network shall be the
        following:
                    ``(A) Providing grants of not fewer than five years
                duration to eligible consortia for the purpose of
                conducting research with respect to the causes of and
                risk factors associated with childhood brain tumors.
                    ``(B) Assembling a panel of experts, including
                members of the Brain Tumor Epidemiology Consortium and
                survivors of brain tumors, to provide ongoing guidance
                and recommendations for, with respect to research
                funded by the Network, the development of the
                following:
                            ``(i) A common study design.
                            ``(ii) Standard protocols, methods,
                        procedures, and assays for collecting from
                        individuals enrolled as study participants, and
                        the parents of such individuals, a minimum data
                        set that includes the following:
                                    ``(I) Environmental exposure data.
                                    ``(II) Nutritional data.
                                    ``(III) Biospecimens, including
                                genomic data.
                                    ``(IV) Histopathological and
                                molecular pathological data and
                                specimens.
                                    ``(V) Clinical and radiological
                                data.
                            ``(iii) Specific analytical methods for
                        examining data.
                            ``(iv) Provisions for consensus review of
                        enrolled cases.
                            ``(v) An integrated data collection
                        network.
                    ``(C) Designating a central laboratory to collect,
                analyze, and aggregate data with respect to research
                funded by the Network and to make such data and
                analysis available to researchers.
            ``(3) Eligible consortia.--To be eligible for a grant under
        this section, a consortium shall demonstrate the following:
                    ``(A) The capability to annually enroll as research
                participants a minimum of 100 individuals with a newly
                diagnosed childhood brain tumor from the designated
                catchment area of such consortium.
                    ``(B) The capability to form a control group by
                enrolling as research participants, for each enrolled
                individual with a childhood brain tumor, at least two
                individuals without a childhood brain tumor, who are
                matched demographically to such enrolled individual
                with a childhood brain tumor.
                    ``(C) That the designated catchment area of such
                consortium does not overlap with the designated
                catchment area of a consortium already receiving a
                grant under this section.
            ``(4) Report.--Not later than one year after the date of
        the enactment of this section and annually thereafter, the
        Director of NIH shall submit to Congress a report with respect
        to the Network, to be made publicly available, including a
        summary of research funded by the Network and a list of
        consortia receiving grants under the Network. At the discretion
        of the Director of NIH, such report may be combined with other
        similar or existing reports.
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--There is authorized to be
                appropriated $25,000,000 for each of fiscal years 2010
                through 2014, to remain available until expended, to
                carry out this section.
                    ``(B) Sense of congress.--It is the sense of
                Congress that funds appropriated to carry out this
                section should be in addition to the funds already
                appropriated to carry out the functions of the National
                Institutes of Health.
    ``(b) Definitions.--For purposes of this section, the following
definitions apply:
            ``(1) Brain tumor epidemiology consortium.--The term `Brain
        Tumor Epidemiology Consortium' means the organization with such
        name formed in 2003 after an initial meeting sponsored by the
        National Cancer Institute's Division of Cancer Epidemiology and
        Genetics.
            ``(2) Catchment area.--The term `catchment area' means a
        defined area for which population data are available.
            ``(3) Childhood brain tumor.--The term `childhood brain
        tumor' means an intracranial or spinal cord tumor occurring in
        an individual under 20 years of age.
            ``(4) Consortium.--The term `consortium' means a
        partnership of two or more universities, health care
        organizations, or government agencies, or any combination of
        such entities, serving a designated catchment area.''.
    (b) Technical Correction.--
            (1) In general.--Section 3 of the Hematological Cancer
        Research Investment and Education Act of 2002 (Public Law 107-
        172; 116 Stat. 541) is amended by striking ``419C'' and
        inserting ``417C''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall take effect as if included in the enactment of the Act
        referred to in such paragraph.

Summary: National Childhood Brain Tumor Prevention Network Act of 2008 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the National Cancer Institute, to establish, administer, and coordinate a National Childhood Brain Tumor Prevention Network to: (1) provide grants for research on the causes of and risk factors associated with childhood brain tumors. (2) assemble a panel of experts to provide ongoing guidance and recommendations on research funded by the Network, including on a common study design and standard protocols. And (3) designate a central laboratory to collect, analyze, and aggregate data with respect to research funded by the Network and to make such data and analysis available to researchers.

To amend title IV of the Public Health Service Act to create a National Childhood Brain Tumor Prevention Network to provide grants and coordinate research with respect to the causes of and risk factors associated with childhood brain tumors, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Benefits Network Act''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS GRANTS FOR ESTABLISHING
              COORDINATED NETWORKS OF SERVICES AND RESOURCES FOR
              VETERANS AND THEIR FAMILIES.

    (a) In General.--Subchapter II of chapter 5 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 533. Grants for establishing coordinated networks of services
              and resources for veterans and their families
    ``(a) In General.--The Secretary may make a grant to an eligible
entity for the purpose of establishing or expanding a regional
technology system to provide an active database and enrollment system
that can be used by a coordinated network of private, public, and non-
profit entities to assist veterans and their family members in applying
for benefits and services offered by such entities that participate in
the network.
    ``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
            ``(1) be a State or local government, a regional council of
        governments, or a private entity; and
            ``(2) submit to the Secretary an application containing--
                    ``(A) a description of the credentialing system the
                entity intends to use to determine which service
                providers will be eligible for inclusion in the network
                established using the grant that ensures such providers
                meet the requirements under subsection (c)(3); and
                    ``(B) such other information and assurances as the
                Secretary may require.
    ``(c) Use of Funds.--
            ``(1) In general.--The recipient of a grant under this
        section shall use the grant to establish a coordinated network
        of private, public, and nonprofit services and resources, as
        described in paragraph (2), for veterans and their families
        designed to--
                    ``(A) facilitate awareness and understanding of
                benefits that are available to members of the Armed
                Forces, veterans, and their family members who are
                eligible for benefits;
                    ``(B) use best practices to maximize outreach to
                veterans and family members who are eligible for
                benefits; and
                    ``(C) have the capacity to be replicated at other
                locations or regional networks.
            ``(2) Services and resources.--The services and resources
        included in the networks established using grants under this
        section may include--
                    ``(A) education;
                    ``(B) employment;
                    ``(C) family support and recreation;
                    ``(D) health care;
                    ``(E) mental health and behavioral counseling;
                    ``(F) substance abuse counseling;
                    ``(G) housing;
                    ``(H) financial assistance;
                    ``(I) legal assistance;
                    ``(J) public benefit support;
                    ``(K) benefits under the laws administered by the
                Secretary; and
                    ``(L) such other services and resources as the
                Secretary determines appropriate.
            ``(3) Criteria for service providers.--In order to be
        eligible for inclusion in a network established using a grant
        under this section, a service provider shall--
                    ``(A) demonstrate the capacity, experience, and
                expertise required to participate in the network; and
                    ``(B) enter into an agreement with the entity that
                receives the grant that ensures that the provider will
                not--
                            ``(i) input the personal information of a
                        veteran or veteran's family member into the
                        coordinated network without receiving the
                        informed consent and authorization of the
                        veteran or family member; or
                            ``(ii) use such personal information in any
                        manner or for any purpose other than the
                        performance of the services in compliance with
                        the coordinated network.
    ``(d) Priority in Awarding Grants.--In awarding grants under this
section, the Secretary shall give priority to an eligible entity that
provides services to individuals residing in a geographic area where a
large number of veterans and members of the Armed Forces reside, as
determined by the Secretary.
    ``(e) Deadline for Use of Funds.--The Secretary shall provide, as a
condition of awarding a grant under this section to an eligible entity,
that the eligible entity must use the grant before the expiration of
the two-year period that begins on the date on which the eligible
entity receives the grant. If a grant recipient has not used the grant
before the expiration of such period, the Secretary may recover from
the eligible entity the unused amount of the grant funds.
    ``(f) Cost-Sharing.--As a condition on the provision of funds under
this section to an eligible entity, the eligible entity must agree to
contribute an amount, derived from non-Federal sources, equal to at
least 50 percent of the funds provided by the Secretary of Veterans
Affairs to the eligible entity under this section.
    ``(g) Availability of Funds.--The Secretary shall use amounts
otherwise made available for the Veterans Benefits Administration to
make grants under this section.
    ``(h) Outreach.--The Secretary shall use the authority of the
Secretary to advertise in the national media under section 532 of this
title to inform veterans, members of the Armed Forces, and their
families about the networks established using grants under this
section.
    ``(i) Report to Congress.--The Secretary shall submit to Congress
an annual report on the administration of the grant program under this
section. Each such report shall include a description of how grant
recipients used funds awarded under this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
532 the following new item:

``533. Grants for establishing coordinated networks of services and
                            resources for veterans and their
                            families.''.

Summary: Veterans Benefits Network Act This bill authorizes the Department of Veterans Affairs to make a grant to an eligible entity to establish or expand a regional technology system to provide an active database and enrollment system that can be used by a network of private, public, and non-profit entities to assist veterans and their family members in applying for benefits and services offered by such entities.

Veterans Benefits Network Act


SECTION 1. GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS.

    (a) Short Title.--This Act may be cited as the ``Gifted and
Talented Students Education Act of 2003''.
    (b) Amendment.--Subpart 6 of part D of title V of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended
by adding at the end the following:

      ``Chapter B--Grant Program For Gifted and Talented Students

``SEC. 5467. FINDINGS; ESTABLISHMENT OF PROGRAM; AUTHORIZED ACTIVITIES.

    ``(a) Findings.--Congress makes the following findings:
            ``(1) Gifted and talented students give evidence of high
        performance capability in specific academic fields, or in areas
        such as intellectual, creative, artistic, or leadership
        capacity, and require services or activities not ordinarily
        provided by a school in order to fully develop such
        capabilities. Gifted and talented students are from all
        cultural, racial, and ethnic backgrounds, and socioeconomic
        groups. Some such students have disabilities and for some,
        English is not their first language. Many students from such
        diverse backgrounds have been historically underrepresented in
        gifted education programs.
            ``(2) Elementary school students who are gifted and
        talented have already mastered 35 to 50 percent of the material
        covered in a school year in several subject areas before the
        school year begins.
            ``(3) Elementary school and secondary school teachers have
        students in their classrooms with a wide variety of traits,
        characteristics, and needs. Most teachers receive some training
        to meet the needs of these students, such as students with
        limited English proficiency, students with disabilities, and
        students from diverse cultural and racial backgrounds. However,
        most teachers do not receive training on meeting the needs of
        students who are gifted and talented.
            ``(4) While the families or communities of some gifted
        students can provide private programs with appropriately
        trained staff to supplement public educational offerings, most
        high-ability students, especially those from inner cities,
        rural communities, or low-income families, must rely on the
        services and personnel provided by public schools. Therefore,
        gifted education programs, provided by qualified professionals
        in the public schools, are needed to provide equal educational
        opportunities.
            ``(5) Parents and families are essential partners to
        schools in developing appropriate educational services for
        gifted and talented students. They need access to information,
        research, and support regarding the characteristics of gifted
        children and their educational, and social and emotional needs,
        as well as information on available strategies and resources
        for education in State and local communities.
            ``(6) There currently is no Federal requirement to identify
        or serve the Nation's approximately 3,000,000 gifted and
        talented students.
            ``(7) While some States and local educational agencies
        allocate resources to educate gifted and talented students,
        others do not. Additionally, State laws, and State and local
        funding, identification, and accountability mechanisms vary
        widely, resulting in a vast disparity of services for this
        special-needs population.
            ``(8) To meet the future economic and national security
        needs of the United States, it is important that more students
        achieve to higher levels, and that highly capable students
        receive an education that prepares them to perform the most
        highly innovative and creative work that is necessary to secure
        our Nation's position in the world.
            ``(9) The performance of twelfth-grade advanced students in
        the United States on the Third International Mathematics and
        Science Study (TIMSS) was among the lowest in the world. In
        each of 5 physics content areas in the study and in each of 3
        mathematics content areas in the study, the performance of
        physics and advanced mathematics students in the United States
        was among the lowest of the participating countries.
            ``(10) In 1990, fewer than 2 cents out of every $100 spent
        on elementary and secondary education in the United States was
        devoted to providing challenging programming for the Nation's
        gifted and talented students.
    ``(b) Program Authorized.--
            ``(1) Competitive grants to states.--If the amount
        appropriated under section 5468 for a fiscal year is greater
        than $7,500,000 but less than $57,500,000, then the Secretary
        may use such amount to award grants, on a competitive basis, to
        State educational agencies to enable the State educational
        agencies to award grants to local educational agencies under
        section 5467C for developing or expanding gifted and talented
        education programs, and providing direct educational services
        and materials.
            ``(2) Formula grants to states.--If the amount appropriated
        under section 5468 for a fiscal year equals or exceeds
        $57,500,000, then the Secretary may use such amount to award
        grants to State educational agencies, from allotments under
        section 5467B, to enable the State educational agencies to
        award grants to local educational agencies under section 5467C
        for developing or expanding gifted and talented education
        programs, and providing direct educational services and
        materials.
    ``(c) Authorized Activities.--Grant funds provided under this
chapter shall be used to carry out 1 or more of the following
activities:
            ``(1) Any activity described in paragraph (2), (4), (6), or
        (7) of section 5464(b).
            ``(2) Providing direct educational services and materials
        to gifted and talented students, which may include curriculum
        compacting, modified or adapted curriculum, acceleration,
        independent study, and dual enrollment.
    ``(d) Limitations on Use of Funds.--
            ``(1) Course work provided through emerging technologies.--
        Grant funds provided under this chapter that are used for
        activities described in section 5464(b)(7) may include
        development of curriculum packages, compensation of distance-
        learning educators, or other relevant activities, but grant
        funds provided under this chapter may not be used for the
        purchase or upgrading of technological hardware.
            ``(2) State use of funds.--
                    ``(A) In general.--A State educational agency
                receiving a grant under this chapter may not use more
                than 10 percent of the grant funds for--
                            ``(i) dissemination of general program
                        information;
                            ``(ii) providing technical assistance under
                        this chapter;
                            ``(iii) monitoring and evaluation of
                        programs and activities assisted under this
                        chapter;
                            ``(iv) providing support for parental
                        education; or
                            ``(v) creating a State gifted education
                        advisory board.
                    ``(B) Administrative costs.--A State educational
                agency may use not more than 50 percent of the funds
                made available to the State educational agency under
                subparagraph (A) for administrative costs.

``SEC. 5467A. ALLOTMENTS TO STATES.

    ``(a) Reservation of Funds.--From the amount made available to
carry out this chapter for any fiscal year, the Secretary shall reserve
\1/2\ of 1 percent for the Secretary of the Interior for programs under
this chapter for teachers, other staff, and administrators in schools
operated or funded by the Bureau of Indian Affairs.
    ``(b) State Allotments.--
            ``(1) In general.--Except as provided in paragraph (2), the
        Secretary shall allot the total amount made available to carry
        out this chapter for any fiscal year and not reserved under
        subsection (a) to the States on the basis of their relative
        populations of individuals aged 5 through 17, as determined by
        the Secretary on the basis of the most recent satisfactory
        data.
            ``(2) Minimum grant amount.--No State receiving an
        allotment under paragraph (1) may receive less than \1/2\ of 1
        percent of the total amount allotted under such paragraph.
    ``(c) Reallotment.--If any State does not apply for an allotment
under this section for any fiscal year, then the Secretary shall
reallot such amount to the remaining States in accordance with this
section.

``SEC. 5467B. STATE APPLICATION.

    ``(a) In General.--To be eligible to receive a grant under this
chapter, a State educational agency shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require.
    ``(b) Contents.--Each application under this section shall include
assurances that--
            ``(1) the funds received under this chapter will be used to
        identify and support gifted and talented students, including
        gifted and talented students from all economic, ethnic, and
        racial backgrounds, such students of limited English
        proficiency, and such students with disabilities;
            ``(2) the funds not retained by the State educational
        agency shall be used for the purpose of making, in accordance
        with this chapter and on a competitive basis, grants to local
        educational agencies;
            ``(3) the funds received under this chapter shall be used
        only to supplement, but not supplant, the amount of State and
        local funds expended for the education of, and related services
        for, gifted and talented students;
            ``(4) the State educational agency will provide matching
        funds for the activities to be assisted under this chapter in
        an amount equal to not less than 10 percent of the grant funds
        to be received, which matching funds may be provided in cash or
        in kind; and
            ``(5) the State educational agency shall develop and
        implement program assessment models to ensure program
        accountability and to evaluate educational effectiveness.
    ``(c) Approval.--To the extent funds are made available to carry
out this chapter, the Secretary shall approve an application of a State
if such application meets the requirements of this section.

``SEC. 5467C. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Grant Competition.--A State educational agency shall use not
less than 90 percent of the funds made available to the State
educational agency under this chapter to award grants to local
educational agencies (including consortia of local educational
agencies) to enable the local educational agencies to carry out the
authorized activities described in section 5467(c).
    ``(b) Competitive Process.--Funds provided under this chapter to
local educational agencies shall be distributed to local educational
agencies through a competitive process that results in an equitable
distribution by geographic area within the State.
    ``(c) Size of Grant.--A State educational agency shall award a
grant under subsection (a) for any fiscal year in an amount sufficient
to meet the needs of the students to be served under the grant.

``SEC. 5467D. LOCAL APPLICATIONS.

    ``(a) Application.--To be eligible to receive a grant under this
chapter, a local educational agency (including a consortium of local
educational agencies) shall submit an application to the State
educational agency.
    ``(b) Contents.--Each application under this section shall
include--
            ``(1) an assurance that the funds received under this
        chapter will be used to identify and support gifted and
        talented students, including gifted and talented students from
        all economic, ethnic, and racial backgrounds, such students of
        limited English proficiency, and such students with
        disabilities;
            ``(2) a description of how the local educational agency
        will meet the educational needs of gifted and talented
        students, including the training of personnel in the education
        of gifted and talented students; and
            ``(3) an assurance that funds received under this chapter
        will be used to supplement, not supplant, the amount of funds
        the local educational agency expends for the education of, and
        related services for, gifted and talented students.

``SEC. 5467E. ANNUAL REPORTING.

    ``Beginning 1 year after the date of enactment of the Gifted and
Talented Students Education Act of 2003 and for each year thereafter,
the State educational agency shall submit an annual report to the
Secretary that describes the number of students served and the
activities supported with funds provided under this chapter. The report
shall include a description of the measures taken to comply with
paragraphs (1) and (4) of section 5467B(b).

``SEC. 5467F. CONSTRUCTION.

    ``Nothing in this chapter shall be construed to prohibit a
recipient of funds under this chapter from serving gifted and talented
students simultaneously with students with similar educational needs,
in the same educational settings where appropriate.

``SEC. 5467G. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS.

    ``In making grants under this chapter, the Secretary shall ensure,
where appropriate, that provision is made for the equitable
participation of students and teachers in private nonprofit elementary
schools and secondary schools, including the participation of teachers
and other personnel in professional development programs serving such
children.

``SEC. 5467H. DEFINITIONS.

    ``For purposes of this chapter:
            ``(1) Gifted and talented.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), the term `gifted and talented' when
                used with respect to a person or program--
                            ``(i) has the meaning given the term under
                        applicable State law; or
                            ``(ii) in the case of a State that does not
                        have a State law defining the term, has the
                        meaning given such term by definition of the
                        State educational agency or local educational
                        agency involved.
                    ``(B) Special rule.--In the case of a State that
                does not have a State law that defines the term, and
                the State educational agency or local educational
                agency has not defined the term, the term has the
                meaning given the term in section 9101.
            ``(2) State.--The term `State' means each of the 50 States,
        the District of Columbia, and the Commonwealth of Puerto Rico.

              ``Chapter C--Authorization of Appropriations

``SEC. 5468. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart
$170,000,000 for each of fiscal years 2004 through 2010, of which--
            ``(1) $7,500,000 shall be available for each fiscal year to
        carry out chapter A; and
            ``(2) the remainder shall be available for each fiscal year
        to carry out chapter 2.''.

SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.

    Subpart 6 of part D of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended--
            (1) by inserting after the subpart designation the
        following:

  ``Chapter A--Jacob K. Javits Gifted and Talented Students Education
                               Program'';

            (2) in section 5461 (20 U.S.C. 7253), by striking ``This
        part'' and inserting ``This chapter'';
            (3) by striking ``this part'' each place the term appears
        and inserting ``this chapter''; and
            (4) in section 5464 (20 U.S.C. 7253c)--
                    (A) by striking subsection (c); and
                    (B) by redesignating subsections (d) and (e) as
                subsections (c) and (d), respectively.

Summary: Gifted and Talented Students Education Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program for gifted and talented students. Authorizes the Secretary of Education to award such grants to State educational agencies to make subgrants to local educational agencies to develop or expand gifted and talented education programs, and provide direct educational services and materials. Requires such grants to be made on a competitive basis if appropriations are within certain minimum and maximum amounts, and on a formula basis if appropriations exceed such specified maximum. Sets forth authorized State and local uses of grant funds and authorized activities. Prohibits use of such funds for purchase or upgrading of technological hardware. Directs the Secretary to ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such children.

A bill to provide a grant program for gifted and talented students, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Less Imprecision in Species
Treatment Act of 2018'' or the ``LIST Act of 2018''.

SEC. 2. REQUIREMENT TO INITIATE DELISTING.

    (a) Requirement in Case of Recovery.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
    ``(9)(A) The Secretary shall initiate the procedures in accordance
with subsection (a)(1) to remove a species from a list published under
subsection (c) if--
            ``(i) the goals of a recovery plan for the species
        developed under subsection (f) have been met; or
            ``(ii) the goals for recovery of the species have not been
        developed under subsection (f), and the Secretary determines
        that the species has recovered sufficiently to no longer
        require the protection of the Act.
    ``(B) Notwithstanding the requirement of subsection (c)(2) that
each determination under subparagraph (B) of that subsection shall be
made in accordance with the provisions of subsections (a) and (b), the
Secretary shall remove a species from any list published under
subsection (c) if the Department of the Interior has produced or
received substantial scientific or commercial information demonstrating
that the species is recovered or that recovery goals set for the
species under subsection (f) have been met.
    ``(C) In the case of a species removed under subparagraph (A) from
a list published under subsection (c), the publication and notice under
subsection (b)(5) shall consist solely of a notice of such removal.''.
    (b) Requirement in Case Erroneously or Wrongfully Listed.--Section
4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), as
amended by subsection (a), is further amended by adding at the end the
following:
    ``(H)(i) Not later than 90 days after the date the Department of
the Interior receives or produces under this subsection information
described in clause (ii) regarding a species included in a list under
subsection (c), the Secretary shall to the maximum extent practicable
find whether the inclusion of such species in such list was less than
likely to have occurred in the absence of the scientific or commercial
information referred to in clause (ii).
    ``(ii) Information referred to in clause (i) is any information
demonstrating that the listing was determined on the basis of
scientific or commercial information available to, or received or
produced by, the Department under paragraphs (1) and (3) of subsection
(b) that at the time the scientific or commercial information was
available to or received or produced by the Department it was--
            ``(I) inaccurate beyond scientifically reasonable margins
        of error;
            ``(II) fraudulent; or
            ``(III) misrepresentative.
    ``(iii) Notwithstanding the requirement under subsection (c)(2)(B)
that each determination under subparagraph (B) shall be made in
accordance with the provisions of subsections (a) and (b), the
Secretary shall--
            ``(I) remove from any list published under subsection (c)
        any species for which a positive finding is made under clause
        (i); and
            ``(II) promptly publish in the Federal Register notice of
        such finding that includes such information as was received or
        produced by the Department under such clause.
    ``(iv) Any positive finding by the Secretary under clause (i) shall
not be subject to judicial review.
    ``(v) Any negative finding by the Secretary under clause (i) shall
be subject to judicial review.
    ``(vi) In the case of a species removed under clause (iii) from a
list, the publication and notice under subsection (b)(5) shall consist
solely of a notice of such removal.
    ``(vii) If the Secretary finds that a person submitted a petition
that is the subject of a positive finding under clause (i) knowing that
it contained scientific or commercial information described in clause
(ii), then during the 10-year period beginning on the date of the
finding under this clause the person shall not be considered an
interested person for purposes of subparagraph (A) with respect to any
petition submitted by the person after the date the person submitted
such scientific or commercial information.''.

SEC. 3. EXPANDED CONSIDERATION DURING FIVE-YEAR REVIEW.

    Section 4(c) (16 U.S.C. 1533(c)) is amended by adding at the end
the following:
    ``(3) Each determination under paragraph (2)(B) shall consider one
of the following:
            ``(A) Except as provided in subparagraph (B) of this
        paragraph, the criteria required under subsection (f)(1)(B) in
        the recovery plan for the species.
            ``(B) If the objective, measurable criteria under
        subsection (f)(1)(B)(ii) are not established, the factors for
        the determination that a species is an endangered species or a
        threatened species set forth in subsections (a)(1) and (b)(1).
            ``(C) A finding of error in the determination that the
        species is an endangered species, a threatened species, or
        extinct.
            ``(D) A determination that the species is no longer an
        endangered species or threatened species or in danger of
        extinction, based on an analysis of the factors that are the
        basis for listing in subsections (a)(1) and (b)(1).''.

Summary: Less Imprecision in Species Treatment Act of 2018 or the LIST Act of 2018 This bill amends the Endangered Species Act of 1973 to revise the process for removing a species from the endangered or threatened species lists. The Department of the Interior or the Department of Commerce, as appropriate, must remove a species from the endangered or threatened species lists if Interior produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met. The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal. The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forest Roads-Community Right-To-Know
Act''.

SEC. 2. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT PROCEDURES FOR
              PERMANENT CLOSURE OF FOREST ROADS.

    (a) Definitions.--In this section:
            (1) Permanent closure.--The term ``permanent closure'',
        with respect to a forest road, means the closure of the road to
        vehicular traffic for a continuous period of more than one
        year. The term includes a road closure of one year or less, or
        of an unspecified duration, unless the Secretary concerned
        certifies at the time of the closure that the closure will not
        extend beyond one year.
            (2) Forest road.--The term ``forest road'' means any road
        on Federal lands.
            (3) Federal lands.--The term ``Federal lands'' means--
                    (A) lands administered by the Bureau of Land
                Management; and
                    (B) lands within units of the National Forest
                System.
            (4) State and local government officials.--The term ``State
        and local government officials'' means elected officials of
        States and counties within which Federal lands are located.
            (5) Secretary concerned.--The term ``Secretary concerned''
        means--
                    (A) with respect to the Federal lands described in
                paragraph (3)(A), the Secretary of the Interior; and
                    (B) with respect to the Federal lands described in
                paragraph (3)(B), the Secretary of Agriculture.
    (b) Advance Notice of Permanent Road Closures to State and Local
Government Officials.--
            (1) Purpose.--The purpose of this subsection is to ensure
        that the Secretary concerned involves State and local
        government officials in the process by which the Secretary
        concerned considers and plans for the potential permanent
        closure of forest roads on Federal lands.
            (2) Annual meetings required.--At least once each fiscal
        year, the Secretary concerned shall meet with appropriate State
        and local government officials to describe all agency plans or
        proposals that, within the next two fiscal years, will or may
        result in the permanent closure of forest roads on Federal
        lands. Such agency plans or proposals include project
        proposals, land management plan amendments or revisions,
        resource management plan amendments or revisions, and regional
        or subregional plans or proposals
            (3) Elements of notice.--At a meeting under paragraph (2),
        the Secretary concerned shall provide information, using maps
        and other means, that at a minimum--
                    (A) shows forest roads selected or proposed for
                permanent closure;
                    (B) shows traffic patterns and volumes on the roads
                over the previous five years; and
                    (C) explains how users of the roads will be
                adversely affected with longer travel times or adverse
                travel conditions by the permanent closure of the
                roads.
            (4) Special rule for first meeting.--At the first meeting
        conducted under paragraph (2) for a State or local government,
        the Secretary concerned shall also provide information on all
        forest roads that have been subject to permanent closure in
        that State during the previous five years. The information
        shall include a map showing the location of the forest
roads and a description of the methods and costs of the permanent
closure of the forest roads.
    (c) Public Notice and Comment Requirements.--
            (1) Local notice.--Before proceeding with the permanent
        closure of a forest road, the Secretary concerned shall publish
        an announcement describing the proposed closure in the local
        newspaper of record for the area likely to be affected by the
        permanent closure of the road. The announcement shall include a
        description and map of the forest road selected or proposed for
        permanent closure and a description of any comments generated
        regarding the closure in meetings with State and local
        government officials under subsection (b).
            (2) Comment period.--The permanent closure of a forest road
        may not take effect until after the end of the 90-day period
        beginning on the date that the announcement under paragraph (1)
        was published regarding that road so as to permit the public to
        submit comments regarding the decision to select or propose the
        forest road for permanent closure.
    (d) Prohibition on Permanent Road Closures.--The permanent closure
of a forest road is prohibited unless--
            (1) advance notice of the permanent closure of the road is
        provided to the appropriate State and local government
        officials in the manner provided in subsection (b); and
            (2) the Secretary complies with the public notice and
        comment requirements under subsection (c).
    (e) Application of Requirements.--The requirements of this section
shall take effect on the date of the enactment of this Act, except that
the prohibition contained in subsection (d)(1) shall not apply to
prohibit the permanent closure of any forest road implemented during
the fiscal year in which this section is enacted.
    (f) Effect on Valid and Existing Rights.--Nothing in this section
shall invalidate rights-of-way designated under section 2477 of the
Revised Statutes of 1878 (43 U.S.C. 932) or other valid and existing
rights, including rights of ingress and egress.
    (g) Compliance With State Laws.--In carrying out this section with
respect to a forest road, the Secretary concerned shall comply with the
applicable laws of the State in which the forest road is located.

SEC. 3. EMERGENCIES.

    (a) Emergency Road Closures.--Subject to subsection (b), the
requirements of section 2 shall not apply to emergency road closures
where life or property would be endangered or threatened in the absence
of the road closure.
    (b) Length of Closure.--If an emergency road closure will extend
beyond one year, the Secretary concerned shall comply with the
requirements of section 2 within three months after the date on which
the emergency road closure commenced.

Summary: Directs the Secretaries of Agriculture and the Interior, prior to making permanent road closings on National Forest System or Bureau of Land Management lands, respectively, to: (1) provide affected State and local officials with advance notice showing affected roads and traffic patterns. And (2) provide for public notice and comment. Requires: (1) the Secretaries to meet annually with State and local officials to describe agency proposals that will or may result in permanent road closures within the coming two fiscal years. And (2) information to be provided at the first meeting respecting the previous five years' road closings.