SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tenth Amendment Enforcement Act of
1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in most areas of governmental concern, State
        governments possess both the constitutional authority and the
        competence to discern the needs and the desires of the people
        and to govern accordingly;
            (2) Federal laws and agency regulations, which have
        interfered with State powers in areas of State jurisdiction,
        should be restricted to powers delegated to the Federal
        Government by the United States Constitution;
            (3) the framers of the United States Constitution intended
        to bestow upon the Federal Government only limited authority
        over the States and the people;
            (4) under the Tenth Amendment of the United States
        Constitution, the powers not delegated to the United States by
        the Constitution, nor prohibited by it to the States, are
        reserved to the States respectively, or to the people; and
            (5) the courts, which have in general construed the Tenth
        Amendment not to restrain the Federal Government's power to act
        in areas of State jurisdiction, should be directed to strictly
        construe Federal laws and regulations which interfere with
        State powers with a presumption in favor of State authority and
        against Federal preemption.

SEC. 3. CONGRESSIONAL DECLARATION.

    (a) In General.--On or after January 1, 1999, any statute enacted
by Congress shall include a declaration--
            (1) that authority to govern in the area addressed by the
        statute is delegated to Congress by the United States
        Constitution, including a citation to the specific
        constitutional authority relied upon;
            (2) that Congress specifically finds that Congress has a
        greater degree of competence than the States to govern in the
        area addressed by the statute; and
            (3) if the statute interferes with State powers or preempts
        any State or local government law, regulation or ordinance,
        that Congress specifically intends to interfere with State
        powers or preempt State or local government law, regulation, or
        ordinance, and that such preemption is necessary.
    (b) Findings.--Congress shall make specific factual findings in
support of the declarations described under this section.

SEC. 4. POINT OF ORDER.

    (a) In General.--It shall not be in order in either the Senate or
House of Representatives to consider any bill, joint resolution, or
amendment that does not include a declaration of congressional intent
as required under section 3.
    (b) Rulemaking.--This section is enacted--
            (1) as an exercise of the rulemaking power of the Senate
        and House of Representatives, and as such, it is deemed a part
        of the rules of the Senate and House of Representatives, but is
        applicable only with respect to the matters described in
        section 3 and subsection (a) of this section and supersedes
        other rules of the Senate or House of Representatives only to
        the extent that such sections are inconsistent with such rules;
        and
            (2) with full recognition of the constitutional right of
        the Senate or House of Representatives to change such rules at
        any time, in the same manner as in the case of any rule of the
        Senate or House of Representatives.

SEC. 5. EXECUTIVE PREEMPTION OF STATE LAW.

    (a) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 559 the following new section:
``Sec. 559a. Preemption of State law
    ``(a) No agency shall construe any statutory authorization to issue
rules as authorizing preemption of State law or local ordinance by
rulemaking or other agency action unless--
            ``(1) the statute expressly authorizes issuance of
        preemptive rules; and
            ``(2) the agency concludes that the exercise of State power
        directly conflicts with the exercise of Federal power under the
        Federal statute, such that the State statutes and the Federal
        rule promulgated under the Federal statute cannot be reconciled
        or consistently stand together.
    ``(b) Any regulatory preemption of State law shall--
            ``(1) be narrowly written to achieve the objectives of the
        statute under which the rules are promulgated; and
            ``(2) explicitly describe the scope of preemption.
    ``(c)(1) When an agency proposes to act through rulemaking or other
agency action to preempt State law, the agency shall provide all
affected States notice and an opportunity for comment by duly elected
or appointed State and local government officials or their designated
representatives in the proceedings.
    ``(2) The notice of proposed rulemaking shall be forwarded to the
Governor, the Attorney General and the presiding officer of each
chamber of the Legislature of each State setting forth the extent and
purpose of the preemption.
    ``(3) In the table of contents of each Federal Register, there
shall be a separate list of preemptive rules contained within that
Register.
    ``(d) Unless a final agency rule contains an explicit provision
declaring the Federal Government's intent to preempt State or local
government powers and an explicit description of the extent and purpose
of that preemption, the rule shall not be construed to preempt any
State or local government law, ordinance or regulation.
    ``(e)(1) Each agency shall publish in the Federal Register a plan
for periodic review of the rules issued by the agency that preempt, in
whole or in part, State or local government powers. Such plan may be
amended by the agency at any time by publishing a revision in the
Federal Register.
    ``(2) The purpose of the review under this subsection shall be to
determine whether and to what extent such rules are to continue without
change, consistent with the stated objectives of the applicable
statutes, or are to be altered or repealed to minimize the effect of
the rules on State or local government powers.''.
    (b) Nonbinding Regulations.--Any Federal rule or regulation
promulgated after January 1, 1999, that is promulgated in a manner
inconsistent with section 559a of title 5, United States Code (as added
by this section), shall not be binding on any State or local
government, and shall not preempt any State or local government law,
ordinance, or regulation.
    (c) Conforming Amendment.--The table of sections for chapter 5 of
title 5, United States Code, is amended by adding after the item
relating to section 559 the following:

``559a. Preemption of State law.''.

SEC. 6. RULES OF CONSTRUCTION.

    (a) In General.--No statute enacted after the date of enactment of
this Act (or rule promulgated under such statute), shall be construed
by courts or other adjudicative entities to preempt, in whole or in
part, any State or local government law, ordinance or regulation
unless--
            (1) the statute, or rule promulgated under such statute,
        contains an explicit declaration of intent to preempt; or
            (2) there is a direct conflict between such statute and a
        State or local government law, ordinance, or regulation, such
        that the two cannot be reconciled or consistently stand
        together.
    (b) Favorable Construction.--Notwithstanding any other provision of
law, any ambiguities in this Act, or in any other law of the United
States, shall be construed in favor of preserving the authority of the
States and the people.
    (c) Severability.--If any provision of this Act, or the application
thereof to any person or circumstance, is held invalid, the validity of
the remainder of the Act and the application of such provision to other
persons and circumstances shall not be affected thereby.

SEC. 7. APPROPRIATION BY STATE LEGISLATURES.

    Any funds received by a State under Federal law shall be subject to
appropriation by the State legislature, consistent with the terms and
conditions required under such applicable provisions of law.

SEC. 8. ANNUAL REPORT ON STATUTORY PREEMPTION.

    (a) Report.--Not later than 90 days after each Congress adjourns
sine die, the Congressional Research Service shall prepare and make
available to the public a report on the extent of Federal statutory
preemption of State and local government powers enacted into law during
the preceding Congress or adopted through judicial interpretation of
Federal statutes.
    (b) Contents.--The report shall contain--
            (1) a cumulative list of the Federal statutes preempting,
        in whole or in part, State and local government powers;
            (2) a summary of Federal legislation enacted during the
        previous Congress preempting, in whole or in part, State and
        local government powers;
            (3) an overview of recent court cases addressing Federal
        preemption issues; and
            (4) other information the Director of the Congressional
        Research Service determines appropriate.
    (c) Submittal.--Copies of the report shall be submitted to the
President and the chairman of the appropriate committees in the Senate
and House of Representatives.

Summary: Tenth Amendment Enforcement Act of 1998 - Requires any statute enacted by the Congress after 1998 to include declarations that: (1) the authority to govern in the area addressed is delegated to the Congress by the Constitution. (2) Congress has a greater degree of competence than the States to govern in that area. And (3) any preemption of State law is specifically intended by the Congress and is necessary. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations. Amends Federal law to prohibit any Federal agency from construing any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action, unless the statute expressly authorizes issuance of preemptive rules and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Requires all States to be provided with notice and an opportunity for comment when a Federal agency proposes preemptive rulemaking or other agency action. Requires the table of contents of each Federal Register to contain a list of preemptive rules contained within that Register. Provides that a final agency rule shall not be construed to preempt any State or local law unless it contains an explicit declaration of the intention to do so. Requires each Federal agency to publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt State or local government powers to determine whether such rules should be altered or repealed. Prohibits any adjudicative body to construe a statute enacted after enactment of this Act to preempt State or local law unless: (1) the statute contains an explicit declaration of intent to preempt. Or (2) there is a direct conflict with State or local law that cannot be reconciled. Requires any ambiguity to be construed in favor of preserving the authority of the States. Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature. Directs the Congressional Research Service, after each Congress adjourns, to prepare and make publicly available a report on the extent of Federal statutory preemption of State and local government powers enacted into law during that Congress or adopted through judicial interpretation of Federal statutes.

Tenth Amendment Enforcement Act of 1998


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Generic
Pharmaceutical Access and Choice for Consumers Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
           TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS

Sec. 101. Encouragement of the use of generic drugs under the Public
                            Health Service Act.
Sec. 102. Application to Federal employees health benefits program.
Sec. 103. Application to medicare program.
Sec. 104. Application to medicaid program.
Sec. 105. Application to Indian Health Service.
Sec. 106. Application to veterans programs.
Sec. 107. Application to recipients of uniformed services health care.
Sec. 108. Application to Federal prisoners.
    TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS

Sec. 201. Therapeutic equivalence of generic drugs.
         TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM

Sec. 301. Sense of the Senate regarding a preference for the use of
                            generic pharmaceuticals under the medicare
                            program.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Generic pharmaceuticals are approved by the Food and
        Drug Administration on the basis of testing and other
        information establishing that such pharmaceuticals are
        therapeutically equivalent to brand-name pharmaceuticals,
        ensuring consumers a safe, efficacious, and cost-effective
        alternative to brand-name pharmaceuticals.
            (2) The pharmaceutical market has become increasingly
        competitive during the last decade because of the increasing
        availability and accessibility of generic pharmaceuticals.
            (3) The Congressional Budget Office estimates that--
                    (A) the substitution of generic pharmaceuticals for
                brand-name pharmaceuticals will save purchasers of
                pharmaceuticals between $8,000,000,000 and
                $10,000,000,000 each year; and
                    (B) quality generic pharmaceuticals cost between 25
                percent and 60 percent less than brand-name
                pharmaceuticals, resulting in an estimated average
                savings of $15 to $30 on each prescription filled.
            (4) Generic pharmaceuticals are widely accepted by both
        consumers and the medical profession, as the market share held
        by generic pharmaceuticals compared to brand-name
        pharmaceuticals has more than doubled during the last decade,
        from approximately 19 percent to 43 percent, according to the
        Congressional Budget Office.
    (b) Purposes.--The purposes of this Act are--
            (1) to reduce the cost of prescription drugs to the United
        States Government and to beneficiaries under Federal health
        care programs while maintaining the quality of health care by
        encouraging the use of generic drugs rather than nongeneric
        drugs under those programs whenever feasible; and
            (2) to increase the utilization of generic pharmaceuticals
        by requiring the Food and Drug Administration, where
        appropriate, to determine that a generic pharmaceutical is the
        therapeutic equivalent of its brand-name counterpart, and by
        affording national uniformity to that determination.

           TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS

SEC. 101. ENCOURAGEMENT OF THE USE OF GENERIC DRUGS UNDER THE PUBLIC
              HEALTH SERVICE ACT.

    (a) In General.--Part B of title II of the Public Health Service
Act (42 U.S.C. 238 et seq.) is amended by adding at the end the
following new section:

``SEC. 247. USE OF GENERIC DRUGS ENCOURAGED.

    ``(a) Each grant or contract entered into under this Act that
involves the provision of health care items or services to individuals
shall include provisions to ensure that, to the extent feasible, any
prescriptions provided for under such grant or contract are filled by
providing the generic form of the drug involved, unless the nongeneric
form of the drug is--
            ``(1) specifically ordered by the prescribing provider; or
            ``(2) requested by the individual for whom the drug is
        prescribed.
    ``(b) In this section:
            ``(1) The term `generic form of the drug' means a drug that
        is the subject of an application approved under section 505(j)
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)),
        for which the Secretary has made a determination that the drug
        is the therapeutic equivalent of a listed drug under section
        505(j)(5)(E) of that Act (21 U.S.C. 355(j)(5)(E)).
            ``(2) The term `nongeneric form of the drug' means a drug
        that is the subject of an application approved under section
        505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
        355(b)).''.
    (b) Effective Date.--The amendment made by this section shall apply
with respect to any drug furnished on or after the date of enactment of
this Act.

SEC. 102. APPLICATION TO FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.

    (a) In General.--Section 8902 of title 5, United States Code, is
amended by adding at the end the following new subsection:
    ``(p) To the extent feasible, if a contract under this chapter
provides for the provision of, the payment for, or the reimbursement of
the cost of any prescription drug, the carrier shall provide, pay, or
reimburse the cost of the generic form of the drug (as defined in
section 247(b)(1) of the Public Health Service Act), except, if the
nongeneric form of the drug (as defined in section 247(b)(2) of such
Act) is--
            ``(1) specifically ordered by the prescribing provider; or
            ``(2) requested by the individual for whom the drug is
        prescribed.''.
    (b) Effective Date.--The amendment made by this section shall apply
to any drug furnished during contract years beginning on or after
January 1, 2001.

SEC. 103. APPLICATION TO MEDICARE PROGRAM.

    (a) In General.--Section 1861(t) of the Social Security Act (42
U.S.C. 1395x(t)) is amended by adding at the end the following new
paragraph:
    ``(3) For purposes of paragraph (1), the term `drugs' means, to the
extent feasible, the generic form of the drug (as defined in section
247(b)(1) of the Public Health Service Act), unless the nongeneric form
of such drug (as defined in section 247(b)(2) of such Act) is--
            ``(A) specifically ordered by the health care provider; or
            ``(B) requested by the individual to whom the drug is
        provided.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendment made by this section shall apply with respect to any
        drug furnished on or after the date of enactment of this Act.
            (2) Medicare+choice plans.--In the case of a
        Medicare+Choice plan offered by a Medicare+Choice organization
        under part C of title XVIII of the Social Security Act (42
        U.S.C. 1395w-21 et seq.), the amendment made by this section
        shall apply to any drug furnished during contract years
        beginning on or after January 1, 2001.

SEC. 104. APPLICATION TO MEDICAID PROGRAM.

    (a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
            (1) in paragraph (64), by striking ``and'' at the end;
            (2) in paragraph (65), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding the following new paragraph:
            ``(66) provide that the State shall, in conjunction with
        the program established under section 1927(g), to the extent
        feasible, provide for the use of a generic form of a drug (as
        defined in section 247(b)(1) of the Public Health Service Act),
        unless the nongeneric form of the drug (as defined in section
        247(b)(2) of such Act is--
                    ``(A) specifically ordered by the provider; or
                    ``(B) requested by the individual to whom the drug
                is provided.''.
    (b) Effective Date.--The amendment made by this section shall apply
with respect to any drug furnished under State plans that are approved
or renewed on or after the date of enactment of this Act.

SEC. 105. APPLICATION TO INDIAN HEALTH SERVICE.

    (a) In General.--Title II of the Indian Health Care Improvement Act
(25 U.S.C. 1621 et seq.) is amended by adding at the end the following
new subsection:

``SEC. 225. USE OF GENERIC DRUGS ENCOURAGED.

    ``In providing health care items or services under this Act, the
Indian Health Service shall ensure that, to the extent feasible, any
prescriptions that are provided for under this Act are filled by
providing the generic form of the drug (as defined in section 247(b)(1)
of the Public Health Service Act) involved, unless the nongeneric form
of the drug (as defined in section 247(b)(2) of such Act) is--
            ``(1) specifically ordered by the prescribing provider; or
            ``(2) requested by the individual for whom the drug is
        prescribed.''.
    (b) Effective Date.--The amendment made by this section shall apply
with respect to any drug furnished on or after the date of enactment of
this Act.

SEC. 106. APPLICATION TO VETERANS PROGRAMS.

    (a) Use of Generic Drugs Encouraged.--Subchapter III of chapter 17
of title 38, United States Code, is amended by inserting after section
1722A the following new section:
``Sec. 1722B. Use of generic drugs encouraged
    ``When furnishing a prescription drug under this chapter, the
Secretary shall furnish a generic form of the drug (as defined in
section 247(b)(1) of the Public Health Service Act), unless the
nongeneric form of the drug (as defined in section 247(b)(2) of such
Act) is--
            ``(1) specifically ordered by the prescribing provider; or
            ``(2) requested by the individual for whom the drug is
        prescribed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1722A the following new item:

``1722B. Use of generic drugs encouraged.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to any drug furnished on or after the date of
enactment of this Act.

SEC. 107. APPLICATION TO RECIPIENTS OF UNIFORMED SERVICES HEALTH CARE.

    (a) Use of Generic Drugs Encouraged.--Chapter 55 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1110. Use of generic drugs encouraged
    ``The Secretary of Defense shall ensure that, whenever feasible,
each health care provider who furnishes a drug furnishes the generic
form of the drug (as defined in section 247(b)(1) of the Public Health
Service Act), unless the nongeneric form of the drug (as defined in
section 247(b)(2) of such Act) is--
            ``(1) specifically ordered by the prescribing provider; or
            ``(2) requested by the individual for whom the drug is
        prescribed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1109 the following new item:

``1110. Use of generic drugs encouraged.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to any drug furnished on or after the date of
enactment of this Act.

SEC. 108. APPLICATION TO FEDERAL PRISONERS.

    (a) In General.--Section 4006(b) of title 18, United States Code,
is amended by adding at the end the following new paragraph:
            ``(3) Use of generic drugs encouraged.--The Attorney
        General shall ensure that, whenever feasible, each health care
        provider who furnishes a drug to a prisoner charged with or
        convicted of an offense against the United States furnishes the
        generic form of the drug (as defined in section 247(b)(1) of
        the Public Health Service Act), unless the nongeneric form of
        the drug (as defined in section 247(b)(2) of such Act) is--
                    ``(A) specifically ordered by the prescribing
                provider; or
                    ``(B) requested by the prisoner for whom the drug
                is prescribed.''.
    (b) Effective Date.--The amendment made by this section shall apply
with respect to any drug furnished on or after the date of enactment of
this Act.

    TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS

SEC. 201. THERAPEUTIC EQUIVALENCE OF GENERIC DRUGS.

    (a) In General.--Section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)) is amended--
            (1) in paragraph (5), by adding at the end the following
        new subparagraph:
    ``(E)(i) For each abbreviated application filed under paragraph
(1), the Secretary shall determine whether the new drug for which the
application is filed is the therapeutic equivalent of the listed drug
referred to in paragraph (2)(A)(i) prior to the approval of the
application.
    ``(ii) For purposes of clause (i), a new drug is the therapeutic
equivalent of a listed drug if--
            ``(I) each active ingredient of the new drug and the listed
        drug is the same;
            ``(II) the new drug and the listed drug (aa) are of the
        same dosage form; (bb) have the same route of administration;
        (cc) are identical in strength or concentration; (dd) meet the
        same compendial or other applicable standards, except that the
        drugs may differ in shape, scoring, configuration, packaging,
        excipient, expiration time, or, subject to paragraph (2)(A)(v),
        labeling; and (ee) are expected to have the same clinical
        effect and safety profile when administered to patients under
        conditions specified in the labeling; and
            ``(III) the new drug does not (aa) present a known or
        potential bioequivalence problem and meets an acceptable in
        vitro standard; or (bb) if the new drug presents a known or
        potential bioequivalence problem, the drug is shown to meet an
        appropriate bioequivalence standard.
    ``(iii) With respect to a new drug for which an abbreviated
application is filed under paragraph (1), the provisions of this
subparagraph shall supersede any provisions of the law of any State
relating to the determination of the therapeutic equivalence of the
drug to a listed drug.''; and
            (2) in paragraph (7)(A), by adding at the end the
        following:
            ``(iv) The Secretary shall include in each revision of the
        list under clause (ii) on or after the date of enactment of
        this clause the official and proprietary name of each listed
        drug that is therapeutically equivalent to a new drug approved
        under this subsection during the preceding 30-day period, as
        determined under paragraph (5)(E).''.
    (b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.

         TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM

SEC. 301. SENSE OF THE SENATE REGARDING A PREFERENCE FOR THE USE OF
              GENERIC PHARMACEUTICALS UNDER THE MEDICARE PROGRAM.

    It is the sense of the Senate that legislative language requiring,
to the extent feasible, a preference for the safe and cost-effective
use of generic pharmaceuticals should be considered in conjunction with
any legislation that adds a comprehensive prescription drug benefit to
the medicare program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).

Summary: Makes similar changes under the Federal Employee Health Benefits program, Medicare program, Medicaid program, and programs affecting Indians, veterans, the uniformed services, and prisoners. Title II: Therapeutic Equivalence Requirements for Generic Drugs - Amends the Federal Food, Drug, and Cosmetic Act to require that for each abbreviated drug application file there shall be a determination as to whether the new drug for which the application is filed is the therapeutic equivalent of a listed drug prior to the approval of the application. Title III: Generic Pharmaceuticals and Medicare Reform - Expresses the sense of the Senate that legislative language requiring, to the extent feasible, a preference for the safe and cost-effective use of generic pharmaceuticals should be considered in conjunction with any legislation that adds a comprehensive prescription drug benefit to the Medicare program.


SECTION 1. FINDINGS.

     The Congress finds that--
            (1) the Russian Federation has adopted constitutional
        protections and statutory and administrative procedures that
        accord its citizens the right and opportunity to emigrate, free
        of anything more than a nominal tax on emigration or on the
        visas or other documents required for emigration and free of
        any tax, levy, fine, fee, or other charge on any citizens as a
        consequence of the desire of such citizens to emigrate to the
        country of their choice or to return to the Russian Federation;
            (2) the Russian Federation has been found to be in full
        compliance with the freedom of emigration requirements under
        title IV of the Trade Act of 1974 since 1994;
            (3) the Russian Federation has taken important steps toward
        the creation of democratic institutions and a free-market
        economy and, as a participating state of the Organization for
        Security and Cooperation in Europe (in this Act referred to as
        the ``OSCE''), is committed to developing a system of
        governance in accordance with the principles regarding human
        rights and humanitarian affairs that are set forth in the Final
        Act of the Conference on Security and Cooperation in Europe
        (also known as the ``Helsinki Final Act'') and successive
        documents;
            (4) the Russian Federation is committed to addressing
        issues relating to its national and religious minorities as a
        participating state of the OSCE, to adopting measures to ensure
        that persons belonging to national minorities have full
        equality both individually and communally, and to respecting
        the independence of minority religious communities, although
        problems still exist regarding the registration of religious
        groups, visa, and immigration requirements, and other laws,
        regulations, and practices that interfere with the activities
        or internal affairs of minority religious communities;
            (5) the Russian Federation has enacted legislation
        providing protection against discrimination or incitement to
        violence against persons or groups based on national, racial,
        ethnic, or religious discrimination, including anti-Semitism;
            (6) the Russian Federation has committed itself, including
        through exchanges of letters, to ensuring freedom of religion,
        equal treatment of all religious groups, and combating racial,
        ethnic, and religious intolerance and hatred, including anti-
        Semitism;
            (7) the Russian Federation has engaged in efforts to combat
        ethnic and religious intolerance by cooperating with various
        United States nongovernmental organizations;
            (8) the Russian Federation is continuing the restitution of
        religious properties, including religious and communal
        properties confiscated from national and religious minorities
        during the Soviet era, facilitating the reemergence of these
        minority groups in the national life of the Russian Federation,
        and has committed itself, including through exchanges of
        letters, to continue the restitution of such properties;
            (9) the Russian Federation has received normal trade
        relations treatment since concluding a bilateral trade
        agreement with the United States that entered into force on
        June 17, 1992;
            (10) the Russian Federation is making progress toward
        accession to the World Trade Organization, recognizing that
        many central issues remain to be resolved, including removal of
        unjustified restrictions on agricultural products of the United
        States, commitments relating to tariff reductions for goods,
        trade in services, protection of intellectual property rights,
        reform of the industrial energy sector, elimination of export
        incentives for industrial goods, reform of customs procedures
        and technical, sanitary, and phytosanitary measures, and
        inclusion of trade remedy provisions;
            (11) the Russian Federation has enacted some protections
        reflecting internationally recognized labor rights, but serious
        gaps remain both in the country's legal regime and its
        enforcement record;
            (12) the Russian Federation has provided constitutional
        guarantees of freedom of the press, although infringements of
        this freedom continue to occur; and
            (13) the Russian Federation has demonstrated a strong
        desire to build a friendly and cooperative relationship with
        the United States.

SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974
              TO THE RUSSIAN FEDERATION.

    (a) Presidential Determinations and Extensions of Nondiscriminatory
Treatment.--Notwithstanding any provision of title IV of the Trade Act
of 1974 (19 U.S.C. 2431 et seq.), the President may--
            (1) determine that such title should no longer apply to the
        Russian Federation; and
            (2) after making a determination under paragraph (1) with
        respect to the Russian Federation, proclaim the extension of
        nondiscriminatory treatment (normal trade relations treatment)
        to the products of that country.
    (b) Termination of Application of Title IV.--On and after the
effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of the Russian Federation,
chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to
that country.

SEC. 3. POLICY OF THE UNITED STATES.

    It is the policy of the United States to remain fully committed to
a multifaceted engagement with the Russian Federation, including by--
            (1) urging the Russian Federation to ensure that its
        national, regional, and local laws, regulations, practices, and
        policies fully, and in conformity with the standards of the
        OSCE--
                    (A) provide for the free emigration of its
                citizens;
                    (B) safeguard religious liberty throughout the
                Russian Federation, including by ensuring that the
                registration of religious groups, visa and immigration
                requirements, and other laws, regulations, and
                practices are not used to interfere with the activities
                or internal affairs of minority religious communities;
                    (C) enforce and enhance existing Russian laws at
                the national and local levels to combat ethnic,
                religious, and racial discrimination and related
                violence;
                    (D) expand the restitution of religious and
                communal properties, including by establishing a legal
                framework for the timely completion of such
                restitution; and
                    (E) respect fully freedom of the press;
            (2) working with the Russian Federation, including through
        the Secretary of Labor and other appropriate executive branch
        officials, to address the issues described in section 1(11);
        and
            (3) continuing rigorous monitoring by the United States of
        human rights issues in the Russian Federation, including the
        issues described in paragraphs (1) and (2), providing
        assistance to nongovernmental organizations and human rights
        groups involved in human rights activities in the Russian
        Federation, and promoting annual discussions and ongoing dialog
        with the Russian Federation regarding those issues, including
        the participation of United States and Russian nongovernmental
        organizations in such discussions.

SEC. 4. REPORTING REQUIREMENT.

     The reports required by sections 102(b) and 203 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and
6433) shall include an assessment of the status of the issues described
in subparagraphs (A) through (D) of section 3(1).

SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 17, 1992,
              BILATERAL TRADE AGREEMENT.

    (a) Finding.--The Congress finds that the trade agreement between
the United States and the Russian Federation that entered into force on
June 17, 1992, remains in force between the 2 countries and provides
the United States with important rights, including the right to use
specific safeguard rules to respond to import surges from the Russian
Federation.
    (b) Applicability of Safeguard.--Section 421 of the Trade Act of
1974 (19 U.S.C. 2451) shall apply to the Russian Federation to the same
extent as such section applies to the People's Republic of China.

SEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION
              NEGOTIATIONS.

    (a) Notice of Agreement on Accession to WTO by Russian
Federation.--Not later than 5 days after the date on which the United
States has entered into a bilateral agreement with the Russian
Federation on the terms of accession by the Russian Federation to the
World Trade Organization, the President shall so notify the Congress,
and the President shall transmit to the Congress, not later than 15
days after that agreement is entered into, a report that sets forth the
provisions of that agreement.
    (b) Resolution of Disapproval.--
            (1) Introduction.--If a resolution of disapproval is
        introduced in the House of Representatives or the Senate during
        the 30-day period (not counting any day which is excluded under
        section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)),
        beginning on the date on which the President first notifies the
        Congress under subsection (a) of the agreement referred to in
        that subsection, that resolution of disapproval shall be
        considered in accordance with this subsection.
            (2) Resolution of disapproval.--In this subsection, the
        term ``resolution of disapproval'' means only a joint
        resolution of the two Houses of the Congress, the matter after
        the resolving clause of which is as follows: ``That the
        Congress does not approve the agreement between the United
        States and the Russian Federation on the terms of accession by
        the Russian Federation to the World Trade Organization, of
        which Congress was notified on ____.'', with the blank space
        being filled with the appropriate date.
            (3) Procedures for considering resolutions.--
                    (A) Introduction and referral.--Resolutions of
                disapproval--
                            (i) in the House of Representatives--
                                    (I) may be introduced by any Member
                                of the House;
                                    (II) shall be referred to the
                                Committee on Ways and Means and, in
                                addition, to the Committee on Rules;
                                and
                                    (III) may not be amended by either
                                Committee; and
                            (ii) in the Senate--
                                    (I) may be introduced by any Member
                                of the Senate;
                                    (II) shall be referred to the
                                Committee on Finance; and
                                    (III) may not be amended.
                    (B) Committee discharge and floor consideration.--
                The provisions of subsections (c) through (f) of
                section 152 of the Trade Act of 1974 (19 U.S.C. 2192(c)
                through (f)) (relating to committee discharge and floor
                consideration of certain resolutions in the House and
                Senate) apply to a resolution of disapproval to the
                same extent as such subsections apply to resolutions
                under such section.
    (c) Rules of House of Representatives and Senate.--Subsection (b)
is enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of
        Representatives and the Senate, respectively, and as such are
        deemed a part of the rules of each House, respectively, and
        such procedures supersede other rules only to the extent that
        they are inconsistent with such other rules; and
            (2) with the full recognition of the constitutional right
        of either House to change the rules (so far as relating to the
        procedures of that House) at any time, in the same manner, and
        to the same extent as any other rule of that House.

Summary: Authorizes the President to extend nondiscriminatory treatment to the products of the Russian Federation. Declares that it is the policy of the United States to remain fully committed to a multifaceted engagement with the Russian Federation, including by urging the Russian Federation to ensure that its laws and policies in conformity with Organization for Security and Cooperation in Europe (OSCE) standards provide for the free emigration of its citizens and recognize human rights. Declares that the trade agreement between the United States and the Russian Federation that entered into force on June 17, 1992, remains in force and provides the United States with important rights, including the right to use specific safeguard rules to respond to import surges from the Russian Federation. Requires the President to notify Congress not later than five days after the United States has entered into a bilateral agreement with the Russian Federation on the terms of its accession to the World Trade Organization (WTO). Provides for congressional approval of such agreement.

To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of the Russian Federation, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Public Safety Officers
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) State and local prosecutors are the best equipped
        prosecutors to prosecute crimes against local and State peace
        officers.
            (2) Cases involving the murder of local and State peace
        officers and subsequent flight to avoid prosecution in the
        United States implicate Federal interests, and by providing
        Federal jurisdiction in such cases the Federal Government will
        be able to provide additional investigatory and prosecutorial
        resources.
            (3) The United States should use all reasonable tools
        available to encourage foreign countries to change their
        extradition policies so that the possibility of capital
        punishment or life imprisonment will not interfere with the
        timely extradition of fugitives of the United States.

SEC. 3. PROTECTION OF FEDERALLY FUNDED PUBLIC SAFETY OFFICERS.

    (a) Offense.--Chapter 51 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1123. Killing of federally funded or Federal law enforcement
              officers
    ``(a) Offense.--Whoever kills, or attempts or conspires to kill, a
federally protected safety officer while that officer is engaged in
official duties, or on account of the performance of official duties,
or kills a former federally protected safety officer on account of the
past performance of official duties as such, shall be punished--
            ``(1) in the case of murder, as provided under section 1111
        but not less than 30 years;
            ``(2) in the case of attempted murder, as provided in
        section 1113 but not less than 15 years; or
            ``(3) in the case of manslaughter, as provided under
        section 1112.
    ``(c) Definitions.--As used in this section --
            ``(1) the term `federally protected safety officer' means a
        public safety officer for a public agency (including a court
        system, the National Guard or a State to the extent the
        personnel of that National Guard are not in Federal service,
        and the defense forces of a State authorized by section 109 of
        title 32) if --
                    ``(A) if the public agency receives, in any one
                year period, funding, equipment, or benefits in excess
                of $10,000 under a Federal program involving a grant,
                contract, subsidy, loan, guarantee, insurance, or other
                form of Federal assistance, and the public agency is of
                an entity that is a State of the United States, the
                District of Columbia, the Virgin Islands of the United
                States, Guam, American Samoa, the Trust Territory of
                the Pacific Islands, the Commonwealth of the Northern
                Mariana Islands, or any territory or possession of the
                United States, and Indian tribe, or a unit of local
                government of that entity; or
                    ``(B) the officer was at the time of the offense,
                engaged in carrying out a program authorized by Federal
                law or regulation that is executed in whole or in part
                by non-Federal public safety officers;
            ``(2) the term `public safety officer' means an individual
        serving a public agency in an official capacity, as a judicial
        officer, as a law enforcement officer, as a firefighter, as a
        chaplain, or as a member of a rescue squad or ambulance crew;
            ``(3) the term `judicial officer' means a judge or other
        officer or employee of a court, including prosecutors, court
        security, pretrial services officers, court reporters, and
        corrections, probation, and parole officers;
            ``(4) the term `firefighter' includes an individual serving
        as an official recognized or designated member of a legally
        organized volunteer fire department and an officially
        recognized or designated public employee member of a rescue
        squad or ambulance crew; and
            ``(5) the term `law enforcement officer' means an
        individual, with arrest powers, involved in crime and juvenile
        delinquency control or reduction, or enforcement of the
        laws.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 of title 18, United States Code, is amended by adding at the
end the following new item:

``1123. Killing of federally funded or Federal program public safety
                            officers.''.

SEC. 4. FLIGHT TO AVOID PROSECUTION FOR KILLING FEDERALLY FUNDED PUBLIC
              SAFETY OFFICERS.

    (a) Flight.--Chapter 49 of title 18, United States Code, is amended
by adding at the end the following:
``Sec. 1075. Flight to avoid prosecution for killing federally funded
              public safety officers
    ``Whoever moves or travels in interstate or foreign commerce with
intent to avoid prosecution, or custody or confinement after
conviction, under the laws of the place from which he flees or under
section 1114 or 1123, for a crime consisting of the killing, an
attempted killing, or a conspiracy to kill, an individual involved in
crime and juvenile delinquency control or reduction, or enforcement of
the laws or for a crime punishable by section 1114 or 1123, shall be
fined under this title and imprisoned, in addition to any other
imprisonment for the underlying offense, for any term of years not less
than 10.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 49 of title 18, United States Code, is amended by adding at the
end the following new item:

``1075. Flight to avoid prosecution for killing peace officers.''.

Summary: Justice for Public Safety Officers Act - Amends the federal criminal code to prohibit and impose enhanced criminal penalties for: (1) killing a federally protected safety officer while such officer is engaged in official duties or on the account of the performance of such duties. And (2) interstate or foreign flight to avoid prosecution, custody, or confinement for killing a federally protected safety officer. Defines federally protected safety officer as a public safety officer for a public agency that receives annual federal assistance of more than $10,000. Includes within the definition of federally protected safety officer judicial officers, law enforcement officers, firefighters, chaplains, and members of a rescue squad or ambulance crew.

To amend title 18, United States Code, to protect federally funded public safety officers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Graduation Really Achieves Dreams
Act'' or the ``GRAD Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The national secondary school graduation rate is only
        70 percent. For the class of 2001, the national graduation rate
        was only 51 percent for African-American students and 52
        percent for Latino students.
            (2) In our Nation's high poverty urban districts, as few as
        \1/3\ of students graduate from secondary school. In these
        places, completion rates among certain disadvantaged groups of
        students are often lower still.
            (3) In rural areas, where \1/3\ of American students attend
        school, only 58.8 percent of students attend institutions of
        higher education, compared with 68.2 percent of American
        students from urban and suburban areas.
            (4) Each school day, approximately 3,000 secondary school
        students drop out of school.
            (5) Alaska Natives have a substantially higher dropout rate
        than all other students in Alaska as a group. The dropout rate
        is 8.8 percent for Alaska Natives compared to 4.7 percent for
        the 2001-2002 school year for other students in Alaska.
            (6) The 6,000,000 secondary students who make up the lowest
        25 percent in terms of achievement scores are 3.5 times more
        likely to drop out of secondary school than students in the
        next highest quarter of academic achievement, and are 20 times
        more likely to drop out than high achieving students.
            (7) Approximately 25 percent of secondary school students
        are reading at below basic levels. The problem is even more
        severe for poor students of color. The average minority or low-
        income 9th grader performs at only the 5th or 6th grade level
        in reading.
            (8) During the 2002-2003 school year Alaska Benchmark
        Examinations, significantly lower percentages of Alaska Natives
        were proficient in reading, writing, and mathematics at each of
        the 3 tested grade levels when compared to all other students.
        These achievement gaps persist into secondary school, where
        significantly lower percentages of Alaska Natives were
        proficient in the subjects tested on the Alaska High School
        Graduation Qualifying Examination in all grade levels where
        that test was administered in 2002-2003 school year.
            (9) Achievement gaps persist across racial and
        socioeconomic lines in rural schools. There are 2,500,000 poor
        children in rural areas and the child poverty rate in some
        rural areas is 2 to 3 times the national average.
            (10) Recruiting and retaining good teachers is an enormous
        challenge in rural areas. The average salary in rural districts
        is 13.4 percent lower than in nonrural areas, and teachers
        often teach more than 1 subject, teach in poor working
        conditions, live far from colleges, have little access to
        training, and face geographic and social isolation.
            (11) Low graduation rates and college attendance rates are
        evidence that, in the earlier grades, schools are not meeting
        the fundamental achievement needs of low-income, minority, and
        rural students.
            (12) Even those students who do graduate from secondary
        schools and go on to college are struggling because they lack
        the basic skills to succeed. Approximately 40 percent of all 4-
        year college students take a remedial course and 63 percent of
        all community college students are assigned to at least 1
        remedial course.
            (13) A small percentage of low-income students who manage
        to enter college are able to complete a degree. Of students
        from families in the bottom 20 percent in terms of income who
        enter college, only 27 percent go on to complete a 2- or 4-year
        college degree within 8 years.
            (14) Graduation rates impact early drop-out rates in the
        military. The attrition rates in the military of both
        individuals who are not secondary school graduates and GED
        recipients are 8 percentage points higher than the attrition
        rate of secondary school graduates. As a result, the Armed
        Forces no longer accept secondary school dropouts and put less
        value on alternative certificates.
            (15) Students who fail to graduate from secondary school
        are more likely to engage in criminal activity than students
        who graduate. A 1-percent increase in secondary school
        graduation rates would save approximately $1,400,000,000 in
        costs associated with incarceration, or about $2,100 for each
        male secondary school graduate.
            (16) In today's workplace, nearly 8 in 10 adults with
        baccalaureate degrees are employed, but for those who completed
        secondary school only, the number falls to about 6 in 10. And
        for students who dropped out of secondary school, the number
        drops further to 4 in 10.
            (17) Employment projections indicate that jobs requiring
        only a secondary school degree will grow by just 9 percent by
        the year 2008, while those jobs requiring a bachelor's degree
        will grow by 25 percent and those jobs requiring an associate's
        degree will grow by 31 percent.
            (18) Personalization of the school environment has been
        proven to increase success rates for low-performing secondary
        school students. Nearly 50 percent of middle school youth and
        40 percent of secondary school youth report feelings of
        disengagement from school. Rates are even higher for teens and
        minorities in urban schools. These feelings result in failure
        to work hard, to seek assistance, or to take appropriate
        courses.
            (19) Effective research-based education programs that
        improve secondary school graduation rates are comprehensive in
        nature and include interventions that begin in kindergarten or
        earlier and span all the grades through grade 12.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) At-risk.--The term ``at-risk'' has the same meaning
        given such term in section 1432 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 6472).
            (2) Feeder pattern.--The term ``feeder pattern'' means a
        secondary school and the elementary schools and middle schools
        that channel students into that secondary school.
            (3) Elementary school; secondary school.--The terms
        ``elementary school'' and ``secondary school'' have the
        meanings given such terms in section 9101 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Education.

SEC. 4. PROJECT GRAD.

    (a) Purposes.--The purposes of this Act are--
            (1) to provide support and assistance to programs
        implementing integrated education reform services in order to
        improve secondary school graduation, college attendance, and
        college completion rates for at-risk students; and
            (2) to promote the establishment of new programs to
        implement such integrated education reform services.
    (b) Grant Authorized.--The Secretary is authorized to award a grant
to Project GRAD USA (referred to in this Act as the ``grantee''), a
nonprofit educational organization that has as its primary purpose the
improvement of secondary school graduation, college attendance, and
college completion rates for at-risk students, to implement and sustain
the integrated education reform services described in subsection (d)(3)
at existing Project GRAD program sites and to promote the expansion of
Project GRAD programs to new sites.
    (c) Requirements of Grant Agreement.--The Secretary shall enter
into an agreement with the grantee that requires that the grantee
shall--
            (1) enter into subcontracts with nonprofit educational
        organizations that serve a substantial number or percentage of
        at-risk students (referred to in this Act as
        ``subcontractors''), under which the subcontractors agree to
        implement the programs described in subsection (d) and provide
        matching funds for such programs;
            (2) directly carry out--
                    (A) activities to implement and sustain the
                reading, mathematics, classroom management, social
                service, and college access programs described in
                subsection (d)(3);
                    (B) activities to build the organizational and
                management capacity of the subcontractors to
                effectively implement and sustain the programs;
                    (C) activities for the purpose of improving and
                expanding the programs, including activities to further
                articulate a program for 1 or more grade levels and
                across grade levels, to tailor a program for a
                particular target audience, and to provide tighter
                integration across programs;
                    (D) activities for the purpose of implementing new
                Project GRAD program sites;
                    (E) activities for the purpose of promoting greater
                public awareness of integrated education reform
                services to improve secondary school graduation,
                college attendance, and college completion rates for
                at-risk students; and
                    (F) other activities directly related to improving
                secondary school graduation, college attendance, and
                college completion rates for at-risk students; and
            (3) use grant funds available under this Act to pay--
                    (A) to subcontractors the amount determined under
                subsection (f); and
                    (B) the costs associated with carrying out the
                activities described in paragraph (2).
    (d) Supported Programs.--
            (1) Designation.--The subcontractor programs referred to in
        subsection (c)(1) shall be known as ``Project GRAD programs''.
            (2) Feeder patterns.--Each subcontractor shall implement a
        Project GRAD program and shall, with the agreement of the
        grantee--
                    (A) identify or establish not less than 1 feeder
                pattern of public schools; and
                    (B) provide the integrated educational reform
                services described in paragraph (3) at the identified
                feeder pattern or feeder patterns.
            (3) Integrated education reform services.--The services
        provided through a Project GRAD program shall include--
                    (A) research-based programs in reading,
                mathematics, and classroom management;
                    (B) campus-based social services programs,
                including a systematic approach to increase family and
                community involvement in the schools served by the
                Project GRAD program;
                    (C) a college access program that includes--
                            (i) providing college scholarships for
                        students who meet established criteria;
                            (ii) proven approaches for increasing
                        student and family college awareness; and
                            (iii) assistance for such students in
                        applying for higher education financial aid;
                        and
                    (D) such other services identified by the grantee
                as necessary to increase secondary school graduation,
                college attendance, and college completion rates.
    (e) Grantee Use of Funds.--Of the funds made available under this
Act, not more than 8 percent, or $4,000,000, whichever is less, shall
be used by the grantee to pay for administration of the grant, with the
remainder of funds to be used for the purposes described in subsection
(c) (1) and (2).
    (f) Grantee Contribution and Matching Requirement.--
            (1) In general.--The grantee shall provide to each
        subcontractor an average of $200 for each pupil served by the
        subcontractor in the Project GRAD program, adjusted to take
        into consideration--
                    (A) the resources available in the area where the
                subcontractor will implement the Project GRAD program;
                and
                    (B) the need for Project GRAD programs in such area
                to improve student outcomes, including reading and
                mathematics achievement and, where applicable,
                secondary school graduation, college attendance, and
                college completion rates.
            (2) Matching requirement.--Each subcontractor shall provide
        funds for the Project GRAD program in an amount that is equal
        to the amount received by the subcontractor from the grantee.
        Such matching funds may be provided in cash or in kind, fairly
        evaluated.
            (3) Waiver authority.--The grantee may waive, in whole or
        in part, the requirement of paragraph (2) for a subcontractor,
        if the subcontractor--
                    (A) demonstrates that the subcontractor would not
                otherwise be able to participate in the program; and
                    (B) enters into an agreement with the grantee with
                respect to the amount to which the waiver will apply.
            (4) Decrease in grantee share.--Based on the funds or
        resources available to a subcontractor, the grantee may elect
        to provide the subcontractor with an amount that is less than
        the amount determined under paragraph (1).
    (g) Evaluation.--
            (1) Evaluation by the secretary.--The Secretary shall
        select an independent entity to evaluate, every 3 years, the
        performance of students who participate in a Project GRAD
        program under this Act. The evaluation shall--
                    (A) be conducted using the strongest possible
                research design for determining the effectiveness of
                the Project GRAD programs funded under this Act; and
                    (B) compare reading and mathematics achievement
                and, where applicable, the secondary school graduation,
                college attendance, and college completion rates of
                students who participate in a Project GRAD program
                funded under this Act with those indicators for
                students of similar backgrounds who do not participate
                in such programs.
            (2) Evaluation by grantee and subcontractors.--
                    (A) In general.--The grantee shall require each
                subcontractor to prepare an in-depth report of the
                results and the use of funds of each Project GRAD
                program funded under this Act that includes--
                            (i) data on the reading and mathematics
                        achievement of students involved in the Project
                        GRAD program;
                            (ii) statistics on secondary school
                        graduation, college attendance, and college
                        completion rates; and
                            (iii) such financial reporting as required
                        by the Secretary to review the effectiveness
                        and efficiency of the program.
                    (B) Form of report.--The report shall be in a form
                and include such content as shall be determined by the
                grantee, in consultation with the Secretary or the
                entity selected by the Secretary to evaluate the
                Project GRAD programs in accordance with paragraph (1).
            (3) Availability of evaluations.--Copies of any evaluation
        or report prepared under this subsection shall be made
        available to--
                    (A) the Secretary;
                    (B) the chairperson and ranking member of the
                Committee on Health, Education, Labor, and Pensions of
                the Senate; and
                    (C) the chairperson and ranking member of the
                Committee on Education and the Workforce of the House
                of Representatives.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act
$27,000,000 for fiscal year 2006, and such sums as may be necessary for
each of the 5 succeeding fiscal years.

Summary: Graduation Really Achieves Dreams Act - GRAD Act - Authorizes the Secretary of Education to award a grant to Project GRAD USA, a nonprofit educational organization for improving high school graduation and college attendance and completion rates for at-risk students, to provide technical assistance and support through subgrants to existing and new programs that implement a set of integrated education reform services. Requires the grantee to select only subgrantees that serve a substantial number or percentage of at-risk students. Requires the programs to identify one or more groups of public schools at which services will be provided through a feeder pattern through which elementary and secondary schools channel students having participated in program services into an identified high school. Requires program services to include: (1) research-based programs in reading, mathematics, and classroom management. (2) campus-based social services programs, including increasing family and community involvement in schools. (3) a college access program, including providing college scholarships for students who meet established criteria, increasing student and family college awareness, and assisting students to apply for college financial aid, and (4) other services the grantee identifies as necessary.

A bill to provide for Project GRAD programs, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flight 93 National Memorial Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) on September 11, 2001, passengers and crewmembers of
        United Airlines Flight 93 courageously gave their lives to
        prevent a planned attack on the Capital of the United States;
            (2) thousands of people have visited the crash site since
        September 11, 2001, drawn by the heroic action and sacrifice of
        the passengers and crewmembers aboard Flight 93;
            (3) many people in the United States are concerned about
        the future disposition of the crash site, including--
                    (A) grieving families of the passengers and
                crewmembers;
                    (B) the people of the region where the crash site
                is located; and
                    (C) citizens throughout the United States;
            (4) many of those people are involved in the formation of
        the Flight 93 Task Force, a broad, inclusive organization
        established to provide a voice for all parties interested in
        and concerned about the crash site;
            (5) the crash site commemorates Flight 93 and is a profound
        symbol of American patriotism and spontaneous leadership by
        citizens of the United States;
            (6) a memorial of the crash site should--
                    (A) recognize the victims of the crash in an
                appropriate manner; and
                    (B) address the interests and concerns of
                interested parties; and
            (7) it is appropriate that the crash site of Flight 93 be
        designated as a unit of the National Park System.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish a memorial to honor the passengers and
        crewmembers aboard United Airlines Flight 93 on September 11,
        2001;
            (2) to establish the Flight 93 Advisory Commission to
        assist in the formulation of plans for the memorial, including
        the nature, design, and construction of the memorial; and
            (3) to authorize the Secretary of the Interior to
        administer the memorial, coordinate and facilitate the
        activities of the Flight 93 Advisory Commission, and provide
        technical and financial assistance to the Flight 93 Task Force.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Flight
        93 Advisory Commission established by section (4)(b).
            (2) Crash site.--The term ``crash site'' means the site in
        Stonycreek Township, Somerset County, Pennsylvania, where
        United Airlines Flight 93 crashed on September 11, 2001.
            (3) Memorial.--The term ``Memorial'' means the memorial to
        the passengers and crewmembers of United Airlines Flight 93
        established by section 4(a).
            (4) Passenger or crewmember.--
                    (A) In general.--The term ``passenger or
                crewmember'' means a passenger or crewmember aboard
                United Airlines Flight 93 on September 11, 2001.
                    (B) Exclusions.--The term ``passenger or
                crewmember'' does not include a terrorist aboard United
                Airlines Flight 93 on September 11, 2001.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (6) Task Force.--The term ``Task Force'' means the Flight
        93 Task Force.

SEC. 4. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS OF FLIGHT 93.

    (a) Establishment.--There is established as a unit of the National
Park System a memorial at the crash site to honor the passengers and
crewmembers of Flight 93.
    (b) Advisory Commission.--
            (1) Establishment.--There is established a commission to be
        known as the ``Flight 93 Advisory Commission''.
            (2) Membership.--The Commission shall be composed of--
                    (A) the Director of the National Park Service; and
                    (B) 14 members, appointed by the Secretary, from
                among persons recommended by the Task Force.
            (3) Term; vacancies.--
                    (A) Term.--A member of the Commission shall be
                appointed for the life of the Commission.
                    (B) Vacancies.--A vacancy on the Commission--
                            (i) shall not affect the powers of the
                        Commission; and
                            (ii) shall be filled in the same manner as
                        the original appointment was made.
            (4) Meetings.--
                    (A) In general.--The Commission shall meet at the
                call of the Chairperson or a majority of the members.
                    (B) Frequency.--The Commission shall meet not less
                than quarterly.
                    (C) Notice.--Notice of meetings and the agenda for
                the meetings shall be published in--
                            (i) newspapers in and around Somerset
                        County, Pennsylvania; and
                            (ii) the Federal Register.
                    (D) Open meetings.--Meetings of the Commission
                shall be subject to section 552b of title 5, United
                States Code.
            (5) Quorum.--A majority of the members of the Commission
        shall constitute a quorum.
            (6) Chairperson.--The Commission shall select a Chairperson
        from among the members of the Commission.
            (7) Duties.--The Commission shall--
                    (A) not later than 3 years after the date of
                enactment of this Act, submit to the Secretary and
                Congress a report that contains recommendations for the
                planning, design, construction, and long-term
                management of the memorial;
                    (B) advise the Secretary on--
                            (i) the boundaries of the memorial; and
                            (ii) the development of a management plan
                        for the memorial;
                    (C) consult with the Task Force, the State of
                Pennsylvania, and other interested parties, as
                appropriate;
                    (D) support the efforts of the Task Force; and
                    (E) involve the public in the planning and design
                of the memorial.
            (8) Powers.--The Commission may--
                    (A) make expenditures for services and materials
                appropriate to carry out the purposes of this section;
                    (B) accept donations for use in carrying out this
                section and for other expenses associated with the
                memorial, including the construction of the memorial;
                    (C) hold hearings and enter into contracts,
                including contracts for personal services;
                    (D) by a vote of the majority of the Commission,
                delegate any duties that the Commission determines to
                be appropriate to employees of the National Park
                Service; and
                    (E) conduct any other activities necessary to carry
                out this Act.
            (9) Compensation.--A member of the Commission shall serve
        without compensation, but may be reimbursed for expenses
        incurred in carrying out the duties of the Commission.
            (10) Termination.--The Commission shall terminate on the
        dedication of the memorial.
    (c) Duties of the Secretary.--The Secretary shall--
            (1) administer the memorial as a unit of the National Park
        Service in accordance with--
                    (A) this Act; and
                    (B) the laws generally applicable to units of the
                National Park System;
            (2) provide advice to the Commission on the collection,
        storage, and archiving of information and materials relating to
        the crash or the crash site;
            (3) consult with and assist the Commission in--
                    (A) providing information to the public;
                    (B) interpreting any information relating to the
                crash or the crash site;
                    (C) conducting oral history interviews; and
                    (D) conducting public meetings and forums;
            (4) participate in the development of plans for the design
        and construction of the memorial;
            (5) provide to the Commission--
                    (A) assistance in designing and managing exhibits,
                collections, or activities at the memorial;
                    (B) project management assistance for design and
                construction activities; and
                    (C) staff and other forms of administrative
                support;
            (6) acquire from willing sellers the land or interests in
        land for the memorial by donation, purchase with donated or
        appropriated funds, or exchange; and
            (7) provide the Commission any other assistance that the
        Commission may require to carry out this Act.

            Passed the Senate September 10, 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                S. 2136

_______________________________________________________________________

                                 AN ACT

   To establish a memorial in the State of Pennsylvania to honor the
  passengers and crewmembers of Flight 93 who, on September 11, 2001,
  gave their lives to prevent a planned attack on the Capital of the
                             United States.

Summary: Flight 93 National Memorial Act - Establishes at the site in Stonycreek Township, Somerset County, Pennsylvania, where Flight 93 crashed on September 11, 2001, and as a unit of the National Park System a memorial to honor the passengers and crewmembers who died. Establishes a Flight 93 Advisory Commission to recommend planning, design, construction, and long-term management of the memorial.

A bill to establish a memorial in the State of Pennsylvania to honor the passengers and crewmembers of Flight 93 who, on September 11, 2001, gave their lives to prevent a planned attack on the Capitol of the United States.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Meeting Our
Responsibility to Medicare Beneficiaries Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
           TITLE I--ELIMINATING SPECIAL INTEREST PREFERENCES

Sec. 101. Negotiating fair prices for medicare prescription drugs.
Sec. 102. Elimination of MA Regional Plan Stabilization Fund (Slush
                            Fund).
Sec. 103. Application of risk adjustment reflecting characteristics for
                            the entire medicare population in payments
                            to Medicare Advantage organizations.
       TITLE II--IMPROVING THE MEDICARE PROGRAM FOR BENEFICIARIES

Sec. 201. Eliminating coverage gap.
Sec. 202. Requiring two prescription drug plans to avoid Federal
                            fallback.
Sec. 203. Waiver of part D late enrollment penalty for transition
                            period.
Sec. 204. Improving the transition of full-benefit dual eligible
                            individuals to coverage under the medicare
                            drug benefit.
Sec. 205. Part B premium reduction.
Sec. 206. Study and report on providing incentives to preserve retiree
                            coverage.
Sec. 207. Promoting transparency in employer subsidy payments.

           TITLE I--ELIMINATING SPECIAL INTEREST PREFERENCES

SEC. 101. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS.

    (a) In General.--Section 1860D-11 of the Social Security Act (42
U.S.C. 1395w-111) is amended by striking subsection (i) (relating to
noninterference) and by inserting the following new subsection:
    ``(i) Authority To Negotiate Prices With Manufacturers.--
            ``(1) In general.--The Secretary shall have authority
        similar to that of other Federal entities that purchase
        prescription drugs in bulk to negotiate contracts with
        manufacturers of covered part D drugs, consistent with the
        requirements and in furtherance of the goals of providing
        quality care and containing costs under this part.
            ``(2) Required use of authority.--
                    ``(A) Fallback plans.--The Secretary shall exercise
                the authority described in paragraph (1) with respect
                to covered part D drugs offered under each fallback
                prescription drug plan under subsection (g).
                    ``(B) PDPs and ma-pd plans.--In order to ensure
                that beneficiaries enrolled under prescription drug
                plans and MA-PD plans and taxpayers are getting fair
                and affordable prices for covered part D drugs that
                reflect the bulk purchasing power of such enrollees,
                the Secretary shall exercise the authority described in
                paragraph (1) with respect to such drugs offered under
                all such plans if the Secretary determines that the
                negotiated prices available under such plans for such
                drugs are not fair and affordable prices compared to
                the prices obtained by other Federal government
                programs for such drugs.''.
    (b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2071).

SEC. 102. ELIMINATION OF MA REGIONAL PLAN STABILIZATION FUND (SLUSH
              FUND).

    (a) In General.--Subsection (e) of section 1858 of the Social
Security Act (42 U.S.C. 1395w-27a) is repealed.
    (b) Conforming Amendment.--Section 1858(f)(1) of the Social
Security Act (42 U.S.C. 1395w-27a(f)(1)) is amended by striking
``subject to subsection (e),''.
    (c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 221(c) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2181).

SEC. 103. APPLICATION OF RISK ADJUSTMENT REFLECTING CHARACTERISTICS FOR
              THE ENTIRE MEDICARE POPULATION IN PAYMENTS TO MEDICARE
              ADVANTAGE ORGANIZATIONS.

    Effective January 1, 2006, in applying risk adjustment factors to
payments to organizations under section 1853 of the Social Security Act
(42 U.S.C. 1395w-23), the Secretary of Health and Human Services shall
ensure that payments to such organizations are adjusted based on such
factors to ensure that the health status of the enrollee is reflected
in such adjusted payments, including adjusting for the difference
between the health status of the enrollee and individuals enrolled
under the original medicare fee-for-service program under parts A and B
of title XVIII of such Act. Payments to such organizations must, in
aggregate, reflect such differences.

       TITLE II--IMPROVING THE MEDICARE PROGRAM FOR BENEFICIARIES

SEC. 201. ELIMINATING COVERAGE GAP.

    (a) In General.--Section 1860D-2(b)(4)(B) of the Social Security
Act (42 U.S.C. 1395w-102(b)(4)(B)) is amended to read as follows:
                    ``(B) Annual out-of-pocket threshold.--For purposes
                of this part, the `annual out-of-pocket threshold'
                specified in this subparagraph for a year is equal to
                the greater of--
                            ``(i) $3,600; or
                            ``(ii) the initial coverage limit for the
                        year specified in paragraph (3).''.
    (b) Conforming Amendment.--Section 1860D-22(a)(3)(B)(ii) of the
Social Security Act (42 U.S.C. 1395w-132(b)(4)(B)(ii)) is amended by
striking ``and the annual out-of-pocket threshold, respectively, are
annually adjusted under paragraphs (1) and (4)(B) of section 1860D-
2(b)'' and inserting ``is annually adjusted under paragraph (1) of
section 1860D-2(b) (using the percentage increase specified in
paragraph (6) of such section)''.
    (c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2071).

SEC. 202. REQUIRING TWO PRESCRIPTION DRUG PLANS TO AVOID FEDERAL
              FALLBACK.

    (a) In General.--Section 1860D-3(a) of the Social Security Act (42
U.S.C. 1395w-103(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``qualifying plans (as defined in
                paragraph (3))'' and inserting ``prescription drug
                plans''; and
                    (B) by striking ``, at least one of which is a
                prescription drug plan'';
            (2) in paragraph (2), by striking ``qualifying plans'' and
        inserting ``prescription drug plans''; and
            (3) by striking paragraph (3).
    (b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2071).

SEC. 203. WAIVER OF PART D LATE ENROLLMENT PENALTY FOR TRANSITION
              PERIOD.

    (a) In General.--Section 1860D-13(b) of the Social Security Act (42
U.S.C. 1895w-113(b)) is amended by adding at the end the following new
paragraph:
            ``(8) Waiver of penalty for months prior to 2008.--A part D
        eligible individual who enrolls for the first time in a
        prescription drug plan or an MA-PD plan under this part prior
        to January 1, 2008, shall not be subject an increase in the
        monthly beneficiary premium established under subsection (a)
        with respect to months occurring prior to such date.''.
    (b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(117 Stat. 2071).

SEC. 204. IMPROVING THE TRANSITION OF FULL-BENEFIT DUAL ELIGIBLE
              INDIVIDUALS TO COVERAGE UNDER THE MEDICARE DRUG BENEFIT.

    (a) In General.--Notwithstanding subsection (d)(1) of section 1935
of the Social Security Act (42 U.S.C. 1396u-5), beginning on January 1,
2006, the Secretary of Health and Human Services shall administer a 12-
month period during which full-benefit dual eligible individuals (as
defined in section 1935(c)(6) of the Social Security Act) shall
gradually transition from receiving medical assistance for prescribed
drugs under the medicaid program under title XIX of such Act to
obtaining coverage of covered part D drugs (as defined in section
1860D-2(e) (42 U.S.C. 1395w-102(e)) under title XVIII of such Act in
order to assure that such individuals continue to receive the
outpatient prescription drugs they need.
    (b) Adjustments to Phased-Down State Contribution.--The Secretary
of Health and Human Services shall make appropriate adjustments to the
amount of payments required to be made by a State or the District of
Columbia under section 1935(c) of the Social Security Act (42 U.S.C.
1396u-5(c)) for months occurring during the period described in
subsection (a) in order to account for increased costs for the
provision of medical assistance incurred by the State or the District
of Columbia by reason of the application of the transition period
required under this section.

SEC. 205. PART B PREMIUM REDUCTION.

    Section 1839(a) of the Social Security Act (42 U.S.C. 1395r(a)) is
amended--
            (1) in paragraph (3), in the first sentence, by striking
        ``The Secretary'' and inserting ``Subject to paragraph (5), the
        Secretary''; and
            (2) by adding at the end the following new paragraph:
    ``(5) For each year (beginning with 2006), the Secretary shall
reduce the monthly premium rate determined under paragraph (3) for each
month in the year for each individual enrolled under this part
(including such an individual subject to an increased premium under
subsection (b) or (i)) so that the aggregate amount of such reductions
in the year is equal to the aggregate amount of reduced expenditures
from the Federal Supplementary Medicare Insurance Trust Fund in the
year that the Secretary estimates will result from the provisions of
section 103 of the Meeting Our Responsibility to Medicare Beneficiaries
Act of 2005.''.

SEC. 206. STUDY AND REPORT ON PROVIDING INCENTIVES TO PRESERVE RETIREE
              COVERAGE.

    (a) Study.--The Secretary of Health and Human Services shall
conduct a study to determine what additional incentives should be
provided to employers in order for such employers to continue to
provide retirees with prescription drug coverage. Such study shall
include an assessment of permitting costs incurred by an employer for
covered part D drugs on behalf of a retiree to be treated as incurred
costs for purposes of reaching the annual out-of-pocket threshold under
section 1860D-2(b)(4) of the Social Security Act (42 U.S.C. 1395w-
102(b)(4)).
    (b) Report.--Not later than January 1, 2006, the Secretary of
Health and Human Services shall submit to Congress a report on the
study under subsection (a) together with such recommendations for
legislation as the Secretary deems appropriate.

SEC. 207. PROMOTING TRANSPARENCY IN EMPLOYER SUBSIDY PAYMENTS.

    (a) In General.--Section 1860D-22(a) of the Social Security Act (42
U.S.C. 1895w-132(a)) is amended by adding at the end the following new
paragraph:
            ``(7) Disclosure of certain information.--The Secretary
        shall make the following information regarding the sponsor of a
        qualified prescription drug plan receiving a subsidy under this
        section available to the public through the Internet website of
        the Centers for Medicare & Medicaid Services and other
        appropriate means:
                    ``(A) The information used by the Secretary to
                ensure that the prescription drug coverage offered
                under the plan meets the requirements for subsidy
                payments under this section.
                    ``(B) The total amount of the subsidy payments made
                to the sponsor under this section.''.
    (b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2071).

Summary: Meeting Our Responsibility to Medicare Beneficiaries Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to: (1) negotiating fair prices for Medicare prescription drugs, (2) elimination of the MA Regional Plan Stabilization Fund. (3) application of risk adjustment reflecting characteristics for the entire Medicare population in payments to Medicare advantage organizations. (4) modification of the annual out-of-pocket threshold with respect to prescription drug benefits, (5) requiring two prescription drug plans to avoid Federal fallback, (6) waiver of the part D. (7) transition of full-benefit dual eligible individuals to coverage under the Medicare drug benefit. And (8) Medicare part B premium reduction. Directs the Secretary to study and report to Congress on providing incentives to preserve retiree coverage. Amends SSA title XVIII to direct the Secretary to make certain information regarding the sponsor of a qualified prescription drug plan receiving a subsidy under the prescription drug program available to the public through the Internet website of the Centers for Medicare Medicaid Services.

A bill to amend title XVIII of the Social Security Act to make improvements to the medicare program for beneficiaries.