SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Armed Forces
Protection Act of 1996''.

SEC. 2. FINDINGS AND CONGRESSIONAL POLICY.

    (a) Findings.--Congress finds as follows:
            (1) The President has made United Nations peace operations
        a major component of the foreign and security policies of the
        United States.
            (2) The President has committed United States military
        personnel under United Nations operational control to missions
        in Haiti, Croatia, and Macedonia that could endanger those
        personnel.
            (3) The President has deployed over 22,000 United States
        military personnel to the former Yugoslavia as peacekeepers
        under NATO operational control to implement the Dayton Peace
        Accord of December 1995.
            (4) Although the President has insisted that he will retain
        command of United States forces at all times, in the past this
        has meant administrative control of United States forces only,
        while operational control has been ceded to United Nations
        commanders, some of whom were foreign nationals.
            (5) The experience of United States forces participating in
        combined United States-United Nations operations in Somalia,
        and in combined United Nations-NATO operations in the former
        Yugoslavia, demonstrate that prerequisites for effective
        military operations such as unity of command and clarity of
        mission have not been met by United Nations command and control
        arrangements.
            (6) Despite the many deficiencies in the conduct of United
        Nations peace operations, there may be unique occasions when it
        is in the national security interests of the United States to
        participate in such operations.
    (b) Policy.--It is the sense of Congress that--
            (1) the President should fully comply with all applicable
        provisions of law governing the deployment of the Armed Forces
        of the United States to United Nations peacekeeping operations;
            (2) the President should consult closely with Congress
        regarding any United Nations peace operation that could involve
        United States combat forces and that such consultations should
        continue throughout the duration of such activities;
            (3) the President should consult with Congress before a
        vote within the United Nations Security Council on any
        resolution which would authorize, extend, or revise the mandate
        for any such activity;
            (4) in view of the complexity of United Nations peace
        operations and the difficulty of achieving unity of command and
        expeditious decisionmaking, the United States should
        participate in such operations only when it is clearly in the
national security interest to do so;
            (5) United States combat forces should be under the
        operational control of qualified commanders and should have
        clear and effective command and control arrangements and rules
        of engagement (which do not restrict their self-defense in any
        way) and clear and unambiguous mission statements; and
            (6) none of the Armed Forces of the United States should be
        under the operational control of foreign nationals in United
        Nations peace enforcement operations except in the most
        extraordinary circumstances.
    (c) Definitions.--For purposes of subsections (a) and (b):
            (1) The term ``United Nations peace enforcement
        operations'' means any international peace enforcement or
        similar activity that is authorized by the United Nations
        Security Council under chapter VII of the Charter of the United
        Nations.
            (2) The term ``United Nations peace operations'' means any
        international peacekeeping, peacemaking, peace enforcement, or
        similar activity that is authorized by the United Nations
        Security Council under chapter VI or VII of the Charter of the
        United Nations.

SEC. 3. PLACEMENT OF UNITED STATES FORCES UNDER UNITED NATIONS
              OPERATIONAL OR TACTICAL CONTROL.

    (a) In General.--(1) Chapter 20 of title 10, United States Code, is
amended by inserting after section 404 the following new section:
``Sec. 405. Placement of United States forces under United Nations
              operational or tactical control: limitation
    ``(a) Limitation.--Except as provided in subsections (b) and (c),
funds appropriated or otherwise made available for the Department of
Defense may not be obligated or expended for activities of any element
of the armed forces that after the date of the enactment of this
section is placed under United Nations operational or tactical control,
as defined in subsection (f).
    ``(b) Exception for Presidential Certification.--(1) Subsection (a)
shall not apply in the case of a proposed placement of an element of
the armed forces under United Nations operational or tactical control
if the President, not less than 15 days before the date on which such
United Nations operational or tactical control is to become effective
(or as provided in paragraph (2)), meets the requirements of subsection
(d).
    ``(2) If the President certifies to Congress that an emergency
exists that precludes the President from meeting the requirements of
subsection (d) 15 days before placing an element of the armed forces
under United Nations operational or tactical control, the President may
place such forces under such operational or tactical control and meet
the requirements of subsection (d) in a timely manner, but in no event
later than 48 hours after such operational or tactical control becomes
effective.
    ``(c) Additional Exceptions.--(1) Subsection (a) shall not apply in
the case of a proposed placement of any element of the armed forces
under United Nations operational or tactical control if Congress
specifically authorizes by law that particular placement of United
States forces under United Nations operational or tactical control.
    ``(2) Subsection (a) shall not apply in the case of a proposed
placement of any element of the armed forces in an operation conducted
by the North Atlantic Treaty Organization.
    ``(d) Presidential Certifications.--The requirements referred to in
subsection (b)(1) are that the President submit to Congress the
following:
            ``(1) Certification by the President that it is in the
        national security interests of the United States to place any
        element of the armed forces under United Nations operational or
        tactical control.
            ``(2) A report setting forth the following:
                    ``(A) A description of the national security
                interests that would be advanced by the placement of
                United States forces under United Nations operation or
                tactical control.
                    ``(B) The mission of the United States forces
                involved.
                    ``(C) The expected size and composition of the
                United States forces involved.
                    ``(D) The precise command and control relationship
                between the United States forces involved and the
                United Nations command structure.
                    ``(E) The precise command and control relationship
                between the United States forces involved and the
                commander of the United States unified command for the
                region in which those United States forces are to
                operate.
                    ``(F) The extent to which the United States forces
                involved will rely on forces of other countries for
                security and defense and an assessment of the
capability of those other forces to provide adequate security to the
United States forces involved.
                    ``(G) The exit strategy for complete withdrawal of
                the United States forces involved.
                    ``(H) The extent to which the commander of any unit
                of the armed forces proposed for placement under United
                Nations operational or tactical control will at all
                times retain the right--
                            ``(i) to report independently to superior
                        United States military authorities; and
                            ``(ii) to decline to comply with orders
                        judged by the commander to be illegal or beyond
                        the mandate of the mission to which the United
                        States agreed with the United Nations, until
                        such time as that commander receives direction
                        from superior United States military
                        authorities with respect to the orders that the
                        commander has declined to comply with.
                    ``(I) The extent to which the United States will
                retain the authority to withdraw any element of the
                armed forces from the proposed operation at any time
                and to take any action it considers necessary to
                protect those forces if they are engaged.
                    ``(J) The anticipated monthly incremental cost to
                the United States of participation in the United
                Nations operation by the United States forces which are
                proposed to be placed under United Nations operational
                or tactical control and the percentage that such cost
                represents of the total anticipated monthly incremental
                costs of all nations expected to participate in such
                operation.
    ``(e) Classification of Report.--A report under subsection (d)
shall be submitted in unclassified form and, if necessary, in
classified form.
    ``(f) United Nations Operational or Tactical Control.--For purposes
of this section, an element of the Armed Forces shall be considered to
be placed under United Nations operational or tactical control if--
            ``(1) that element is under the operational or tactical
        control of an individual acting on behalf of the United Nations
        for the purpose of international peacekeeping, peacemaking,
        peace-enforcing, or similar activity that is authorized by the
        Security Council under chapter VI or VII of the Charter of the
        United Nations; and
            ``(2) the senior military commander of the United Nations
        force or operation is a foreign national or is a citizen of the
        United States who is not a United States military officer
        serving on active duty.
    ``(g) Interpretation.--Nothing in this section may be construed--
            ``(1) as authority for the President to use any element of
        the Armed Forces in any operation;
            ``(2) as authority for the President to place any element
        of the Armed Forces under the command or operational control of
        a foreign national; or
            ``(3) as superseding, negating, or otherwise affecting the
        requirements of section 6 of the United Nations Participation
        Act of 1945 (22 U.S.C. 287d).''.
    (2) The table of sections at the beginning of subchapter I of such
chapter is amended by adding at the end the following new item:

``405. Placement of United States forces under United Nations
                            operational or tactical control:
                            limitation.''.
    (b) Exception for Ongoing Operations in Macedonia and Croatia.--
Section 405 of title 10, United States Code, as added by subsection
(a), does not apply in the case of activities of the Armed Forces that
are carried out--
            (1) in Macedonia as part of the United Nations force
        designated as the United Nations Preventive Deployment Force
        (UNPREDEP) pursuant to United Nations Security Council
        Resolution 795, adopted December 11, 1992, and Resolution 983,
        adopted March 31, 1995, and subsequent reauthorization
        Resolutions; or
            (2) in Croatia as part of the United Nations force
        designated as the United Nations Transitional Administration
        for Eastern Slavonia, Baranja, and Western Sirmium (UNTAES)
        pursuant to United Nations Security Council Resolution 1037,
        adopted January 15, 1996, and subsequent reauthorization
        Resolutions.

SEC. 4. REQUIREMENT TO ENSURE THAT ALL MEMBERS KNOW MISSION AND CHAIN
              OF COMMAND.

    (a) In General.--Chapter 37 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 656. Members required to be informed of mission and chain of
              command
    ``The commander of any unit of the armed forces assigned to an
operation shall ensure that each member of such unit is fully informed
of that unit's mission as part of such operation and of that member's
chain of command.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``656. Members required to be informed of mission and chain of
                            command.''.

SEC. 5. PROHIBITION ON REQUIREMENT FOR MEMBERS OF THE ARMED FORCES TO
              WEAR UNIFORM ITEMS OF THE UNITED NATIONS.

    (a) In General.--Chapter 45 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 777. Insignia of United Nations: prohibition on requirement for
              wearing
    ``No member of the armed forces may be required to wear as part of
the uniform any badge, symbol, helmet, headgear, or other visible
indicia or insignia which indicates (or tends to indicate) any
allegiance or affiliation to or with the United Nations except in a
case in which the wearing of such badge, symbol, helmet, headgear,
indicia, or insignia is specifically authorized by law with respect to
a particular United Nations operation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``777. Insignia of United Nations: prohibition on requirement for
                            wearing.''.

            Passed the House of Representatives September 5, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

Summary: United States Armed Forces Protection Act of 1996 - States certain congressional findings and policy concerning the placement of US armed forces under United Nations (UN) operational or tactical control. Prohibits Department of Defense funds from being obligated or expended for activities of any element of the armed forces that is placed under UN operational or tactical control, unless: (1) the President, at least 15 days before UN control is to become effective , certifies to the Congress that such action is in the national security interests. Or (2) such placement is specifically authorized by law or is part of a North Atlantic Treaty Organization operation. Specifies information to be submitted with the President's certification, including: (1) information on the national security interests to be advanced. (2) the mission, size, and composition of the US forces involved. (3) the command and control relationship of the US forces with the UN command structure and with the US unified command for the region. (4) the exit strategy for, and withdrawal authority of, US forces. And (5) the anticipated monthly incremental cost of US participation and the percentage that such cost represents of the total anticipated monthly incremental costs of all nations expected to participate in the operation. Provides that this Act shall not apply to activities of the armed forces carried out as part of specified ongoing activities of the UN Preventive Deployment Force in Macedonia or the UN Transitional Administration for Eastern Slavonia, Baranja, and Western Sirmium in Croatia. Requires that members of the armed forces be informed of their unit's mission and their chain of command in any operation to which their unit is assigned. Prohibits US military personnel from being required to wear UN insignia except when such insignia is specifically authorized by law with respect to a particular UN operation.


SECTION 1. SHORT TITLE.

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

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

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

                  ``If the individual

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

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

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

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

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

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

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

 ``treatment services for individuals with a substance abuse condition

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

HR 2930 IH----2

Summary: Notch Fairness Act of 1996 - Amends title II (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries , with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Requires actual dependency of a stepchild in order to receive a child's insurance benefit under OASDI. Repeals the benefit eligibility of a stepchild living with the stepparent but not dependent on the stepparent for at least half of his or her support. Terminates a child's insurance benefit based upon the work income of a stepparent six months after the month in which the Commissioner of Social Security receives formal notification of the divorce of such stepparent from the natural parent of the child. Prohibits payment of OASDI disability benefits if alcoholism or drug addiction would be a contributing factor material to the Commissioner's determination that such individual is disabled. Requires the payment of disability benefits to a representative payee if the Commissioner determines that a disabled individual also has an alcoholism or drug addition condition that prevents the individual from managing such benefits. Directs the Commissioner to refer an individual with such a condition to the appropriate State agency administering the plan for substance abuse treatment services under the Public Health Service Act. Amends title XVI (SSI) of the Social Security Act to make the same requirements with respect to SSI beneficiaries. Appropriates funds for FY 1997 and 1998 for supplemental funding of State and tribal alcohol and substance abuse treatment programs under the Public Health Service Act. Requires State or tribal governments receiving such funds to consider as a priority in their expenditure those activities relating to the treatment of the abuse of alcohol and other drugs.

Notch Fairness Act of 1996


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chesapeake Bay Environmental
Education Pilot Program Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) increasing public environmental awareness and
        understanding through formal environmental education and
        meaningful bay or stream field experiences are vital parts of
        the effort to protect and restore the Chesapeake Bay ecosystem;
            (2) using the Chesapeake Bay watershed as an integrating
        context for learning can help--
                    (A) advance student learning skills;
                    (B) improve academic achievement in core academic
                subjects; and
                    (C)(i) encourage positive behavior of students in
                school; and
                    (ii) encourage environmental stewardship in school
                and in the community; and
            (3) the Federal Government, acting through the Secretary of
        Education, should work with the Under Secretary for Oceans and
        Atmosphere, the Chesapeake Executive Council, State educational
        agencies, elementary schools and secondary schools, and
        nonprofit educational and environmental organizations to
        support development of curricula, teacher training, special
        projects, and other activities, to increase understanding of
        the Chesapeake Bay watershed and to improve awareness of
        environmental problems.

SEC. 3. CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND TRAINING GRANT PILOT
              PROGRAM.

    Title IV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7101 et seq.) is amended by adding at the end the following:

  ``PART D--CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND TRAINING GRANT
                             PILOT PROGRAM

``SEC. 4401. DEFINITIONS.

    ``In this part:
            ``(1) Bay watershed state.--The term `Bay Watershed State'
        means each of the States of Delaware, Maryland, New York,
        Pennsylvania, Virginia, and West Virginia, and the District of
        Columbia.
            ``(2) Chesapeake executive council.--The term `Chesapeake
        Executive Council' has the meaning given the term in section
        307(d) of the National Oceanic and Atmospheric Administration
        Authorization Act of 1992 (15 U.S.C. 1511d(d)).
            ``(3) Eligible institution.--The term `eligible
        institution' means--
                    ``(A) a public elementary school or secondary
                school located in a Bay Watershed State; and
                    ``(B) a nonprofit environmental or educational
                organization located in a Bay Watershed State.
            ``(4) Program.--The term `Program' means the Chesapeake Bay
        Environmental Education and Training Grant Pilot Program
        established under section 4402.

``SEC. 4402. CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND TRAINING GRANT
              PILOT PROGRAM.

    ``(a) In General.--The Secretary shall establish a grant program,
to be known as the `Chesapeake Bay Environmental Education and Training
Grant Pilot Program', to make grants to eligible institutions to pay
the Federal share of the cost of developing, demonstrating, or
disseminating information on practices, methods, or techniques relating
to environmental education and training in the Chesapeake Bay
watershed.
    ``(b) Federal Share.--The Federal share referred to in subsection
(a) shall be 50 percent.
    ``(c) Administration.--The Secretary may offer to enter into a
cooperative agreement or contract with the National Fish and Wildlife
Foundation established by the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701 et seq.), the Under Secretary for
Oceans and Atmosphere, a State educational agency, or a nonprofit
organization that carries out environmental education and training
programs, for administration of the Program.
    ``(d) Use of Funds.--An eligible institution that receives a grant
under the Program shall use the funds made available through the grant
to carry out a project consisting of--
            ``(1) design, demonstration, or dissemination of
        environmental curricula, including development of educational
        tools or materials;
            ``(2) design or demonstration of field practices, methods,
        or techniques, including--
                    ``(A) assessments of environmental or ecological
                conditions; and
                    ``(B) analyses of environmental pollution or other
                natural resource problems;
            ``(3) understanding and assessment of a specific
        environmental issue or a specific environmental problem;
            ``(4) provision of training or related education for
        teachers or other educational personnel, including provision of
        programs or curricula to meet the needs of students in various
        age groups or at various grade levels;
            ``(5) provision of an environmental education seminar,
        teleconference, or workshop for environmental education
        professionals or environmental education students, or provision
        of a computer network for such professionals and students;
            ``(6) provision of on-the-ground activities involving
        students and teachers, such as--
                    ``(A) riparian forest buffer restoration; and
                    ``(B) volunteer water quality monitoring at
                schools;
            ``(7) provision of a Chesapeake Bay or stream outdoor
        educational experience; or
            ``(8) development of distance learning or other courses or
        workshops that are acceptable in all Bay Watershed States and
        apply throughout the Chesapeake Bay watershed.
    ``(e) Required Elements of Program.--In carrying out the Program,
the Secretary shall--
            ``(1) solicit applications for projects;
            ``(2) select suitable projects from among the projects
        proposed;
            ``(3) supervise projects;
            ``(4) evaluate the results of projects; and
            ``(5) disseminate information on the effectiveness and
        feasibility of the practices, methods, and techniques addressed
        by the projects.
    ``(f) Solicitation of Applications.--Not later than 90 days after
the date on which amounts are first made available to carry out this
part, and each year thereafter, the Secretary shall publish a notice of
solicitation for applications for grants under the Program that
specifies the information to be included in each application.
    ``(g) Applications.--To be eligible to receive a grant under the
Program, an eligible institution shall submit an application to the
Secretary at such time, in such form, and containing such information
as the Secretary may require.
    ``(h) Priority in Selection of Projects.--In making grants under
the Program, the Secretary shall give priority to an applicant that
proposes a project that will develop--
            ``(1) a new or significantly improved environmental
        education practice, method, or technique, in multiple
        disciplines, or a program that assists appropriate entities and
        individuals in meeting Federal or State academic standards
        relating to environmental education;
            ``(2) an environmental education practice, method, or
        technique that may have wide application; and
            ``(3) an environmental education practice, method, or
        technique that addresses a skill or scientific field identified
        as a priority by the Chesapeake Executive Council.
    ``(i) Maximum Amount of Grants.--Under the Program, the maximum
amount of a grant shall be $50,000.
    ``(j) Notification.--Not later than 3 days before making a grant
under this part, the Secretary shall provide notification of the grant
to the appropriate committees of Congress.
    ``(k) Regulations.--Not later than 1 year after the date of
enactment of the Chesapeake Bay Environmental Education Pilot Program
Act, the Secretary shall promulgate regulations concerning
implementation of the Program.

``SEC. 4403. EVALUATION AND REPORT.

    ``(a) Evaluation.--Not later than December 31, 2009, the Secretary
shall enter into a contract with an entity that is not the recipient of
a grant under this part to conduct a detailed evaluation of the
Program. In conducting the evaluation, the Secretary shall determine
whether the quality of content, delivery, and outcome of the Program
warrant continued support of the Program.
    ``(b) Report.--Not later than December 31, 2010, the Secretary
shall submit a report to the appropriate committees of Congress
containing the results of the evaluation.

``SEC. 4404. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry
out this part $6,000,000 for each of fiscal years 2006 through 2009.
    ``(b) Administrative Expenses.--Of the amounts made available under
subsection (a) for each fiscal year, not more than 10 percent may be
used for administrative expenses.''.

Summary: Chesapeake Bay Environmental Education Pilot Program Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to establish a Chesapeake Bay Environmental Education Grant Pilot Program of matching grants for developing, demonstrating, or disseminating information on practices, methods, or techniques relating to environmental education and training in the Chesapeake Bay watershed. Makes eligible for such grants public elementary or secondary schools and nonprofit environmental or educational organizations located in the District of Columbia, Delaware, Maryland, New York, Pennsylvania, Virginia, or West Virginia.

A bill to amend the Elementary and Secondary Education Act of 1965 to establish a pilot program to make grants to eligible institutions to develop, demonstrate, or disseminate information on practices, methods, or techniques relating to environmental education and training in the Chesapeake Bay Watershed.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improved Medical Decision Incentive
Act of 2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States spends more per capita on health care
        than any other nation, and yet it has mediocre health outcomes,
        including the second-highest infant mortality rate of all
        industrialized nations.
            (2) The efficacy of best practices guidelines in improving
        health care delivery and patient outcomes is well established.
            (3) Existing payment systems compensate physicians without
        adequate attention to the appropriateness or quality of care
        delivered and often without reference to established best
        practices.
            (4) Identification of and adherence to best practices can
        improve the quality of health care while reducing overall costs
        to the health care system.
            (5) Orderly administrative proceedings involving
        knowledgeable professionals will enhance best practices for
        health care.
            (6) Control of medical practices through denial of claims
        by insurance companies has proven wasteful and confusing, and
        has failed to motivate adequate development and use of best
        practices for health care.

SEC. 3. VOLUNTARY STATE DEVELOPMENT AND APPROVAL OF QUALIFYING BEST
              PRACTICES; INCENTIVES FOR PRIVATE INSURERS.

    (a) State Approval of Best Practices.--
            (1) In general.--A State health department may approve best
        practices in a course of, or as a means of treatment for, a
        particular condition, illness, or procedure, as the qualifying
        standard of care for the State in order to take advantage of
        the differential rates of payment implemented under sections
        1898 and 1902(dd) of the Social Security Act (as added by
        sections 4 and 5, respectively) and the private insurance
        incentive under subsection (b).
            (2) Qualifying process for state approval.--In order for
        best practices approved by a State under paragraph (1) to
        qualify as best practices for purposes of implementing such
        differential rates of payment and for purposes of such private
        insurance incentive, a State health department shall--
                    (A) allow any duly constituted State medical
                society or medical specialty group to file with the
                State health department a course or means of treatment
                representing best practices for a particular condition,
                illness, or procedure to be applicable in the State,
                including cost-effective prevention and management
                measures;
                    (B) provide for notice and hearing consistent with
                the administrative procedures of the State with respect
                to the approval of best practices for a particular
                condition, illness, or procedure;
                    (C) permit any health insurer described in
                subsection (b)(1), including any individual authorized
                by the Secretary of Health and Human Services to act as
                a representative of the Medicare and Medicaid programs
                under titles XVIII and XIX, respectively, of the Social
                Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.), to
                intervene in any administrative proceeding to approve
                such best practices;
                    (D) provide appropriate notice of any such
                administrative proceeding to established advocacy
                groups concerned with the condition or illness involved
                in the proceeding; and
                    (E) in the case where the State health department
                determines that a course of treatment filed in
                accordance with subparagraph (A) would lower system
                costs and improve quality of care, approve that best
                practices course of treatment within its jurisdiction
                as the qualifying standard of care under this
                subsection for that condition, illness, or procedure.
            (3) Priority of approvals.--State health departments are
        encouraged to prioritize approval of best practices that
        address conditions, illnesses, or procedures where those best
        practices are reasonably anticipated to result in the greatest
        overall cost savings and quality improvements.
            (4) Approval of qualifying best practices.--If, at the
        conclusion of a process that meets the requirements of
        paragraph (2), the State health department approves best
        practices (as described in paragraph (1)), those best practices
        shall be--
                    (A) deemed qualifying best practices;
                    (B) the basis for differential rates of payment
                under sections 1898 and 1902(dd) of the Social Security
                Act (as added by sections 4 and 5, respectively); and
                    (C) eligible for the private insurance incentive
                under subsection (b).
            (5) Definition of state.--In this subsection the term
        ``State'' includes such regional or local areas as the State
        health department determines appropriate.
    (b) Incentive for Private Insurers To Provide Timely Payment for
Services Provided in Accordance With Best Practices.--
            (1) In general.--Notwithstanding any other provision of
        law, in the case where qualifying best practices have been
        approved by a State health department in accordance with
        subsection (a), any health insurer doing business in interstate
        commerce and providing health care coverage within the State
        shall pay all provider charges for any service provided in
        accordance with such best practices not later than 30 days
        after the date on which such service is provided and, absent
        fraud, without regard for the insurer's internal utilization
        review or claims denial procedure.
            (2) Standing to enforce.--Any provider or specialty group
        that does business in a State where the State health department
        has approved qualifying best practices in accordance with
        subsection (a) may bring a civil action in an appropriate
        United States district court to enjoin efforts by any health
        insurer to challenge or delay payment for services provided by
        the provider or a member of the specialty group in accordance
        with such best practices approved in the State. The district
        court shall award a provider or specialty group costs and
        attorney's fees in such a civil action if the court finds that
        the challenge or delay was a willful violation of this Act.

SEC. 4. IMPLEMENTATION OF DIFFERENTIAL RATES OF PAYMENT FOR QUALIFYING
              BEST PRACTICES UNDER THE MEDICARE PROGRAM.

    (a) Differential Rates of Payment for Qualifying Best Practices.--
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by adding at the end the following new section:

     ``differential rates of payment for qualifying best practices

    ``Sec. 1898.  (a) In General.--
            ``(1) Differential rates of payment.--Notwithstanding any
        other provision of law, the Secretary shall establish
        procedures to provide differential rates of payment for items
        and services covered under the program under this title that
        favor treatment provided consistent with qualifying best
        practices approved by a State in accordance with section 3(a)
        of the Improved Medical Decision Incentive Act of 2007.
            ``(2) Regulations.--Not later than March 31, 2008, the
        Secretary shall promulgate regulations to carry out this
        subsection.
            ``(3) Budget neutrality.--The Secretary shall ensure that
        the procedures established under paragraph (1) do not result in
        overall expenditures for any year under this title that are
        more than the expenditures which would have been made if such
        procedures had not been established, taking into account--
                    ``(A) any savings anticipated as a result of the
                application of best practices to items and services
                covered under the program under this title; and
                    ``(B) the net effects of reimbursement increases
                and decreases as a result of the differential in rates
                of payment established under such program.
    ``(b) Adoption of National Best Practices.--
            ``(1) In general.--Such procedures shall specify that, in
        any case where the Secretary finds a national standard for best
        practices to be appropriate, the Secretary may adopt national
        best practices. Subject to paragraph (2), such national best
        practices shall be applicable within a State as a qualifying
        best practice in accordance with section 3(a) of the Improved
        Medical Decision Incentive Act of 2007 and the basis for the
        establishment of differential rates of payment under the
        program under this title.
            ``(2) Limitation.--In any case where the State health
        department has approved qualifying best practices in the State
        for a condition, illness, or procedure in accordance with such
        section 3(a), national best practices adopted under paragraph
        (1) shall only be applicable within such State as a qualifying
        best practice and the basis for the establishment of such
        differential rates of payment if the Secretary finds, after a
        hearing in the State that meets the procedural requirements
        under paragraph (2) of such section 3(a), that the national
        best practices will improve health care outcomes and lower
        health care costs in the State to a greater extent than the
        qualifying best practices approved by the State health
        department for that condition, illness, or procedure in
        accordance with such section 3(a).''.
    (b) Effective Date.--The amendment made by this section shall apply
to items and services furnished on or after March 31, 2008.

SEC. 5. IMPLEMENTATION OF DIFFERENTIAL RATES OF PAYMENT FOR QUALIFYING
              BEST PRACTICES UNDER THE MEDICAID PROGRAM.

    (a) State Plan Amendment.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended--
            (1) in paragraph (69), by striking ``and'' at the end;
            (2) in paragraph (70)(B)(iv), by striking the period at the
        end and inserting ``; and''; and
            (3) by inserting after paragraph (70)(B)(iv) the following
        new paragraph:
            ``(71) provide, in accordance with procedures established
        by the Secretary under subsection (dd) and after consultation
        with and upon the recommendation of the State health department
        (and the approval of the Secretary), for differential rates of
        payment for medical assistance under the plan that favor
        treatment provided consistent with qualifying best practices
        approved by the State health department in accordance with
        section 3(a) of the Improved Medical Decision Incentive Act of
        2007, except that in establishing such payment rates, the State
        shall ensure that the amounts paid under such rates do not
        exceed the amount the State would have paid for such medical
        assistance under the plan if such differential rates of payment
        had not been made, taking into account any annual increases in
        population and inflation.''.
    (b) Establishment of Procedures.--Section 1902 of the Social
Security Act (42 U.S.C. 1396a) is amended by adding at the end the
following new subsection:
    ``(dd) Differential Rates of Payment for Qualifying Best Practices
and Adoption of National Best Practices.--
            ``(1) Differential rates of payment for qualifying best
        practices.--
                    ``(A) In general.--Notwithstanding any other
                provision of law, the Secretary shall establish
                procedures to provide differential rates of payment for
                medical assistance provided consistent with qualifying
                best practices approved by a State in accordance with
                section 3(a) of the Improved Medical Decision Incentive
                Act of 2007.
                    ``(B) Regulations.--Not later than March 31, 2008,
                the Secretary shall promulgate regulations to carry out
                this subsection.
                    ``(C) Budget neutrality.--The Secretary shall
                ensure that the procedures established under
                subparagraph (A) do not result in overall expenditures
                for any year under a State plan that are more than the
                expenditures which would have been made if such
                procedures had not been established, taking into
                account--
                            ``(i) any savings anticipated as a result
                        of the application of best practices to medical
                        assistance provided under the State plan; and
                            ``(ii) the net effects of reimbursement
                        increases and decreases as a result of the
                        differential rates of payment established under
                        such plan.
            ``(2) Adoption of national best practices.--Such procedures
        shall specify that, in any case where the Secretary adopts
        national best practices in accordance with section 1898(b),
        subject to the limitation under paragraph (2) of such section,
        such national best practices shall be--
                    ``(A) applicable within a State as a qualifying
                best practice in accordance with section 3(a) of the
                Improved Medical Decision Incentive Act of 2007; and
                    ``(B) the basis for the establishment of
                differential rates of payment under the State plan.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall apply to medical
        assistance furnished on or after March 31, 2008.
            (2) Extension of effective date for state law amendment.--
        In the case of a State plan under title XIX of the Social
        Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
        Health and Human Services determines requires State legislation
        in order for the plan to meet the additional requirements
        imposed by the amendments made by this section, the State plan
        shall not be regarded as failing to comply with the
        requirements of such title solely on the basis of its failure
        to meet these additional requirements before the first day of
        the first calendar quarter beginning after the close of the
        first regular session of the State legislature that begins
        after the date of enactment of this Act. For purposes of the
        previous sentence, in the case of a State that has a 2-year
        legislative session, each year of the session is considered to
        be a separate regular session of the State legislature.

SEC. 6. OVERSIGHT BY THE CENTERS FOR MEDICARE & MEDICAID SERVICES.

    (a) Review and Report.--
            (1) Review.--
                    (A) In general.--The Secretary shall conduct an
                annual review of the efficacy of all qualifying best
                practices approved pursuant to section 3(a) and, if
                applicable, any national best practices adopted
                pursuant to section 1898(b) of the Social Security Act,
                as added by section 4(a).
                    (B) Considerations.--The review conducted under
                subparagraph (A) shall consider--
                            (i) the effect of such best practices with
                        respect to improving outcomes and lowering the
                        cost of care; and
                            (ii) the effect and efficacy of
                        differential rates of payment under the
                        Medicare and Medicaid programs under titles
                        XVIII and XIX, respectively, of the Social
                        Security Act (42 U.S.C. 1395 et seq.; 1396 et
                        seq.) under procedures established pursuant to
                        the amendments made by sections 4 and 5.
            (2) Report.--The Secretary shall submit an annual report to
        Congress containing the results of the review conducted under
        paragraph (1)(A), together with recommendations for such
        legislation and administrative actions as the Secretary
        determines appropriate.
    (b) Annual Conference.--The Secretary shall host an annual
conference of all State health directors, and any State medical
societies and medical specialty groups that have filed best practices
for approval with a State health department in accordance with
subparagraph (A) of section 3(a)(2) and any health insurers and
advocacy groups that have participated in any administrative proceeding
to approve best practices in accordance with subparagraphs (C) and (D),
respectively, of such section, to provide--
            (1) for the exchange of information; and
            (2) an opportunity to summarize the effects on health care
        costs, quality, and outcomes of qualifying best practices
        approved in accordance with section 3(a) prior to the date on
        which the conference is held.
    (c) Authorization.--There are authorized to be appropriated such
sums as may be necessary for the purpose of carrying out this section.
    (d) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Health and Human Services, acting
through the Administrator of the Centers for Medicare & Medicaid
Services.

Summary: Improved Medical Decision Incentive Act of 2007 - Allows a state health department to approve best practices in a course of, or as a means of treatment for, a particular condition, illness, or procedure, as the qualifying standard of care for the state in order to take advantage of the differential rates of payment implemented under the Social Security Act and the private insurance incentive under this Act. Requires a state health department, among other conditions for state approval, to allow any duly constituted state medical society or medical speciality group to file with the state health department a course or means of treatment representing best practices for a particular condition, illness, or procedure. Requires any interstate health insurer providing health care coverage within a state with approved qualifying best practices to pay all provider charges for any service provided in accordance with such practices. Authorizes any such provider or specialty group to bring a civil action in an appropriate US district court to enjoin efforts by any health insurer to challenge or delay payment for services provided by the provider or a member of the specialty group in accordance with such best practices. Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for implementation of differential rates of payment for covered items and services that favor treatment consistent with qualifying best practices under the Medicare and Medicaid programs. Requires the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare Medicaid Services, to review annually and report to Congress on the efficacy of all qualifying best practices approved pursuant to this Act and, if applicable, any national best practices adopted pursuant to this Act. Requires the Secretary also to host an annual conference on best practices for all state health directors, any state medical societies and medical specialty groups that have filed best practices for state approval, and any health insurers and advocacy groups that have participated in any administrative proceeding to approve best practices.

A bill to provide for the voluntary development by States of qualifying best practices for health care and to encourage such voluntary development by amending titles XVIII and XIX of the Social Security Act to provide differential rates of payment favoring treatment provided consistent with qualifying best practices under the Medicare and Medicaid programs, and for other purposes.


SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Improving Regulatory Transparency
for New Medical Therapies Act''.
SEC. 2. SCHEDULING OF SUBSTANCES INCLUDED IN NEW FDA-APPROVED DRUGS.
    (a) Effective Date of Approval.--
        (1) Effective date of drug approval.--Section 505 of the
    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by
    adding at the end the following:
    ``(x) Date of Approval in the Case of Recommended Controls Under
the CSA.--
        ``(1) In general.--In the case of an application under
    subsection (b) with respect to a drug for which the Secretary
    provides notice to the sponsor that the Secretary intends to issue
    a scientific and medical evaluation and recommend controls under
    the Controlled Substances Act, approval of such application shall
    not take effect until the interim final rule controlling the drug
    is issued in accordance with section 201(j) of the Controlled
    Substances Act.
        ``(2) Date of approval.--For purposes of this section, with
    respect to an application described in paragraph (1), the term
    `date of approval' shall mean the later of--
            ``(A) the date an application under subsection (b) is
        approved under subsection (c); or
            ``(B) the date of issuance of the interim final rule
        controlling the drug.''.
        (2) Effective date of approval of biological products.--Section
    351 of the Public Health Service Act (42 U.S.C. 262) is amended by
    adding at the end the following:
    ``(n) Date of Approval in the Case of Recommended Controls Under
the CSA.--
        ``(1) In general.--In the case of an application under
    subsection (a) with respect to a biological product for which the
    Secretary provides notice to the sponsor that the Secretary intends
    to issue a scientific and medical evaluation and recommend controls
    under the Controlled Substances Act, approval of such application
    shall not take effect until the interim final rule controlling the
    biological product is issued in accordance with section 201(j) of
    the Controlled Substances Act.
        ``(2) Date of approval.--For purposes of this section, with
    respect to an application described in paragraph (1), references to
    the date of approval of such application, or licensure of the
    product subject to such application, shall mean the later of--
            ``(A) the date an application is approved under subsection
        (a); or
            ``(B) the date of issuance of the interim final rule
        controlling the biological product.''.
        (3) Effective date of approval of animal drugs.--
            (A) In general.--Section 512 of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end
        the following:
    ``(q) Date of Approval in the Case of Recommended Controls Under
the CSA.--
        ``(1) In general.--In the case of an application under
    subsection (b) with respect to a drug for which the Secretary
    provides notice to the sponsor that the Secretary intends to issue
    a scientific and medical evaluation and recommend controls under
    the Controlled Substances Act, approval of such application shall
    not take effect until the interim final rule controlling the drug
    is issued in accordance with section 201(j) of the Controlled
    Substances Act.
        ``(2) Date of approval.--For purposes of this section, with
    respect to an application described in paragraph (1), the term
    `date of approval' shall mean the later of--
            ``(A) the date an application under subsection (b) is
        approved under subsection (c); or
            ``(B) the date of issuance of the interim final rule
        controlling the drug.''.
            (B) Conditional approval.--Section 571(d) of the Federal
        Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc(d)) is amended
        by adding at the end the following:
        ``(4)(A) In the case of an application under subsection (a)
    with respect to a drug for which the Secretary provides notice to
    the sponsor that the Secretary intends to issue a scientific and
    medical evaluation and recommend controls under the Controlled
    Substances Act, conditional approval of such application shall not
    take effect until the interim final rule controlling the drug is
    issued in accordance with section 201(j) of the Controlled
    Substances Act.
        ``(B) For purposes of this section, with respect to an
    application described in subparagraph (A), the term `date of
    approval' shall mean the later of--
            ``(i) the date an application under subsection (a) is
        conditionally approved under subsection (b); or
            ``(ii) the date of issuance of the interim final rule
        controlling the drug.''.
            (C) Indexing of legally marketed unapproved new animal
        drugs.--Section 572 of the Federal Food, Drug, and Cosmetic Act
        (21 U.S.C. 360ccc-1) is amended by adding at the end the
        following:
    ``(k) In the case of a request under subsection (d) to add a drug
to the index under subsection (a) with respect to a drug for which the
Secretary provides notice to the person filing the request that the
Secretary intends to issue a scientific and medical evaluation and
recommend controls under the Controlled Substances Act, a determination
to grant the request to add such drug to the index shall not take
effect until the interim final rule controlling the drug is issued in
accordance with section 201(j) of the Controlled Substances Act.''.
        (4) Date of approval for designated new animal drugs.--Section
    573(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
    360ccc-2(c)) is amended by adding at the end the following:
        ``(3) For purposes of determining the 7-year period of
    exclusivity under paragraph (1) for a drug for which the Secretary
    intends to issue a scientific and medical evaluation and recommend
    controls under the Controlled Substances Act, the drug shall not be
    considered approved or conditionally approved until the date that
    the interim final rule controlling the drug is issued in accordance
    with section 201(j) of the Controlled Substances Act.''.
    (b) Scheduling of Newly Approved Drugs.--Section 201 of the
Controlled Substances Act (21 U.S.C. 811) is amended by inserting after
subsection (i) the following:
    ``(j)(1) With respect to a drug referred to in subsection (f), if
the Secretary of Health and Human Services recommends that the Attorney
General control the drug in schedule II, III, IV, or V pursuant to
subsections (a) and (b), the Attorney General shall, not later than 90
days after the date described in paragraph (2), issue an interim final
rule controlling the drug in accordance with such subsections and
section 202(b) using the procedures described in paragraph (3).
    ``(2) The date described in this paragraph shall be the later of--
        ``(A) the date on which the Attorney General receives the
    scientific and medical evaluation and the scheduling recommendation
    from the Secretary of Health and Human Services in accordance with
    subsection (b); or
        ``(B) the date on which the Attorney General receives
    notification from the Secretary of Health and Human Services that
    the Secretary has approved an application under section 505(c),
    512, or 571 of the Federal Food, Drug, and Cosmetic Act or section
    351(a) of the Public Health Service Act, or indexed a drug under
    section 572 of the Federal Food, Drug, and Cosmetic Act, with
    respect to the drug described in paragraph (1).
    ``(3) A rule issued by the Attorney General under paragraph (1)
shall become immediately effective as an interim final rule without
requiring the Attorney General to demonstrate good cause therefor. The
interim final rule shall give interested persons the opportunity to
comment and to request a hearing. After the conclusion of such
proceedings, the Attorney General shall issue a final rule in
accordance with the scheduling criteria of subsections (b), (c), and
(d) of this section and section 202(b).''.
    (c) Extension of Patent Term.--Section 156 of title 35, United
States Code, is amended--
        (1) in subsection (d)(1), in the matter preceding subparagraph
    (A), by inserting ``, or in the case of a drug product described in
    subsection (i), within the sixty-day period beginning on the
    covered date (as defined in subsection (i))'' after ``marketing or
    use''; and
        (2) by adding at the end the following:
    ``(i)(1) For purposes of this section, if the Secretary of Health
and Human Services provides notice to the sponsor of an application or
request for approval, conditional approval, or indexing of a drug
product for which the Secretary intends to recommend controls under the
Controlled Substances Act, beginning on the covered date, the drug
product shall be considered to--
        ``(A) have been approved or indexed under the relevant
    provision of the Public Health Service Act or Federal Food, Drug,
    and Cosmetic Act; and
        ``(B) have permission for commercial marketing or use.
    ``(2) In this subsection, the term `covered date' means the later
of--
        ``(A) the date an application is approved--
            ``(i) under section 351(a)(2)(C) of the Public Health
        Service Act; or
            ``(ii) under section 505(b) or 512(c) of the Federal Food,
        Drug, and Cosmetic Act;
        ``(B) the date an application is conditionally approved under
    section 571(b) of the Federal Food, Drug, and Cosmetic Act;
        ``(C) the date a request for indexing is granted under section
    572(d) of the Federal Food, Drug, and Cosmetic Act; or
        ``(D) the date of issuance of the interim final rule
    controlling the drug under section 201(j) of the Controlled
    Substances Act.''.
SEC. 3. ENHANCING NEW DRUG DEVELOPMENT.
    Section 303 of the Controlled Substances Act (21 U.S.C. 823) is
amended by adding at the end the following:
    ``(i)(1) For purposes of registration to manufacture a controlled
substance under subsection (d) for use only in a clinical trial, the
Attorney General shall register the applicant, or serve an order to
show cause upon the applicant in accordance with section 304(c), not
later than 180 days after the date on which the application is accepted
for filing.
    ``(2) For purposes of registration to manufacture a controlled
substance under subsection (a) for use only in a clinical trial, the
Attorney General shall, in accordance with the regulations issued by
the Attorney General, issue a notice of application not later than 90
days after the application is accepted for filing. Not later than 90
days after the date on which the period for comment pursuant to such
notice ends, the Attorney General shall register the applicant, or
serve an order to show cause upon the applicant in accordance with
section 304(c), unless the Attorney General has granted a hearing on
the application under section 1008(i) of the Controlled Substances
Import and Export Act.''.
SEC. 4. RE-EXPORTATION AMONG MEMBERS OF THE EUROPEAN ECONOMIC AREA.
    Section 1003 of the Controlled Substances Import and Export Act (21
U.S.C. 953) is amended--
        (1) in subsection (f)--
            (A) in paragraph (5)--
                (i) by striking ``(5)'' and inserting ``(5)(A)'';
                (ii) by inserting ``, except that the controlled
            substance may be exported from a second country that is a
            member of the European Economic Area to another country
            that is a member of the European Economic Area, provided
            that the first country is also a member of the European
            Economic Area'' before the period at the end; and
                (iii) by adding at the end the following:
        ``(B) Subsequent to any re-exportation described in
    subparagraph (A), a controlled substance may continue to be
    exported from any country that is a member of the European Economic
    Area to any other such country, if--
            ``(i) the conditions applicable with respect to the first
        country under paragraphs (1), (2), (3), (4), (6), and (7) are
        met by each subsequent country from which the controlled
        substance is exported pursuant to this paragraph; and
            ``(ii) the conditions applicable with respect to the second
        country under paragraphs (1), (2), (3), (4), (6), and (7) are
        met by each subsequent country to which the controlled
        substance is exported pursuant to this paragraph.''; and
            (B) in paragraph (6)--
                (i) by striking ``(6)'' and inserting ``(6)(A)''; and
                (ii) by adding at the end the following:
        ``(B) In the case of re-exportation among members of the
    European Economic Area, within 30 days after each re-exportation,
    the person who exported the controlled substance from the United
    States delivers to the Attorney General--
            ``(i) documentation certifying that such re-exportation has
        occurred; and
            ``(ii) information concerning the consignee, country, and
        product.''; and
        (2) by adding at the end the following:
    ``(g) Limitation.--Subject to paragraphs (5) and (6) of subsection
(f) in the case of any controlled substance in schedule I or II or any
narcotic drug in schedule III or IV, the Attorney General shall not
promulgate nor enforce any regulation, subregulatory guidance, or
enforcement policy which impedes re-exportation of any controlled
substance among European Economic Area countries, including by
promulgating or enforcing any requirement that--
        ``(1) re-exportation from the first country to the second
    country or re-exportation from the second country to another
    country occur within a specified period of time; or
        ``(2) information concerning the consignee, country, and
    product be provided prior to exportation of the controlled
    substance from the United States or prior to each re-exportation
    among members of the European Economic Area.''.

                               Speaker of the House of Representatives.

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

Summary: This measure has not been amended since it was passed by the Senate on October 26, 2015. Improving Regulatory Transparency for New Medical Therapies Act This bill amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to delay the effective date of approval of a drug, biological product, or animal drug for which the Food and Drug Administration (FDA) recommends controls under the Controlled Substances Act until the Department of Justice (DOJ) issues a final interim rule for the drug. This delay also applies to conditional approval and indexing of animal drugs. This bill amends the Controlled Substances Act to require the DOJ to issue a final interim rule for a drug product recommended for controls by the FDA not later than 90 days after DOJ receives a recommendation for controls or the FDA approves the drug. The final interim rule is effective immediately. For purposes of submitting an application to extend a patent, a drug product recommended for controls is considered to be approved and have permission for commercial marketing and use on the date of FDA approval or the date an interim final rule is issued, whichever is later. Timelines are established for DOJ to either register an applicant to manufacture a controlled substance for a clinical trial or serve an order to show cause upon the applicant. This bill amends the Controlled Substances Import and Export Act to allow exported controlled substances to be re-exported within the European Economic Area.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Affinity Scams for
Seniors Act of 2010'' or the ``PASS Act of 2010''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Financial exploitation of the elderly is becoming an
        increasingly familiar problem. Regular review of news headlines
        reveals that elders and vulnerable adults are victimized
        routinely by frauds and scams at the hands of strangers as well
        as loved ones.
            (2) Older individuals may be targeted merely because they
        possess more assets, such as savings, annuities, and retirement
        accounts, stocks and bonds, insurance policies, and property
        than younger people. People over 50 years of age control at
        least 70 percent of the net worth of the nation's households.
            (3) Those elders with cognitive impairments, mental health
        conditions, or physical disabilities may be dependent upon
        others (family members, friends, formal and informal
        caregivers, or court-appointed representatives) for assistance
        in making financial decisions or carrying out daily
        transactions, and therefore may be even more vulnerable to
        theft, exploitation, or undue influence.
            (4) Affinity scams on seniors involve transactions in which
        a person trusted by the senior uses the relationship to defraud
        the senior. Millions of elderly are scammed each year, losing
        at least 2,600,000,000 a year to thieves, many of whom are in
        their own families (conservative estimate given of the schemes
        left unreported).
            (5) Elder financial abuse is commonly linked with other
        forms of abuse and neglect and threatens the health, dignity,
        and economic security of millions of older Americans. Elder
        financial abuse has received limited attention because it is
        not regarded as visible, life-threatening, or newsworthy as is
        the physical or sexual abuse of elders.
            (6) Financial exploitation can be devastating to the victim
        and is often traced to family members, trusted friends, or
        caregivers. Financial abuse often occurs with the implied
        acknowledgment and consent of the elder person and can be more
        difficult to detect.
            (7) Elder financial abuse affects elders and their families
        in significant and long-lasting ways by putting enormous
        emotional duress on the elders, increasing their risk of
        depression, decreasing their quality of life, and increasing
        unnecessary institutionalization.
            (8) The financial services industry is often the first to
        detect a change in the pattern of customers with whom they have
        regular contact. This puts institutions in a unique position to
        assist in protecting customers and upholding the inherent trust
        relationship with clients.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Affinity scam.--The term ``affinity scam'' means a
        transaction in which a person trusted by a senior, such as a
        caregiver, relative, guardian, ``new friend'', or service
        provider, claims to share similar interests or values with the
        senior, establishes a relationship with the senior (either on
        the person's own initiative or through some other method, such
        as a court-appointed guardianship), and then uses the
        relationship to defraud the senior.
            (2) Financial institution.--The term ``financial
        institution'' means--
                    (A) an insured bank (as defined in section 3(h) of
                the Federal Deposit Insurance Act (12 U.S.C. 1813(h));
                    (B) a credit union; and
                    (C) a thrift institution.
            (3) Senior.--The term ``senior'' means an individual who is
        at least 65 years of age.

SEC. 4. AFFINITY SCAM EDUCATION AND TRAINING.

    (a) Staff Education and Training.--Each financial institution
shall--
            (1) educate the staff of the financial institution about
        affinity scams and how to identify transactions that may be
        part of an affinity scam; and
            (2) train staff members on educating seniors about affinity
        scams.
    (b) Senior Customer Education.--Each financial institution shall
provide educational materials and other information to seniors who
maintain a deposit account with the financial institution about
affinity scams and how to identify transactions that may be part of an
affinity scam.
    (c) Education and Training Oversight.--The Bureau of Consumer
Financial Protection shall--
            (1) issue such regulations as are necessary to carry out
        this section; and
            (2) periodically audit financial institutions to ensure
        compliance with such regulations.

SEC. 5. SENIOR PROTECTION ACCOUNTS.

    (a) In General.--Each financial institution shall offers seniors a
type of checking account to be known as a ``senior protection
account''.
    (b) Senior Protection Account Requirements.--
            (1) In general.--With respect to a senior who maintains a
        senior protection account with a financial institution, if the
        financial institution receives a transaction request to debit
        such account and, before processing the transaction, the
        financial institution identifies the transaction as possibly
        being part of an affinity scam, the financial institution
        shall--
                    (A) not process the transaction; and
                    (B) initiate an investigation in order to determine
                if such transaction is part of an affinity scam or is
                legitimate.
            (2) Investigation.--With respect to a transaction that is
        the basis of an investigation described under paragraph (1)(B),
        a financial institution shall--
                    (A) notify the senior whose account the transaction
                would debit, if processed, that the financial
                institution--
                            (i) has identified the transaction as
                        possibly being part of an affinity scam; and
                            (ii) has not yet processed the transaction,
                        pending the result of an investigation;
                    (B) if the financial institution determines that
                the transaction is part of an affinity scam--
                            (i) notify the senior of such
                        determination;
                            (ii) refer such transaction to the
                        appropriate law enforcement agency; and
                            (iii) report such transaction to the Bureau
                        of Consumer Financial Protection; and
                    (C) if the financial institution does not determine
                that the transaction is part of an affinity scam--
                            (i) notify the senior of such
                        determination; and
                            (ii) process such transaction not later
                        than 7 business days from the date on which the
                        investigation was started, unless instructed
                        otherwise by the senior.
            (3) Designation of staff person.--Each financial
        institution shall designate a single staff person who shall be
        notified whenever a staff person identifies a transaction that
        is possibly part of an affinity scam.
            (4) Liability.--A financial institution that fails to
        process a transaction or that refers a transaction to law
        enforcement pursuant to the requirements of this subsection
        shall not be liable to any person under any law or regulation
        of the United States, any constitution, law, or regulation of
        any State or political subdivision of any State, or under any
        contract or other legally enforceable agreement (including any
        arbitration agreement), for such failure or referral.
    (c) Rulemaking.--The Secretary of the Treasury shall issue such
regulations as are necessary to carry out this section.
    (d) Tax Deduction.--
            (1) In general.--The Secretary of the Treasury shall by
        regulation establish a deduction to be allowed in computing the
        taxable income of financial institutions for purposes of the
        Internal Revenue Code of 1986.
            (2) Amount of deduction.--Such deduction with respect to
        any financial institution for a taxable year shall be an amount
        equal to 0.77 percent of the average of the amount of deposits
        held by such financial institution in senior protection
        accounts for each day during such taxable year.
    (e) Civil Liability.--Any financial institution that fails to
comply with any provision of this section with respect to a senior
shall be liable to such senior in an amount equal to the sum of the
following:
            (1) Actual damages.--The amount of any actual damage
        sustained by the senior as a result of such failure.
            (2) Attorneys' fees.--In the case of any successful action
        to enforce any liability under paragraph (1), the costs of the
        action, together with reasonable attorneys' fees.
    (f) Nondiscrimination.--A financial institution may not
discriminate against seniors in any fees or other charges required by
the financial institution in order to cover the cost to the financial
institution of implementing the requirements of this Act.

SEC. 6. ADDING AFFINITY SCAMS TARGETING SENIORS TO THE SUSPICIOUS
              TRANSACTION REPORTING REQUIREMENT.

    Section 5318(g)(1) of title 31, United States Code, is amended--
            (1) by striking ``The Secretary'' and inserting the
        following:
                    ``(A) Possible violation of law or regulation.--The
                Secretary''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Possible affinity scam targeting seniors.--
                            ``(i) In general.--The Secretary shall
                        require each financial institution, and each
                        director, officer, employee, or agent of such
                        financial institution, to report any suspicious
                        transaction relevant to a possible affinity
                        scam.
                            ``(ii) Definitions.--For purposes of this
                        subparagraph:
                                    ``(I) Affinity scam.--The term
                                `affinity scam' means a transaction in
                                which a person trusted by a senior,
                                such as a caregiver, relative,
                                guardian, `new friend', or service
                                provider, claims to share similar
                                interests or values with the senior,
                                establishes a relationship with the
                                senior (either on the person's own
                                initiative or through some other
                                method, such as a court-appointed
                                guardianship), and then uses the
                                relationship to defraud the senior.
                                    ``(II) Senior.--The term `senior'
                                means an individual who is at least 65
                                years of age.''.

SEC. 7. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect
after the end of the 6-month period beginning on the date of the
enactment of this Act.

Summary: Preventing Affinity Scams for Seniors Act of 2010 or PASS Act of 2010 - Defines affinity scam as a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, new friend, or service provider, claims to share similar interests or values and establishes a relationship with the senior, then uses the relationship to defraud the senior. Requires each financial institution to: (1) educate its staff about affinity scams and how to identify transactions that may be part of an affinity scam, (2) train staff members on educating seniors about affinity scams. (3) provide senior depositors with educational materials on how to identify affinity scams. And (4) offer seniors a senior protection (checking) account. Directs the Bureau of Consumer Financial Protection to: (1) issue implementing regulations. And (2) audit financial institutions periodically to ensure compliance with them. Sets forth senior protection account requirements, including protective measures to block and investigate transactions suspected of being an affinity scam. Instructs the Secretary of the Treasury to establish an income tax deduction of .77 of the average of the amount of deposits held by a financial institution in senior protection accounts. Subjects a noncompliant financial institution to a civil liability with respect to a senior who has sustained actual damage as a result of the institution's failure to comply with this Act. Directs the Secretary to require each financial institution, and each of its directors, officers, employees, or agents, to report any suspicious transaction relevant to a possible affinity scam.

To require financial institutions to offer services to protect seniors from affinity scams, to report suspected affinity scams, and for other purposes.