SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Red Cliffs Desert Reserve Completion
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in the early 1980s, James Doyle, doing business as
        Rocky Mountain Ventures and Environmental Land Technologies,
        Ltd., began assembling land for a massive real estate
        development in the rapidly growing St. George area of Utah;
            (2) the centerpieces of this development were 9 golf
        courses surrounded by luxury homes;
            (3) during the 1980s, James Doyle acquired 2,440 acres and
        held preferential rights to an additional 11,000 acres for this
        development;
            (4) throughout the 1980s and into the 1990s, James Doyle
        invested large amounts of money to acquire and develop this
        land, including--
                    (A) procuring the water rights and engineering
                studies;
                    (B) developing proposals and designs for
                transportation corridors;
                    (C) constructing 1 golf course and designing nine
                more;
                    (D) developing utility layouts and placements;
                    (E) installing necessary sewer, water, and power
                for the various properties; and
                    (F) securing all necessary zoning adjustments and
                development permissions;
            (5) with planning and preparation essentially complete by
        1989, James Doyle was prepared to break ground for the initial
        phase of his project;
            (6) on April 2, 1990, the United States Fish and Wildlife
        Service published a final rule listing the Mojave population of
        the desert tortoise as ``threatened'' under the Endangered
        Species Act of 1973 (16 U.S.C. 1531 et seq.);
            (7) on February 8, 1994, the United States Fish and
        Wildlife Service published a final rule designating all of
        James Doyle's land as critical habitat for the Mojave
        population of the desert tortoise;
            (8) the listing of the desert tortoise and designation of
        James Doyle's land as critical habitat for the tortoise made
        James Doyle's planned land development, as well as that of
        other nearby lands, unlawful without the issuance of an
        incidental take permit by the United States Fish and Wildlife
        Service;
            (9) in response to the designation, James Doyle, as a
        member of the Habitat Conservation Plan Steering Committee,
        worked with other landowners, as well as Federal, State, and
        county officials, to create a Habitat Conservation Plan
        covering Washington County that would have allowed James Doyle
        to develop a portion of his land;
            (10) the United States Fish and Wildlife Service rejected
        the plan, stating that the plan set aside insufficient land to
        protect the tortoise;
            (11) James Doyle and the Steering Committee prepared a
        revised Habitat Conservation Plan, which the United States Fish
        and Wildlife Service approved on February 23, 1996;
            (12) the approved Habitat Conservation Plan allowed the
        development of 350,000 acres of tortoise habitat, and set aside
        61,022 acres, including all of James Doyle's land, as protected
        tortoise habitat reserve where no development was allowed;
            (13) to this end, the Habitat Conservation Plan expressly
        provided that the United States Fish and Wildlife Service would
        issue no incidental take permits for desert tortoises on
        reserve lands;
            (14) in return for placing the land in the tortoise
        reserve, the United States promised that it would acquire title
        to all of the private land, including James Doyle's, by
        exchange or purchase at fair market value;
            (15) despite extensive negotiations, the United States
        acquired only about 400 acres of James Doyle's land for the
        tortoise reserve, leaving the remainder of his acreage vacant
        and unproductive;
            (16) as the years passed, James Doyle's inability to
        develop or sell this remaining acreage resulted in severe
        financial limitations, leaving him unable to service the
        mortgages he had incurred on the land to finance acquisition
        and development costs;
            (17) on March 30, 2004, unable to develop, exchange, or
        sell the land, in which James Doyle had invested millions of
        dollars, James Doyle was forced to seek bankruptcy protection;
            (18) in 2010, James Doyle completed, and the bankruptcy
        court approved, a plan under which James Doyle was required to
        transfer to his creditors all but 274 acres of his land, which
        he still owns but cannot develop;
            (19) in 2015, James Doyle filed suit in the United States
        Court of Federal Claims, seeking just compensation for the land
        that has served as a tortoise reserve since 1996, and was taken
        without compensation;
            (20) the United States Court of Federal Claims dismissed
        James Doyle's claim, without prejudice, ruling that he must
        first seek and be denied a United States Fish and Wildlife
        Service permit to develop his land, even though it is within
        the Red Cliffs Desert Reserve where no development is allowed;
        and
            (21) the permit process would take several years and would
        be futile.

SEC. 3. SETTLEMENT OF CLAIM.

    (a) In General.--The Secretary of the Treasury shall pay James
Doyle, out of money not otherwise appropriated, a sum of money, in an
amount to be determined by the United States Court of Federal Claims,
representing the amount to which James Doyle may be entitled in order
to make James Doyle whole for any damages and losses sustained by James
Doyle by reason of the Federal Government's taking of approximately
2,000 acres of his land located in the St. George area of Utah, now
designated as the Red Cliffs Desert Reserve and set aside as habitat
for the Mojave desert tortoise, a species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Full Satisfaction of Claims.--The payment made under subsection
(a) shall be in full satisfaction of all claims of James Doyle against
the United States.

Summary: Provides for the relief of James Doyle, doing business as Rocky Mountain Ventures and Environmental Land Technologies, Ltd.


SECTION 1. FORMULA AND TERMS FOR ALLOCATIONS TO PREVENT HOMELESSNESS
              FOR INDIVIDUALS LIVING WITH HIV OR AIDS.

    (a) In General.--Subsection (c) of section 854 of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) is amended by--
            (1) redesignating paragraph (3) as paragraph (5); and
            (2) striking paragraphs (1) and (2) and inserting the
        following:
            ``(1) Allocation of resources.--
                    ``(A) Allocation formula.--The Secretary shall
                allocate 90 percent of the amount approved in
                appropriations Acts under section 863 among States and
                metropolitan statistical areas as follows:
                            ``(i) 75 percent of such amounts among--
                                    ``(I) cities that are the most
                                populous unit of general local
                                government in a metropolitan
                                statistical area with a population
                                greater than 500,000, as determined on
                                the basis of the most recent census,
                                and with more than 2,000 individuals
                                living with HIV or AIDS, using the data
                                specified in subparagraph (B); and
                                    ``(II) States with more than 2,000
                                individuals living with HIV or AIDS
                                outside of metropolitan statistical
                                areas.
                            ``(ii) 25 percent of such amounts among
                        States and metropolitan statistical areas based
                        on the method described in subparagraph (C).
                    ``(B) Source of data.--For purposes of allocating
                amounts under this paragraph for any fiscal year, the
                number of individuals living with HIV or AIDS shall be
                the number of such individuals as confirmed by the
                Director of the Centers for Disease Control and
                Prevention, as of December 31 of the most recent
                calendar year for which such data is available.
                    ``(C) Allocation under subparagraph (A)(ii).--For
                purposes of allocating amounts under subparagraph
                (A)(ii), the Secretary shall develop a method that
                accounts for--
                            ``(i) differences in housing costs among
                        States and metropolitan statistical areas based
                        on the fair market rental established pursuant
                        to section 8(c) of the United States Housing
                        Act of 1937 (42 U.S.C. 1437f(c)) or another
                        methodology established through a notice
                        published by the Secretary in the Federal
                        Register; and
                            ``(ii) differences in poverty rates among
                        States and metropolitan statistical areas based
                        on area poverty indexes or another methodology
                        established through a notice published by the
                        Secretary in the Federal Register.
            ``(2) Maintaining grants.--
                    ``(A) Continued eligibility of fiscal year 2016
                grantees.--A grantee that received an allocation in
                fiscal year 2016 shall continue to be eligible for
                allocations under paragraph (1) in subsequent fiscal
                years, subject to--
                            ``(i) the amounts available from
                        appropriations Acts under section 863;
                            ``(ii) approval under section 105 by the
                        Secretary of the most recent comprehensive
                        housing affordability strategy for the grantee;
                        and
                            ``(iii) the requirements of subparagraph
                        (C).
                    ``(B) Adjustments.--Allocations to grantees
                described in subparagraph (A) shall be adjusted
                annually based on sections 203 (except subsection (d))
                and 209 of division C of the Consolidated and Further
                Continuing Appropriations Act, 2012 (Public Law 112-55;
                125 Stat. 693) except that, in lieu of the number of
                cases of AIDS, such sections shall be adjusted, through
                a notice published by the Secretary in the Federal
                Register, to reflect the number of individuals living
                with HIV or AIDS, and the allocation factors under
                paragraph (1)(C) of this subsection.
                    ``(C) Redetermination of continued eligibility.--
                The Secretary shall redetermine the continued
                eligibility of a grantee that received an allocation in
                fiscal year 2016 at least once during the 10-year
                period following fiscal year 2016.
                    ``(D) Adjustment to grants.--For each of fiscal
                years 2017, 2018, 2019, 2020, and 2021, the Secretary
                shall ensure that a grantee that received an allocation
                in the prior fiscal year does not receive an allocation
                that is 5 percent less than or 10 percent greater than
                the share of total available formula funds allocated to
                such grantee in the preceding fiscal year.
            ``(3) Alternative grantees.--
                    ``(A) Requirements.--The Secretary may award funds
                reserved for a grantee eligible under paragraph (1) to
                an alternative grantee if--
                            ``(i) the grantee submits to the Secretary
                        a written agreement between the grantee and the
                        alternative grantee that describes how the
                        alternative grantee will take actions
                        consistent with the applicable comprehensive
                        housing affordability strategy for the grantee
                        approved under section 105 of this Act;
                            ``(ii) the Secretary approves the written
                        agreement described in clause (i) and agrees to
                        award funds to the alternative grantee; and
                            ``(iii) the written agreement does not
                        exceed a term of 10 years.
                    ``(B) Renewal.--An agreement approved pursuant to
                subparagraph (A) may be renewed by the parties with the
                approval of the Secretary.
                    ``(C) Definition.--In this paragraph, the term
                `alternative grantee' means a public housing agency (as
                defined in section 3(b) of the United States Housing
                Act of 1937 (42 U.S.C. 1437a(b))), a unified funding
                agency (as defined in section 401 of the McKinney-Vento
                Homeless Assistance Act (42 U.S.C. 11360)), a State, a
                unit of general local government, or an instrumentality
                of State or local government.
            ``(4) Reallocations.--If a State or the city that is the
        most populous unit of general local government in a
        metropolitan statistical area declines an allocation under
        paragraph (1)(A), or the Secretary determines, in accordance
        with criteria specified in regulation, that a State or the city
        that is the most populous unit of general local government in a
        metropolitan statistical area that is eligible for an
        allocation under paragraph (1)(A) is unable to properly
        administer such allocation, the Secretary shall reallocate any
        funds reserved for such State or metropolitan statistical area
        as follows:
                    ``(A) For funds reserved for a State--
                            ``(i) to eligible metropolitan statistical
                        areas within the State on a pro rata basis; or
                            ``(ii) if there is no eligible metropolitan
                        statistical area within a State, to
                        metropolitan cities and urban counties within
                        the State that are eligible for a grant under
                        section 106 of the Housing and Community
                        Development Act of 1974 (42 U.S.C. 5306), on a
                        pro rata basis.
                    ``(B) For funds reserved for a metropolitan
                statistical area, to the State in which the
                metropolitan statistical area is located.
                    ``(C) If the Secretary is unable to make a
                reallocation under subparagraph (A) or (B), the
                Secretary shall make such funds available on a pro rata
                basis under the formula in paragraph (1)(A).''.
    (b) Amendment to Definitions.--Section 853 of the AIDS Housing
Opportunity Act (42 U.S.C. 12902) is amended--
            (1) in paragraph (1), by inserting ``or `AIDS''' before
        ``means''; and
            (2) by inserting at the end the following new paragraphs:
            ``(15) The term `HIV' means infection with the human
        immunodeficiency virus.
            ``(16) The term `individuals living with HIV or AIDS'
        means, with respect to the counting of cases in a geographic
        area during a period of time, the sum of--
                    ``(A) the number of living non-AIDS cases of HIV in
                the area; and
                    ``(B) the number of living cases of AIDS in the
                area.''.

Summary: This bill amends the AIDS Housing Opportunity Act to revise the formula and requirements for distributing funds under the Housing Opportunities for Persons With Aids (HOPWA) Program. A grantee that received an allocation in FY2016 shall continue to be eligible for such allocations in subsequent fiscal years, subject to approval by the Department of Housing and Urban Development (HUD) and the amounts available from appropriations Acts. HUD shall: redetermine a grantee's eligibility at least once every 10 years, and ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation 5 less than or 10 greater than the share of total available formula funds allocated to that grantee in the preceding fiscal year. HUD may also award such funds to an alternative grantee if the original grantee agrees in a written document meeting HUD approval. References to quot, cases of AIDSquot, and quot, AIDS casesquot, shall be replaced by quot, individuals living with HIV or AIDS,quot. Which means, with respect to the counting of cases in a geographic area during a period of time, the sum of: the number of living non-AIDS cases of HIV in the area, and the number of living cases of AIDS in the area.

A bill to provide housing opportunities for individuals living with HIV or AIDS.


SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Interstate Class
Action Jurisdiction Act of 1999''.
    (b) Reference.--Whenever in this Act reference is made to an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of title
28, United States Code.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) as recently noted by the United States Court of Appeals
        for the Third Circuit, interstate class actions are ``the
        paradigm for Federal diversity jurisdiction because, in a
        constitutional sense, they implicate interstate commerce,
        invite discrimination by a local State, and tend to attract
        bias against business enterprises'';
            (2) most such cases, however, fall outside the scope of
        current Federal diversity jurisdiction statutes;
            (3) that exclusion is an unintended technicality, inasmuch
        as those statutes were enacted by Congress before the rise of
        the modern class action and therefore without recognition that
        interstate class actions typically are substantial
        controversies of the type for which diversity jurisdiction was
        designed;
            (4) Congress is constitutionally empowered to amend the
        current Federal diversity jurisdiction statutes to permit most
        interstate class actions to be brought in or removed to Federal
        district courts; and
            (5) in order to ensure that interstate class actions are
        adjudicated in a fair, consistent, and efficient manner and to
        correct the unintended, technical exclusion of such cases from
        the scope of Federal diversity jurisdiction, it is appropriate
        for Congress to amend the Federal diversity jurisdiction and
        related statutes to allow more interstate class actions to be
        brought in or removed to Federal court.

SEC. 3. JURISDICTION OF DISTRICT COURTS.

    (a) Expansion of Federal Jurisdiction.--Section 1332 is amended by
redesignating subsections (b), (c), and (d) as subsections (c), (d),
and (e), respectively, and by inserting after subsection (a) the
following:
    ``(b)(1) The district courts shall have original jurisdiction of
any civil action which is brought as a class action and in which--
            ``(A) any member of a proposed plaintiff class is a citizen
        of a State different from any defendant;
            ``(B) any member of a proposed plaintiff class is a foreign
        state and any defendant is a citizen of a State; or
            ``(C) any member of a proposed plaintiff class is a citizen
        of a State and any defendant is a citizen or subject of a
        foreign state.
As used in this paragraph, the term `foreign state' has the meaning
given that term in section 1603(a).
    ``(2)(A) The district courts shall not exercise jurisdiction over a
civil action described in paragraph (1) if the action is--
            ``(i) an intrastate case;
            ``(ii) a limited scope case; or
            ``(iii) a State action case.
    ``(B) For purposes of subparagraph (A)--
            ``(i) the term `intrastate case' means a class action in
        which the record indicates that--
                    ``(I) the claims asserted therein will be governed
                primarily by the laws of the State in which the action
                was originally filed; and
                    ``(II) the substantial majority of the members of
                all proposed plaintiff classes, and the primary
                defendants, are citizens of the State in which the
                action was originally filed;
            ``(ii) the term `limited scope case' means a class action
        in which the record indicates that all matters in controversy
        asserted by all members of all proposed plaintiff classes do
        not in the aggregate exceed the sum or value of $1,000,000,
        exclusive of interest and costs, or a class action in which the
        number of members of all proposed plaintiff classes in the
        aggregate is less than 100; and
            ``(iii) the term `State action case' means a class action
        in which the primary defendants are States, State officials, or
        other governmental entities against whom the district court may
        be foreclosed from ordering relief.
    ``(3) Paragraph (1) shall not apply to any claim concerning a
covered security as that term is defined in section 16(f)(3) of the
Securities Act of 1933 and section 28(f)(5)(E) of the Securities
Exchange Act of 1934.
    ``(4) Paragraph (1) shall not apply to any class action solely
involving a claim that relates to--
            ``(A) the internal affairs or governance of a corporation
        or other form of business enterprise and that arises under or
        by virtue of the laws of the State in which such corporation or
        business enterprise is incorporated or organized; or
            ``(B) the rights, duties (including fiduciary duties), and
        obligations relating to or created by or pursuant to any
        security (as defined under section 2(a)(1) of the Securities
        Act of 1933 and the regulations issued thereunder).''.
    (b) Conforming Amendment.--Section 1332(c) (as redesignated by this
section) is amended by inserting after ``Federal courts'' the
following: ``pursuant to subsection (a) of this section''.
    (c) Determination of Diversity.--Section 1332, as amended by this
section, is further amended by adding at the end the following:
    ``(f) For purposes of subsection (b), a member of a proposed class
shall be deemed to be a citizen of a State different from a defendant
corporation only if that member is a citizen of a State different from
all States of which the defendant corporation is deemed a citizen.''.

SEC. 4. REMOVAL OF CLASS ACTIONS.

    (a) In General.--Chapter 89 is amended by adding after section 1452
the following:
``Sec. 1453. Removal of class actions
    ``(a) In General.--A class action may be removed to a district
court of the United States in accordance with this chapter, but without
regard to whether any defendant is a citizen of the State in which the
action is brought, except that such action may be removed--
            ``(1) by any defendant without the consent of all
        defendants; or
            ``(2) by any plaintiff class member who is not a named or
        representative class member of the action for which removal is
        sought, without the consent of all members of such class.
    ``(b) When Removable.--This section shall apply to any class action
before or after the entry of any order certifying a class, except that
a plaintiff class member who is not a named or representative class
member of the action may not seek removal of the action before an order
certifying a class of which the plaintiff is a class member has been
entered.
    ``(c) Procedure for Removal.--The provisions of section 1446(a)
relating to a defendant removing a case shall apply to a plaintiff
removing a case under this section. With respect to the application of
subsection (b) of such section, the requirement relating to the 30-day
filing period shall be met if a plaintiff class member who is not a
named or representative class member of the action for which removal is
sought files notice of removal no later than 30 days after receipt by
such class member, through service or otherwise, of the initial written
notice of the class action provided at the court's direction.
    ``(d) Exceptions.--
            ``(1) Covered securities.--This section shall not apply to
        any claim concerning a covered security as that term is defined
        in section 16(f)(3) of the Securities Act of 1933 and section
        28(f)(5)(E) of the Securities Exchange Act of 1934.
            ``(2) Internal governance of business entities.--This
        section shall not apply to any class action solely involving a
        claim that relates to--
                    ``(A) the internal affairs or governance of a
                corporation or other form of business enterprise and
                that arises under or by virtue of the laws of the State
                in which such corporation or business enterprise is
                incorporated or organized; or
                    ``(B) the rights, duties (including fiduciary
                duties), and obligations relating to or created by or
                pursuant to any security (as defined under section
                2(a)(1) of the Securities Act of 1933 and the
                regulations issued thereunder).''.
    (b) Removal Limitations.--Section 1446(b) is amended in the second
sentence--
            (1) by inserting ``, by exercising due diligence,'' after
        ``ascertained''; and
            (2) by inserting ``(a)'' after ``section 1332''.
    (c) Technical and Conforming Amendments.--The table of sections for
chapter 89 is amended by adding after the item relating to section 1452
the following:

``1453. Removal of class actions.''.
    (d) Application of Substantive State Law.--Nothing in this section
or the amendments made by this section shall alter the substantive law
applicable to an action to which the amendments made by section 3 of
this Act apply.
    (e) Procedure After Removal.--Section 1447 is amended by adding at
the end the following new subsection:
    ``(f) If, after removal, the court determines that no aspect of an
action that is subject to its jurisdiction solely under the provisions
of section 1332(b) may be maintained as a class action under Rule 23 of
the Federal Rules of Civil Procedure, it shall dismiss the action. An
action dismissed pursuant to this subsection may be amended and filed
again in a State court, but any such refiled action may be removed
again if it is an action of which the district courts of the United
States have original jurisdiction. In any action that is dismissed
pursuant to this subsection and that is refiled by any of the named
plaintiffs therein in the same State court venue in which the dismissed
action was originally filed, the limitations periods on all reasserted
claims shall be deemed tolled for the period during which the dismissed
class action was pending. The limitations periods on any claims that
were asserted in a class action dismissed pursuant to this subsection
that are subsequently asserted in an individual action shall be deemed
tolled for the period during which the dismissed class action was
pending.''.

SEC. 5. APPLICABILITY.

    The amendments made by this Act shall apply to any action commenced
on or after the date of the enactment of this Act.

SEC. 6. GAO STUDY.

    The Comptroller General of the United States shall, by not later
than 1 year after the date of the enactment of this Act, conduct a
study of the impact of the amendments made by this Act on the workload
of the Federal courts and report to the Congress on the results of the
study.

            Passed the House of Representatives September 23, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: Prohibits the district courts from exercising jurisdiction over: (1) a civil action if the action is an intrastate case, a limited scope case, or a State action case, (2) any claim concerning a covered security. And (3) any class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which such enterprise is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security. Provides that, for purposes of a determination of diversity of citizenship, a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen. Allows a class action to be removed to a US district court, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by: (1) any defendant without the consent of all defendants. Or (2) any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. Specifies that this section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered. Makes provisions relating to a defendant removing a case applicable to a plaintiff removing a case under this section. Specifies that the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member of the initial written notice of the class action provided at the court's direction. Makes this section inapplicable to any: (1) claim concerning a covered security. And (2) class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which it is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security. Provides that if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant of a copy of an amended paper from which it may first be ascertained by exercising due diligence that the case is one which is or has become removable, with an exception. Requires the court to dismiss the action if, after removal, it determines that no aspect of an action that is subject to its jurisdiction solely under this Act may be maintained as a class action under rule 23 of the Federal Rules of Civil Procedure. Permits an action so dismissed to be amended and filed again in a State court, but allows any such re-filed action to be removed again if it is an action of which the US district courts have original jurisdiction. Specifies that in any action dismissed pursuant to this section that is re-filed by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the period of limitations on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. Deems the limitations periods on any claims that were asserted in a class action dismissed pursuant to this section that are subsequently asserted in an individual action to be tolled for the period during which the dismissed class action was pending. Directs the Comptroller General of the United States to conduct a study of the impact of this Act on the workload of the Federal courts and report to Congress.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Heroin and Prescription Opioid Abuse
Prevention, Education, and Enforcement Act of 2014''.

SEC. 2. FINDINGS.

            (1) The Controlled Substances Act (21 U.S.C. 801 et seq.)
        declares that many controlled substances have a useful and
        legitimate medical purpose and are necessary to maintain the
        health and general welfare of the people of the United States.
            (2) Health care professionals, medical experts,
        researchers, and scientists have found pain to be a major
        national health problem.
            (3) The responsible treatment of pain is a high priority
        for our Nation and the needs of individuals with pain must be
        taken into careful consideration when taking steps to prevent
        prescription drug misuse and abuse.
            (4) When no longer needed or wanted for legitimate pain
        management or health treatment, prescription opioids are
        susceptible to diversion. Prescription opioids also may be
        abused by individuals who were not prescribed such drugs or
        misused by individuals not taking such drugs as directed.
            (5) Approximately 4 out of 5 new heroin users report that
        they became addicted to prescription opioids before they used
        heroin for the first time.
            (6) According to the National Institute on Drug Abuse,
        heroin attaches to the same brain cell receptors as
        prescription opioids.
            (7) The low cost and high purity of currently available
        heroin has contributed to an increase in heroin use.
            (8) More people are using heroin, and are using heroin at a
        younger age. The National Survey on Drug Use and Health reports
        that new heroin users numbered 142,000 in 2010, and increased
        to 178,000 in 2011. In 2011, the average age at first use among
        heroin abusers between 12 and 49 years was 22.1 years. In 2009,
        the average age at first use among heroin abusers between 12
        and 49 years was 25.5 years.
            (9) According to the Department of Health and Human
        Services, heroin use rose 79 percent nationwide between 2007
        and 2012.
            (10) Deaths from heroin overdose have significantly
        increased in communities across the United States. According to
        the Centers for Disease Control and Prevention, the number of
        deaths involving heroin increased by 110 percent from 2006 to
        2011. From 2010 to 2011, the number of heroin deaths rose from
        3,036 to 4,397.
            (11) The Edward Byrne Memorial Justice Assistance Grant
        Program is critical to fighting the prescription opioid abuse
        and heroin use epidemics, and should be reauthorized and fully
        funded.

SEC. 3. DEVELOPMENT OF BEST PRESCRIBING PRACTICES.

    (a) Inter-Agency Task Force.--Not later than 120 days after the
date of enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary''), in
cooperation with the Secretary of Veterans Affairs, the Secretary of
Defense, and the Administrator of the Drug Enforcement Administration,
shall convene a Pain Management Best Practices Inter-Agency Task Force
(referred to in this section as the ``task force'').
    (b) Membership.--The task force shall be comprised of--
            (1) representatives of--
                    (A) the Department of Health and Human Services;
                    (B) the Department of Veterans Affairs;
                    (C) the Department of Defense;
                    (D) the Drug Enforcement Administration; and
                    (E) the Institute of Medicine;
            (2) the Director of the National Institutes of Health;
            (3) physicians and non-physician prescribers;
            (4) pharmacists;
            (5) experts in the fields of pain research and addiction
        research;
            (6) representatives of--
                    (A) pain management professional organizations;
                    (B) the mental health treatment community; and
                    (C) pain advocacy groups; and
            (7) other stakeholders, as the Secretary determines
        appropriate.
    (c) Duties.--The task force shall--
            (1) not later than 180 days after the date on which the
        task force is convened, develop best practices for pain
        management and prescription pain medication prescribing
        practices, taking into consideration--
                    (A) existing pain management research;
                    (B) recommendations from relevant conferences; and
                    (C) ongoing efforts at the State and local levels
                and by medical professional organizations to develop
                improved pain management strategies;
            (2) solicit and take into consideration public comment on
        the practices developed under paragraph (1), amending such best
        practices if appropriate; and
            (3) develop a strategy for disseminating information about
        the best practices developed under paragraphs (1) and (2) to
        prescribers, pharmacists, State medical boards, and other
        parties, as the Secretary determines appropriate.
    (d) Limitation.--The task force shall not have rulemaking
authority.
    (e) Report.--Not later than 270 days after the date on which the
task force is convened under subsection (a), the task force shall
submit to Congress a report that includes--
            (1) the strategy for disseminating best practices developed
        under subsection (c);
            (2) the results of a feasibility study on linking best
        practices developed under paragraphs (1) and (2) of subsection
        (c) to receiving and renewing registrations under section
        303(f) of the Controlled Substances Act (21 U.S.C. 823(f)); and
            (3) recommendations on how to apply such best practices to
        improve prescribing practices at medical facilities of the
        Veterans Health Administration.

SEC. 4. HAROLD ROGERS PRESCRIPTION DRUG MONITORING PROGRAM.

    (a) Authorization of Appropriations.--To carry out the Harold
Rogers Prescription Drug Monitoring Program established under the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748),
there is authorized to be appropriated $9,000,000 for each of fiscal
years 2015 through 2019.
    (b) GAO Report.--Not later than October 1, 2016, the Comptroller
General of the United States shall submit to Congress a report on the
effectiveness of the Harold Rogers Prescription Drug Monitoring Program
in reducing prescription drug abuse, and, to the extent practicable,
any corresponding increase or decrease in the use of heroin.

SEC. 5. REAUTHORIZATION OF BYRNE JUSTICE ASSISTANCE GRANT PROGRAM.

    Section 508 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3758) is amended by striking ``2006
through 2012'' and inserting ``2015 through 2019''.

SEC. 6. OFFICE OF NATIONAL DRUG CONTROL POLICY.

    (a) Update of Plan To Account for Increased Heroin Use.--Not later
than 180 days after the date of enactment of this Act, the Director of
the Office of National Drug Control Policy shall revise the 2011
Prescription Drug Abuse Prevention Plan to reassess the approach under
such plan to addressing prescription drug abuse in light of an increase
in heroin use, and to outline actions or programs that can be carried
out to reduce and prevent such abuse.
    (b) GAO Recommendations for Inter-Agency Coordination.--The
Director shall ensure that the Office of National Drug Control Policy
takes into account the report of the Government Accountability Office
entitled ``Office of National Drug Control Policy: Office Could Better
Identify Opportunities to Increase Program Coordination'' issued on
March 26, 2013 (GAO-13-333), and identifies opportunities to enhance
interagency coordination as part of the Prescription Drug Abuse
Prevention Plan, as revised under subsection (a).

SEC. 7. AWARENESS CAMPAIGNS.

    (a) In General.--The Secretary of Health and Human Services shall
advance the education and awareness of providers, patients, and other
appropriate stakeholders regarding the risk of abuse of prescription
opioid drugs if such products are not taken as prescribed.
    (b) Drug-Free Media Campaign.--
            (1) In general.--The Office of National Drug Control
        Policy, in coordination with the Secretary of Health and Human
        Services and the Attorney General, shall establish a national
        drug awareness campaign.
            (2) Requirements.--The national drug awareness campaign
        under paragraph (1) shall--
                    (A) take into account the association between
                prescription opioid abuse and heroin use; and
                    (B) emphasize the similarities between heroin and
                prescription opioids and the effects of heroin and
                prescription opioids on the human body.
            (3) Available funds.--Funds for the national drug awareness
        campaign may be derived from amounts appropriated to the Office
        of National Drug Control Policy and otherwise available for
        obligation and expenditure.

Summary: Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to convene a Pain Management Best Practices Inter-Agency Task Force. Reauthorizes the Harold Rogers Prescription Drug Monitoring Program through FY2019. Requires the Comptroller General (GAO) to report on the effectiveness of the program in reducing prescription drug abuse and any corresponding increase or decrease in the use of heroin. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the Edward Byrne Memorial Justice Assistance Grant Program through FY2019. Requires the Director of the Office of National Drug Control Policy (ONDCP) to: revise the 2011 Prescription Drug Abuse Prevention Plan to reassess the approach to addressing prescription drug abuse in light of an increase in heroin use and to outline actions or programs to reduce and prevent such abuse, and ensure that ONDCP takes into account a specified GAO report concerning program coordination and identifies opportunities to enhance interagency coordination as part of the Plan. Requires the Secretary to advance the education and awareness of providers, patients, and stakeholders regarding the risk of abuse of prescription opioid drugs if such products are not taken as prescribed. Directs ONDCP to establish a national drug awareness campaign that: takes into account the association between prescription opioid abuse and heroin use, and emphasizes the similarities between heroin and prescription opioids and the effects of these on the human body.


SECTION 1. SHORT TITLE.

    That this Act may be cited as the ``Reserve Account for
Administrative Savings Act of 1993''.

SEC. 2. GOVERNMENT EFFICIENCY RESERVE ACCOUNTS.

    Subchapter II of chapter 15 of title 31, United States Code, is
amended by adding at the end the following:
``Sec. 1520. Special rule for apportioning salaries and expenses within
              an appropriation
    ``(a) All appropriations for salaries and expenses shall be
apportioned as necessary to carry out this section.
    ``(b)(1) Except as provided by paragraph (2), in apportioning any
appropriation for salaries and expenses for a fiscal year under this
section, a reserve shall be established in an amount that is equal to 5
percent of the actual amount incurred for those salaries and expenses
in the immediately preceding fiscal year.
    ``(2) The size of each reserve to be established under paragraph
(1) for a fiscal year shall (if applicable) be reduced by a dollar
amount equal to the amount by which that fiscal year's appropriation
for salaries and expenses is less than the actual amount incurred for
those salaries and expenses in the immediately preceding fiscal year.
    ``(c) Each appropriation subject to this section shall be
apportioned by the appropriate official referred to in section 1513 and
within the applicable time parameters set forth in that section.
    ``(d) The head of each agency that has an appropriation for
salaries and expenses for a fiscal year subject to this section shall,
within 60 days after the beginning of that fiscal year or within 60
days after the date of enactment of the law by which the appropriation
for that fiscal year is made available, whichever occurs later, and
after consultation with it chief financial officer and the Deputy
Director for Management (or his or her designee) of the Office of
Management and Budget, make recommendations to the President of changes
in laws or regulations or other changes that should be made to bring
about a more efficient and cost-effective operation and thereby reduce
salaries and expenditures without jeopardizing any programs that agency
administers.
    ``(e) The President's annual budget submission for a budget year
under section 1105(a) shall include a special message which sets forth
on an agency-by-agency basis a recommendation for the current fiscal
year of whether--
            ``(1) for the programs that agency administers to be
        maintained at a proper administrative level the release of all
        or part of those funds held in reserve under subsection (b) is
        necessary;
            ``(2) those programs can function effectively at reduced
        levels and the funds held in reserve under subsection (b)
        should be rescinded and returned to the Treasury; or
            ``(3) supplemental appropriations for other programs are
        necessary and can be offset by rescissions of the funds held in
        reserve under subsection (b).
If that special message recommends the option set forth in paragraph
(1) for any agency, then the President shall include with that special
message a bill that, if enacted, would release specified amounts of
funds held in reserve under subsection (b) as set forth in that bill.
    ``(f) Except to the extent that a law is enacted under section 1521
requiring the release of all or part of the money reserved under
subsection (b), on August 1 of the calendar year during which a fiscal
year ends, all funds held in any reserve under subsection (b)
respecting that fiscal year are hereby rescinded and shall be promptly
returned to the general fund of the Treasury.
``Sec. 1521. Fast-track supplemental appropriation of amounts not to
              exceed aggregate amount rescinded under section 1520
    ``(a)(1) Before the close of the second legislative day of the
House of Representatives after the date of receipt of a special message
transmitted to Congress under section 1520(e), the majority leader or
minority leader of the House of Representatives shall introduce (by
request) the draft bill accompanying that special message. If the bill
is not introduced as provided in the preceding sentence, then, on the
third legislative day of the House of Representatives after the date of
receipt of that special message, any Member of that House may introduce
the bill.
    ``(2) The bill shall be referred to the Committee on Appropriations
of the House of Representatives. The committee shall report the bill
with or without recommendation. The bill shall be reported not later
than the seventh legislative day of that House after the date of
receipt of that special message. If the Committee on Appropriations
fails to report the bill within that period, that committee shall be
automatically discharged from consideration of the bill, and the bill
shall be placed on the appropriate calendar.
    ``(3) During consideration under this subsection, any Member of the
House of Representatives may move to strike any provision of the bill
or offer an amendment to reduce any amount proposed to be released.
    ``(4) A vote on final passage of the bill shall be taken in the
House of Representatives on or before the close of the 10th legislative
day of that House after the date of the introduction of the bill in
that House. If the bill is passed, the Clerk of the House of
Representatives shall cause the bill to be engrossed, certified, and
transmitted to the Senate within one calendar day of the day on which
the bill is passed.
    ``(5)(A) A motion in the House of Representatives to proceed to the
consideration of a bill under this section shall be highly privileged
and not debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
    ``(B) Debate in the House of Representatives on a bill under this
section shall not exceed 4 hours, which shall be divided equally
between those favoring and those opposing the bill. A motion further to
limit debate shall not be debatable. It shall not be in order to move
to recommit a bill under this section or to move to reconsider the vote
by which the bill is agreed to or disagreed to.
    ``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be decided
without debate.
    ``(D) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of a bill under this
section shall be governed by the Rules of the House of Representatives.
    ``(6)(A) A bill transmitted to the Senate pursuant to paragraph (4)
shall be referred to its Committee on Appropriations. The committee
shall report the bill with or without recommendation. The bill shall be
reported not later than the seventh legislative day of the Senate after
it receives the bill. A committee failing to report the bill within
such period shall be automatically discharged from consideration of the
bill, and the bill shall be placed upon the appropriate calendar.
    ``(B) During consideration under this subsection, any Member of the
Senate may move to strike any provision of the bill or offer an
amendment to reduce any amount proposed to be released.
    ``(C) A vote on final passage of a bill transmitted to the Senate
shall be taken on or before the close of the 10th legislative day of
the Senate after the date on which the bill is transmitted. If the bill
is passed in the Senate without amendment, the Secretary of the Senate
shall cause the engrossed bill to be returned to the House of
Representatives.
    ``(7)(A) A motion in the Senate to proceed to the consideration of
a bill under this subsection shall be privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it be in order
to move to reconsider the vote by which the motion is agreed to or
disagreed to.
    ``(B) Debate in the Senate on a bill under this subsection, and all
debatable motions and appeals in connection therewith, shall not exceed
10 hours. The time shall be equally divided between, and controlled by,
the majority leader and the minority leader or their designees.
    ``(C) Debate in the Senate on any debatable motion or appeal in
connection with a bill under this section shall be limited to not more
than 1 hour, to be equally divided between, and controlled by, the
mover and the manager of the bill, except that in the event the manager
of the bill is in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time under their
control on the passage of a bill, allot additional time to any Senator
during the consideration of any debatable motion or appeal.
    ``(D) A motion in the Senate to further limit debate on a bill
under this subsection is not debatable. A motion to recommit a bill
under this section is not in order.
    ``(b) Amendments and Divisions.--No amendment to a bill considered
under this section shall be in order in either the House of
Representatives or the Senate except an amendment to strike a provision
of the bill or to reduce an amount proposed to be restored by the bill.
It shall not be in order to demand a division of the question in the
House of Representatives (or in a Committee of the Whole) or in the
Senate. No motion to suspend the application of this subsection shall
be in order in either House, nor shall it be in order in either House
to suspend the application of this subsection by unanimous consent.
    ``(c) Requirement to Make Available for Obligation.--Any amount of
budget authority proposed to be restored in a special message
transmitted to Congress under section 1520(e) shall be made available
for obligation on the day after the date on which the bill proposing to
restore such amount of budget authority is enacted into law unless it
has been automatically rescinded under that section.
    ``(d) Definition.--For purposes of this section, the term
`legislative day' means, with respect to either House of Congress, any
day during which that House is in session.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall only apply to fiscal years
1994, 1995, 1996, 1997, and 1998 and shall have no force or effect
after September 30, 1998.

Summary: Reserve Account for Administrative Savings Act of 1993 - Amends Federal law to require that appropriated salaries and expenses be apportioned. Requires the establishment of reserve accounts equal to five percent of the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. Provides procedures for such funds to be permanently rescinded, released and spent, or used to offset supplemental appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Caregiver Credit Act
of 2018''.

SEC. 2. FINDINGS.

    Congress finds that:
            (1) Caregiving is an essential element of family life and a
        vital service for children, the ill, the disabled, and the
        elderly.
            (2) The establishment of a caregiver credit would bolster
        the economic prospects of unpaid caregivers and would provide
        them with vital retirement security.
            (3) The 2018 Annual Report of the Board of Trustees of the
        Federal Old-Age and Survivors Insurance and Federal Disability
        Insurance Trust Funds concluded that the combined Trust Funds
        will be able to pay scheduled benefits in full until 2034.
            (4) While there is no immediate crisis, policy options
        should be considered to extend OASDI solvency, including by
        eradicating the gender wage gap, increasing overall employment,
        or increasing the minimum wage.

SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES.

    (a) In General.--Title II of the Social Security Act is amended by
adding after section 234 (42 U.S.C. 434) the following new section:

          ``deemed wages for caregivers of dependent relatives

    ``Sec. 235.  (a) Definitions.--For purposes of this section--
            ``(1) The term `qualifying month' means, in connection with
        an individual, a month during which such individual was engaged
        for not less than 80 hours in providing care to a dependent
        relative without monetary compensation. Such term does not
        include any month ending after the date on which such
        individual attains retirement age (as defined in section
        216(l)).
            ``(2) The term `dependent relative' means, in connection
        with an individual--
                    ``(A) a child, grandchild, niece, or nephew (of
                such individual or such individual's spouse or domestic
                partner), or a child to which the individual or the
                individual's spouse or domestic partner is standing in
                loco parentis, who is under the age of 12, or
                    ``(B) a child, grandchild, niece, or nephew (of
                such individual or such individual's spouse or domestic
                partner), a child to which the individual or the
                individual's spouse or domestic partner is standing in
                loco parentis, a parent, aunt, or uncle (of such
                individual or his or her spouse or domestic partner),
                or such individual's spouse or domestic partner, if
                such child, grandchild, niece, nephew, parent, aunt,
                uncle, spouse, or domestic partner is a chronically
                dependent individual.
            ``(3)(A) The term `chronically dependent individual' means
        an individual who--
                    ``(i) is dependent on a daily basis on verbal
                reminding, physical cueing, supervision, or other
                assistance provided to the individual by another person
                in the performance of at least two of the activities of
                daily living (described in subparagraph (B)), and
                    ``(ii) without the assistance described in clause
                (i), could not perform such activities of daily living.
            ``(B) The `activities of daily living' referred to in
        subparagraph (A) are the following:
                    ``(i) Eating.
                    ``(ii) Bathing.
                    ``(iii) Dressing.
                    ``(iv) Toileting.
                    ``(v) Transferring in and out of a bed or in and
                out of a chair.
    ``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of
determining entitlement to and the amount of any monthly benefit for
any month after December 2018, or entitlement to and the amount of any
lump-sum death payment in the case of a death after such month, payable
under this title on the basis of the wages and self-employment income
of any individual, and for purposes of section 216(i)(3), such
individual shall be deemed to have been paid during each qualifying
month (in addition to wages or self-employment income actually paid to
or derived by such individual during such month) at an amount per month
equal to--
            ``(i) in the case of a qualifying month during which no
        wages or self-employment income were actually paid to or
        derived by such individual, 50 percent of the national average
        wage index (as defined in section 209(k)(1)) for the second
        calendar year preceding the calendar year in which such month
        occurs; and
            ``(ii) in the case of any other qualifying month, the
        excess of the amount determined under clause (i) over \1/2\ of
        the wages or self-employment income actually paid to or derived
        by such individual during such month.
    ``(B) In any case in which there are more than 60 qualifying months
for an individual, only the last 60 of such months shall be taken into
account for purposes of this section.
    ``(2) Paragraph (1) shall not be applicable in the case of any
monthly benefit or lump-sum death payment if a larger such benefit or
payment, as the case may be, would be payable without its application.
    ``(c) Identification Requirements.--A qualifying month shall not be
taken into account under this section with respect to an individual
unless such individual provides the Commissioner of Social Security
with the name and identifying information of the dependent relative
with respect to whom the individual was engaged in providing care
during such month, and other information as the Commissioner may
require to verify the status of the dependent relative, on whatever
application may be required to obtain benefits under this section.''.
    (b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C.
409(k)(1)) is amended--
            (1) by striking ``and'' before ``230(b)(2)''; and
            (2) by inserting ``and 235(b)(1)(A)(i),'' after ``1977),''.

Summary: Social Security Caregiver Credit Act of 2018 This bill credits annbsp. Individual with deemed wages, for purposes of calculating Old Age, Survivors, and Disability Insurance benefits,nbsp. For up to five years of service as a caregiver of a dependent relative. Specifically, an individual shall be deemed to have been paid a wage during each month in which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation. However, this requirementnbsp. Shall not apply if a larger benefit or payment would otherwise be payable.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judicial Administration and
Improvement Act of 2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Former ninth circuit.--The term ``former ninth
        circuit'' means the ninth judicial circuit of the United States
        as in existence on the day before the effective date of this
        Act.
            (2) New ninth circuit.--The term ``new ninth circuit''
        means the ninth judicial circuit of the United States
        established by the amendment made by section 3.
            (3) Twelfth circuit.--The term ``twelfth circuit'' means
        the twelfth judicial circuit of the United States established
        by the amendment made by section 3.

SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.

    Section 41 of title 28, United States Code, is amended--
            (1) in the matter preceding the table, by striking
        ``thirteen'' and inserting ``fourteen''; and
            (2) in the table--
                    (A) by striking the item relating to the ninth
                circuit and inserting the following:

    ``Ninth........................
                                        California, Hawaii, Oregon,
                                                Washington, Guam,
                                                Northern Mariana
                                                Islands.'';
                and
                    (B) by inserting after the item relating to the
                eleventh circuit the following:

    ``Twelfth......................
                                        Alaska, Arizona, Idaho,
                                                Montana, Nevada.''.

SEC. 4. NUMBER OF CIRCUIT JUDGES.

    The table contained in section 44(a) of title 28, United States
Code, is amended--
            (1) by striking the item relating to the ninth circuit and
        inserting the following:

``Ninth.........................................................   21'';

        and
            (2) by inserting after the item relating to the eleventh
        circuit the following:

``Twelfth.......................................................    8''.

SEC. 5. PLACES OF CIRCUIT COURT.

    The table contained in section 48(a) of title 28, United States
Code, is amended by inserting after the item relating to the eleventh
circuit the following:

    ``Twelfth......................
                                        Las Vegas, Phoenix, Anchorage,
                                                Missoula.''.

SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES.

    (a) In General.--Each circuit judge of the former ninth circuit who
is in regular active service and whose official duty station on the day
before the effective date of this Act--
            (1) is in California, Oregon, Washington, Guam, Hawaii, or
        the Northern Mariana Islands shall be a circuit judge of the
        new ninth circuit as of such effective date; and
            (2) subject to subsection (b), is in Alaska, Arizona,
        Idaho, Montana, or Nevada, shall be a circuit judge of the
        twelfth circuit as of such effective date.
    (b) Election by Certain Circuit Judges.--A circuit judge in regular
active service as described in subsection (a)(2) may elect to be
permanently assigned to the new ninth circuit as of such effective date
by notifying the Director of the Administrative Office of the United
States Courts of such election.
    (c) Vacancies.--For each individual serving in the position of
circuit judge of the former ninth circuit whose official duty station
on the day before the effective date of this Act is in Alaska, Arizona,
Idaho, Montana, or Nevada, after the date on which such individual
ceases to serve as a circuit judge, the President shall appoint, by and
with the advice and consent of the Senate, 1 additional circuit judge
for the twelfth circuit, without regard to whether such individual
makes an election described in subsection (b).

SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

    Each judge who is a senior circuit judge of the former ninth
circuit, whose official duty station on the day before the effective
date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, may
elect to be assigned to the new ninth circuit or the twelfth circuit as
of such effective date and shall notify the Director of the
Administrative Office of the United States Courts of such election.

SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS.

    (a) In General.--For each circuit judge in regular active service
who elects to be assigned to the new ninth circuit under section 6(b),
the President shall appoint, by and with the advice and consent of the
Senate, 1 additional circuit judge for the twelfth circuit, resident in
the duty station of the circuit judge making the election as of the day
before the effective date of this Act.
    (b) Vacancies.--For each appointment made under subsection (a) for
the twelfth circuit, an equal number of corresponding vacancies in the
position of circuit judge for the twelfth circuit shall not be filled.

SEC. 9. SENIORITY OF JUDGES.

    (a) In General.--The seniority of each judge--
            (1) who elects to be assigned to the twelfth circuit under
        section 6(b);
            (2) who elects to be assigned to the new ninth circuit
        under section 6(b); or
            (3) who elects to be assigned to the twelfth circuit under
        section 7,
shall run from the date of commission of such judge as a judge of the
former ninth circuit.
    (b) Temporary Twelfth Circuit Judges.--The seniority of each judge
appointed under section 8(a) shall run from the date of commission of
such judge as a judge of the twelfth circuit.

SEC. 10. APPLICATION TO CASES.

    The following apply to any case in which, on the day before the
effective date of this Act, an appeal or other proceeding has been
filed with the former ninth circuit:
            (1) Except as provided in paragraph (3), if the matter has
        been submitted for decision, further proceedings with respect
        to the matter shall be had in the same manner and with the same
        effect as if this Act had not been enacted.
            (2) If the matter has not been submitted for decision, the
        appeal or proceeding, together with the original papers,
        printed records, and record entries duly certified, shall, by
        appropriate orders, be transferred to the court to which the
        matter would have been submitted had this Act been in full
        force and effect on the date on which such appeal was taken or
        other proceeding commenced, and further proceedings with
        respect to the case shall be had in the same manner and with
        the same effect as if the appeal or other proceeding had been
        filed in such court.
            (3) If a petition for rehearing en banc is pending on or
        after the effective date of this Act, the petition shall be
        considered by the court of appeals to which the petition would
        have been submitted had this Act been in full force and effect
        on the date on which the appeal or other proceeding was filed
        with the court of appeals.

SEC. 11. ADMINISTRATION.

    (a) In General.--The court of appeals for the ninth circuit as
constituted on the day before the effective date of this Act may take
such administrative action as may be required to carry out this Act and
the amendments made by this Act.
    (b) Administrative Termination.--The court described in subsection
(a) shall cease to exist for administrative purposes 2 years after the
effective date of this Act.

SEC. 12. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 1
year after the date of enactment of this Act.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act,
including such sums as may be necessary to provide appropriate space
and facilities for any judicial positions created by this Act or an
amendment made by this Act.

Summary: Judicial Administration and Improvement Act of 2016 sic This bill divides the US Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit, to be composed of California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands. And (2) a newly established Twelfth Circuit, to be composed of Alaska, Arizona, Idaho, Montana, and Nevada. The bill designates locations where the new circuits are to hold regular sessions. The bill distributes active circuit judges of the former Ninth Circuit to the new circuits. Circuit judges and senior circuit judges currently stationed in Alaska, Arizona, Idaho, Montana, or Nevada may elect their circuit assignment. For each circuit judge in regular service who elects to be assigned to the new Ninth Circuit, the President shall appoint one additional circuit judge for the Twelfth Circuit.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Fraud and Abuse Control Act
of 1995''.

SEC. 2. ESTABLISHMENT OF MEDICARE FRAUD AND ABUSE CONTROL PROGRAM.

    (a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
establish a program to improve the prevention, detection, and control
of fraud and abuse under the medicare program.
    (b) Award of Portion of Amounts Collected to Individuals Providing
Information.--Under the program established pursuant to subsection (a),
the Secretary shall pay a portion of any civil monetary penalty
assessed under the medicare program to any individual or entity who
provided information which served as the basis for the assessment of
the penalty, under the same terms and conditions applicable to awards
to qui tam plaintiffs under chapter 37 of title 31, United States Code.

SEC. 3. PROVIDING INFORMATION ON REPORTING FRAUD AND ABUSE WITH
              MEDICARE CLAIMS AND BENEFIT FORMS.

    (a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended by adding at the end the following new
section:

            ``solicitation of information on fraud and abuse

    ``Sec. 1893. With each explanation of benefits provided to an
individual to whom items or services are furnished under this title and
with each notice of payment provided to an individual or entity
furnishing an item or service for which payment is made under this
title, the Secretary shall include a statement soliciting any
information the individual or entity may possess on any fraud and abuse
committed against the program under this title, together with a toll-
free telephone number through which the individual or entity may report
such information.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to items and services furnished and payments made under title
XVIII of the Social Security Act on or after January 1, 1996.

SEC. 4. INCREASE IN AMOUNT OF PENALTIES.

    (a) In General.--
            (1) General civil monetary penalties.--Section 1128A of the
        Social Security Act (42 U.S.C. 1320a-7a) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``$2,000'' and inserting
                        ``$4,000'', and
                            (ii) by striking ``$15,000'' and inserting
                        ``$30,000''; and
                    (B) in subsection (b), by striking ``$2,000'' each
                place it appears and inserting ``$4,000''.
            (2) Criminal penalties.--Section 1128B of such Act (42
        U.S.C. 1320a-7b) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``$25,000'' and inserting
                        ``$50,000'', and
                            (ii) by striking ``$10,000'' and inserting
                        ``$20,000'';
                    (B) in subsections (b), (c), and (d), by striking
                ``$25,000'' each place it appears and inserting
                ``$50,000''; and
                    (C) in subsection (e), by striking ``$2,000'' and
                inserting ``$4,000''.
            (3) Standards for nursing facilities.--
                    (A) Providing advance notice of survey to nursing
                facility.--Section 1819(g)(2)(A)(i) of such Act (42
                U.S.C. 1395i@3(g)(2)(A)(i)) is amended by striking
                ``$2,000'' and inserting ``$4,000''.
                    (B) Noncompliance with nursing facility
                standards.--Section 1819(h)(2)(B)(ii) of such Act (42
                U.S.C. 1395i@3(h)(2)(B)(ii)) is amended by striking
                ``$10,000'' and inserting ``$20,000''.
            (4) Failure to provide information on referring physician
        on unassigned claims.--Section 1833(q)(2)(B)(i) of such Act (42
        U.S.C. 1395l(q)(2)(B)(i)) is amended by striking ``$2,000'' and
        inserting ``$4,000''.
            (5) Distribution by suppliers of medical equipment of
        medical necessity forms.--Section 1834(j)(2)(A)(iii) of such
        Act (42 U.S.C. 1395m(j)(2)(A)(iii)), as added by section
        131(a)(1) of the Social Security Act Amendments of 1994, is
        amended by striking ``$1,000'' and inserting ``$2,000''.
            (6) Failure to include diagnosis code on unassigned
        claims.--Section 1842(p)(3)(A) of such Act (42 U.S.C.
        1395u(p)(3)(A)) is amended by striking ``$2,000'' and inserting
        ``$4,000''.
            (7) Intermediate sanctions for providers or suppliers of
        clinical diagnostic laboratory tests.--Section
        1846(b)(2)(A)(ii) of such Act (42 U.S.C. 1395w@2(b)(2)(A)(ii))
        is amended by striking ``$10,000'' and inserting ``$20,000''.
            (8) Medicare secondary payer.--
                    (A) Offering financial incentives for beneficiaries
                not to enroll in primary plans.--The second sentence of
                section 1862(b)(3)(C) of such Act (42 U.S.C.
                1395y(b)(3)(C)) is amended by striking ``$5,000'' and
                inserting ``$10,000''.
                    (B) Failure of employer to provide matching
                information on secondary payer situations.--The second
                sentence of section 1862(b)(5)(C)(ii) of such Act (42
                U.S.C. 1395y(b)(5)(C)(ii)) is amended by striking
                ``$1,000'' and inserting ``$2,000''.
                    (C) Failure of provider to provide information on
                availability of other payers.--Section 1862(b)(6)(B) of
                such Act (42 U.S.C. 1395y(b)(6)(B)), as added by
                section 151(a)(2)(A) of the Social Security Act
                Amendments of 1994, is amended by striking ``$2,000''
                and inserting ``$4,000''.
            (9) Improper billing by hospitals.--Section 1866(g) of such
        Act (42 U.S.C. 1395cc(g)) is amended by striking ``$2,000'' and
        inserting ``$4,000''.
            (10) Violation of anti-dumping restrictions.--Section
        1867(d)(1) of such Act (42 U.S.C. 1395dd(d)(1)) is amended--
                    (A) by striking ``$50,000'' each place it appears
                and inserting ``$100,000''; and
                    (B) in subparagraph (A), by striking ``$25,000''
                and inserting ``$50,000''.
            (11) Sanctions against health maintenance organizations.--
        Section 1876(i)(6)(B)(i) of such Act (42 U.S.C.
        1395mm(i)(6)(B)(i)) is amended--
                    (A) by striking ``$25,000'' and inserting
                ``$50,000'';
                    (B) by striking ``$100,000'' and inserting
                ``$200,000''; and
                    (C) by striking ``$15,000'' and inserting
                ``$30,000''.
            (12) Referrals by physicians with ownership or investment
        interests.--
                    (A) Improper claims.--Section 1877(g)(3) of such
                Act (42 U.S.C. 1395nn(g)(3)) is amended by striking
                ``$15,000'' and inserting ``$30,000''.
                    (B) Circumvention schemes.--Section 1877(g)(4) of
                such Act (42 U.S.C. 1395nn(g)(4)) is amended by
                striking ``$100,000'' and inserting ``$200,000''.
                    (C) Failure to report information.--Section
                1877(g)(5) of such Act (42 U.S.C. 1395nn(g)(5)) is
                amended by striking ``$10,000'' and inserting
                ``$20,000''.
            (13) Medicare supplemental policies.--
                    (A) Issuance of policies where no standards in
                effect.--The second sentence of section 1882(a)(2) of
                such Act (42 U.S.C. 1395ss(a)(2)) is amended by
                striking ``$25,000'' and inserting ``$50,000''.
                    (B) Misrepresentations of policies.--Section
                1882(d) of such Act (42 U.S.C. 1395ss(d)) is amended--
                            (i) in paragraphs (1), (2), and (4)(A), by
                        striking ``$5,000'' and inserting ``$10,000'';
                        and
                            (ii) in paragraphs (3)(A) and (3)(B)(iv),
                        by striking ``$25,000 (or $15,000'' and
                        inserting ``$50,000 (or $30,000''.
                    (C) Violation of benefits standards.--Section
                1882(p) of such Act (42 U.S.C. 1395ss(p)) is amended by
                striking ``$25,000 (or $15,000'' each place it appears
                in paragraphs (8) and (9)(C) and inserting ``$50,000
                (or $30,000''.
                    (D) Violation of guaranteed renewability
                standards.--Section 1882(q)(5)(C) of such Act (42
                U.S.C. 1395ss(q)(5)(C)) is amended by striking
                ``$25,000'' and inserting ``$50,000''.
                    (E) Violation of loss ratio standards.--Section
                1882(r)(6)(A) of such Act (42 U.S.C. 1395ss(r)(6)(A))
                is amended by striking ``$25,000'' and inserting
                ``$50,000''.
                    (F) Violation of pre-existing condition
                standards.--Section 1882(s)(3) of such Act (42 U.S.C.
                1395ss(s)(3)) is amended by striking ``$5,000'' and
                inserting ``$10,000''.
                    (G) Medicare select policies.--Section 1882(t)(2)
                of such Act (42 U.S.C. 1395ss(t)(2)) is amended by
                striking ``$25,000'' and inserting ``$50,000''.
            (14) Violation of home health participation standards.--
        Section 1891 of such Act (42 U.S.C. 1395bbb) is amended--
                    (A) in subsection (a)(3)(D)(iii)(III), by striking
                ``$5,000'' and inserting ``$10,000'';
                    (B) in subsection (c)(1), by striking ``$2,000''
                and inserting ``$4,000'' ; and
                    (C) in subsection (f)(2)(A)(i), by striking
                ``$10,000'' and inserting ``$20,000''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to civil monetary penalties imposed with respect to acts or
omissions occurring on or after January 1, 1996.

Summary: Medicare Fraud and Abuse Control Act of 1995 - Directs the Secretary of Health and Human Services to establish a federal program to prevent, detect, and control fraud and abuse under Medicare. Requires the Secretary to pay a portion of any civil monetary penalty for a Medicare violation to any person or entity whose information led to the imposition of that penalty. Amends title XVIII (Medicare) of the Social Security Act: (1) to require that a statement soliciting information of any fraud or abuse be included with every explanation of benefits received and notice of payment made under Medicare. And (2) to double the amount of criminal and civil monetary penalties that are assessed for various Medicare violations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International and Foreign Language
Studies Act of 2004''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In recent years, foreign language needs have
        significantly increased throughout the Federal Government due
        to the presence of a wider range of security threats, the
        emergence of new nation states, and the globalization of the
        United States economy.
            (2) Likewise, American businesses increasingly need
        internationally and multiculturally experienced employees to
        compete in the global economy and to manage a culturally
        diverse workforce.
            (3) Currently, the Federal Government requires 34,000
        employees with foreign language skills across more than 70
        Federal agencies.
            (4) Federal agency officials have stated that, over the
        years, translator and interpreter shortfalls have adversely
        affected agency operations and hindered United States military,
        law enforcement, intelligence, counterterrorism, and diplomatic
        efforts.
            (5) In a 2002 General Accounting Office report, the United
        States Army reported that it was experiencing serious
        shortfalls of translators and interpreters in 5 of its 6
        critical languages: Arabic, Korean, Mandarin Chinese, Persian-
        Farsi, and Russian.
            (6) The number of Foreign Language and Area Studies
        Fellowships awarded in 2003 was 30 percent less than the number
        awarded at its high point in 1967.
            (7) In the 2000-2001 school year, the number of foreign
        language degrees conferred was 1 percent of the total
        undergraduate degrees conferred, less than .05 percent of the
        total masters degrees conferred, and 1 percent of the total
        doctoral degrees conferred.
            (8) In the 2003 National Survey of Student Engagement, only
        \2/5\ of undergraduates reported taking foreign language
        coursework, while only 1 in 5 reported having studied abroad.
            (9) Only 1 percent of all United States undergraduates
        studied abroad in the 2001-2002 school year.
            (10) In 2002, 79 percent of Americans agreed that students
        should have a study-abroad experience sometime during college.
            (11) More than 40 percent of Americans said they were more
        likely to favor an increase in State funding for foreign
        language education at their local college or university after
        September 11, 2001.

SEC. 3. REFERENCES.

    Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).

SEC. 4. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND
              PROGRAMS.

    Section 602 (20 U.S.C. 1122) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (G), by striking ``and'' after
                the semicolon;
                    (B) in subparagraph (H), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(I) support for instructors of the less commonly
                taught languages.'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by inserting ``and
                Undergraduate'' after ``Graduate''; and
                    (B) by striking paragraph (2) and inserting the
                following:
            ``(2) Eligible student.--A student receiving a stipend
        described in paragraph (1) shall be engaged--
                    ``(A) in an instructional program with stated
                performance goals for functional foreign language use
                or in a program developing such performance goals, in
                combination with area studies, international studies,
                or the international aspects of a professional studies
                program; and
                    ``(B)(i) in the case of an undergraduate student,
                in the intermediate or advanced study of a less
                commonly taught language; or
                    ``(ii) in the case of a graduate student, in
                graduate study work in connection with a program
                described in subparagraph (A), including
                predissertation level study, preparation for
                dissertation research, dissertation research abroad, or
                dissertation writing.''; and
             (3) by striking subsection (d) and inserting the
        following:
    ``(d) Allowances.--
            ``(1) Graduate level recipients.--A stipend awarded to a
        graduate level recipient may include allowances for dependents
        and for travel for research and study in the United States and
        abroad.
            ``(2) Undergraduate level recipients.--A stipend awarded to
        an undergraduate level recipient may include an allowance for
        educational programs in the United States or abroad that--
                    ``(A) are closely linked to the overall goals of
                the recipient's course of study; and
                    ``(B) have the purpose of promoting foreign
                language fluency and cultural knowledge.''.

SEC. 5. USE OF FUNDS IN UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN
              LANGUAGE PROGRAMS.

    Section 604 (20 U.S.C. 1124) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by redesignating subparagraphs (I)
                        through (M) as subparagraphs (J) through (N),
                        respectively; and
                            (ii) by inserting after subparagraph (H)
                        the following:
                    ``(I) providing subgrants to undergraduate students
                for educational programs abroad that--
                            (i) are closely linked to the overall goals
                        of the program for which the grant is awarded;
                        and
                            (ii) have the purpose of promoting foreign
                        language fluency and cultural knowledge;''; and
                    (B) by adding at the end the following:
            ``(9) Limitation on undergraduate grants.--An institution
        of higher education, a combination of such institutions, or a
        partnership awarded a grant under this section shall use not
        more than 10 percent of the grant funds for the use described
        in paragraph (2)(I).''; and
            (2) by striking subsection (c).

SEC. 6. AUTHORIZED ACTIVITIES.

    Section 605(a) (20 U.S.C. 1125(a)) is amended--
            (1) in paragraph (8), by striking ``and'' after the
        semicolon;
            (2) in paragraph (9), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(10) the systematic collection, analysis, and
        dissemination of data that contribute to achieving the purposes
        of this part.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 610 (20 U.S.C. 1128b) is amended by striking ``$80,000,000
for fiscal year 1999'' and inserting ``$120,000,000 for fiscal year
2005''.

Summary: International and Foreign Language Studies Act of 2004 - Amends the Higher Education Act of 1965 (HEA) to revise provisions for international and foreign language studies . Includes support for instructors of less commonly taught languages among activities of national language and area centers and programs. Makes undergraduate students eligible for fellowships for foreign language and area or international studies . Allows a portion of funds for undergraduate international studies and foreign language programs to be used for subgrants to undergraduate students for educational programs abroad that promote foreign language literacy and cultural knowledge and are closely linked to grant program goals. Authorizes the Secretary of Education to support data collection, analysis, and dissemination that helps achieve part A purposes. Extends and increases the authorization of appropriations for part A.

A bill to amend part A of title VI of the Higher Education Act of 1965 regarding international and foreign language studies.